Terms of Service

These terms set out the agreement for online trading between ELCE SWIM Pty Ltd ("ELCE SWIM PTY LTD") and the user of this website ("You") Please read them carefully before proceeding with entering the website. You must accept these terms and conditions to access this website any further. 

This website is owned and operated by ELCE SWIM PTY LTD.

PLACING AN ORDER AND PAYMENT

By completing an online order, You are making an offer to purchase the product at the price on our website.

Payment must be made at the time of submitting the online order. Payment can be made by Visa, MasterCard, Amex, Afterpay, or PayPal only. You warrant that you are an authorised user of the credit card, Afterpay account or PayPal account used to complete payment. 

All online orders placed through this website are subject to confirmation and acceptance by ELCE SWIM. We will email you with confirmation of the receipt of your online order. ECLE SWIM may reject Your online order for any reason and refund any payment made by you, at any time prior to dispatch.

The online order must be paid in full immediately upon entry into the Agreement. All transactions on the Australian and New Zealand website are settled in Australian Dollars (AUD). Customers purchasing from New Zealand will have their currency automatically converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details.

ELCE SWIM’s prices may vary in the event of price changes or mistakes on this website without prior notice to you. If ELCE SWIM requests payment for increased prices, you may cancel the order. Notification of your wish to cancel the order in these circumstances must be received within seven (7) business days of the announcement of the increase.

RETURN POLICY

All sales are subject to our Returns Policy.

FAULTY POLICY

If the product is confirmed to have a manufacturing fault, we will replace the product or refund the price of the product to your original payment method at your request. If the product is found not to have a defect or deemed out of warranty, we will ship the product back to you.

It does not constitute a defect, if in our reasonable opinion, the product has, following the sale to you, become of unacceptable quality due to fair wear and tear, misuse or failure to use in accordance with care for instructions.

Please see our full Returns Policy for more information.

 

PROMOTIONAL CODES

ELCE SWIM occasionally has special offers that can be applied to your order by using a promotional code. In order to take advantage of these promotions, you must enter the promotional code in the space provided during the checkout process and hit the "apply" button. The value of the promotion will be applied to your order automatically.

If you have not applied the promotional code but order was placed during the event contact our team straight after you’ve placed your order. It is up to ELCE SWIM’s discretion to refund you the discounted amount.

Please note, only one promotional code may be used per transaction. Unless otherwise specified each promotional code may only be used once per customer.

WEBSITE SECURITY

http://elceswim.com is protected by SSL (Secure Socket Layer) encryption. SSL is a security device that ensures that any data, which you enter into a secure area of the website, is encrypted during transmission over the Internet. SSL utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser.

ELCE SWIM does not store or keep credit card numbers from online transactions. The last four numbers and the expiry date of your credit card number are kept for order verification and identification purposes only. In the event a credit card is used without the holder's authorisation, the cardholder must notify their credit card provider in accordance with their reporting rules and procedures.

LIMITATION OF LIABILITY

ELCE SWIM has provided information on this website as accurately as possible. We take all precautions possible to keep the details of your orders and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party acquires unauthorised access to any data you provide when accessing or ordering from the website.

To the extent permitted by law, all guarantees, warranties or representations which are not specifically stated in this Agreement are excluded. If ELCE SWIM is liable for breach of an obligatory guarantee or implied warranty or representation, ELCE SWIM’s obligation is, at its option limited to the replacement of the products or the supply of equivalent products, the repair of the products or the payment of having the products replaced or repaired.

WEBSITE AVAILABILITY

On the rare occasion, http://elceswim.com could require some down-time, either scheduled or unscheduled. ELCE SWIM will try to ensure the amount of down-time is limited. We will not be held liable for any consequences during down-time.

PRIVACY POLICY

Please see our privacy policy (click here)

YOUR USE OF THE WEBSITE

You agree that you will use this website in accordance with these terms and conditions and that you will not use this website for any unlawful purpose.

You will not violate or attempt to violate the security of this website. You will not hack into this website, ELCE SWIM’s computer systems or the computer systems of other users of this website. Hacking means unauthorised access, malicious damage and/or interference.

As you browse ELCE SWIM, advertising cookies will be placed on your computer so that we can personalise your shopping experience.

By entering this website you agree to these terms and conditions. From time to time, this Agreement will be reviewed and may be revised. ELCE SWIM reserves the right to change this Agreement at any time. Any such changes will be posted on this website.

TERMINATION

ELCE SWIM reserves the right to terminate the agreement to supply products to you at any time before the products are dispatched. ELCE SWIM will not be liable to you for any expenses or damages whatsoever for terminating this Agreement.

If the product has not been delivered to you prior to any termination of this Agreement, ELCE SWIM will refund any payment you have made prior to termination.

ELCE SWIM may terminate the agreement under which you can use this website immediately without notice if you are in breach of our website term and conditions.

GOVERNING LAW

These Terms and Conditions (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of New South Wales and both parties hereby submit to the jurisdiction of the courts of New South Wales.

Mobile Message Service Terms and Conditions

Last updated: January 2022

The ELCE SWIM mobile message service (the "Service") is operated by Elce Swim Pty Ltd (“ ELCE SWIM ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to ELCE SWIM’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of ELCE SWIM through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with ELCE SWIM.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. If you are in the USA or Canada, text the single keyword command STOP. If you are in the UK or Australia, click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other ELCE SWIM mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, please email us at info@elceswim.com

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.