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TERMS AND CONDITIONS

  1. Terms of Website Use

Aqua Swimwear owns and operates this website. By using or accessing this website you acknowledge that you have read, understood and agreed to be bound by these terms and conditions (“Terms of Use”). If you do not agree to the Terms of Use, please do not use this website.

Ownership of Website and Content

Aqua Swimwear owns the website and, unless otherwise indicated, owns or is licensed to use all content and other material appearing on the website. The material on this website is protected by copyright under the laws of Australia and may not be used without written permission by Aqua Swimwear. No trade mark (whether registered or not) that is displayed on this website may be used in any way without the prior written permission of Aqua Swimwear or of the relevant trade mark owner.

Security

Aqua Swimwear cannot guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website.

Third Party Content

This website contains information from or hyperlinks to websites operated by third parties. Aqua Swimwear provides such information and hyperlinks for your convenience only, but is not responsible for and does not endorse the content of any such information or website.

Revisions

Aqua Swimwear may revise these Terms of Use or the Terms of Purchase below at any time in its absolute discretion by posting revised terms, and these revisions will be effective immediately. If any of the terms are found to be unenforceable, you agree that the remainder of the Terms of Use and the Terms of Purchase remain in full force and effect.

Liability

Aqua Swimwear provides this website and its contents on an “as is” basis, and makes no representation as to the accuracy, completeness, currency or reliability of the information contained on this website. Aqua Swimwear will not be liable in contract, tort (including negligence) or otherwise to you for any direct, special, indirect or consequential loss or damage (including loss of profits or loss of data) arising out of or in connection with this website.

Your Privacy is Important

We are committed to protecting the privacy of everyone who shops or interacts with us. Aqua Swimwear’s Privacy Policy sets out our commitment to you on privacy, including our use of “cookies”.

Governing Law

Aqua Swimwear operates this website from its offices within Australia. You agree to be responsible for compliance with applicable local laws if you access this website outside Australia.

  1. Terms of Product Purchase

The Agreement

In addition to the Terms of Use, these terms and conditions (“the Purchase Terms”) set out the additional terms and conditions under which you may purchase from Aqua Swimwear products appearing on this website. By completing the customer application process and purchasing products from this website, an agreement exists between you and Aqua Swimwear once Aqua Swimwear accepts an order. Each accepted order is a separate agreement.

Customer Application

You must complete the customer application process before placing any orders. You warrant that all information and data provided by you is accurate, complete and up to date. You will promptly notify Aqua Swimwear if there is any change to this information or data. You must take responsibility for the safekeeping of your username and password, as you are liable if an unauthorised person uses your username and password.

Orders

You place an order with Aqua Swimwear by selecting products and pressing the “purchase now”  or equivalent button on the checkout page. Aqua Swimwear reserves the right to accept or reject an order for any reason including without limitation, unavailability of product; an error in the price, image or the product description; or error in your order. Orders are deemed received by Aqua Swimwear at the time of successful transmission of the order, and you will thereafter be unable to cancel the order. Orders are deemed accepted by Aqua Swimwear upon Aqua Swimwear acknowledging such order or failing to reject such order within 14 days. We accept orders in and outside Australia.

Product Availability

Aqua Swimwear uses its best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to you completing your order. However you acknowledge that in some cases this is not possible and Aqua Swimwear may need to reject an order you have placed for a product where Aqua Swimwear establishes that it is actually unavailable for delivery. In such cases Aqua Swimwear will refund in full all amounts you paid in respect of such unavailable product. Aqua Swimwear cannot provide rainchecks for products ordered online, and where permitted by law reserves the right to limit the sale of products to reasonable or normal household quantities.

Payment

You must pay for your products purchased on this website at the time of placing an order. We accept Paypal and all major credit cards including Mastercard, American Express, Diners Club and Visa.

Variation of Products and Price

Aqua Swimwear may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full. Product availability and product prices may vary between Aqua Swimwear’s retail stores and those found on this website.

Delivery

Delivery terms included delivery areas, delivery costs and estimated delivery times are contained in Aqua Swimwear’s Delivery Policy. The Delivery Policy is expressly incorporated in these Purchase Terms. Risk in the products passes to you upon delivery to your nominated delivery address, and title passes upon payment for the products in full.

Returns

Return claims (including for replacement products, refunds or credits) are detailed in Aqua Swimwear’s Returns Policy. The Returns Policy is expressly incorporated in these Purchase Terms. Please refer to this policy to determine your entitlement to a return, and the process that you need to follow.

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