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Terms of Sale

Shade Swim (ABN 20 598 905 902) allows you to purchase uniquely designed shape enhancing swimwear, leisurewear and accessories through this website.
The following Online Shopping Terms, together with our Privacy Policy, and Website Terms and Conditions of Use (and Disclaimer) apply to your access to and use of our online shop and the supply of swimwear products ordered via our website.

By ordering products from our online shop, you acknowledge that you have read, understood and agree to be bound by these Online Shopping Terms and Conditions.


Terms and Conditions



Purchasing our swimwear

  1. You may buy products offered online by Shade Swim by navigating the catalogue and shopping cart available on our website.
  2. To purchase products via our website, you must be at least 18 years of age.
  3. By placing an order, you confirm that you are at least 18 years of age and that all information you provide is accurate, complete and not misleading.


Prices

  1. All prices are in Australian dollars.
  2. Prices include Australian Goods & Services Tax (GST) unless your billing address is outside Australia.
  3. All prices exclude delivery charges and customs duty and other taxes, if applicable.
  4. GST will be applied to all purchases delivered within Australia regardless of where the purchaser is located.
  5. All prices are subject to change without notice.


Special offers

  1. Shade Swim may provide special offers from time to time.
  2. At any time, we may terminate any special offer without advance notice.
  3. If terminated, a special offer will continue to apply to products you ordered in good faith in accordance with these Terms before the special offer was terminated.


Payment

  1. The full payment for your order (including the product price and applicable delivery charges) will be deducted from your chosen payment method on completion of your order.
  2. We accept payment by Visa and Mastercard via Shopify, and PayPal.
  3. We do not retain or store credit card details.
  4. Your selected items will be posted within 1-3 business days of receiving cleared funds.
  5. Redeemable online gift vouchers may be purchased online and are valid for 12 months from the date of purchase.


Shipping and Delivery

  1. It is your obligation to enter the correct delivery address details at the time of ordering.
  2. If your goods are returned because an incorrect address was provided you will be required to pay shipping costs to the correct address prior to the release of your item/s.
  3. The majority of Items will be posted within 1-3 business days of receiving cleared funds.
  4. If you make a purchase over the weekend or on a public holiday we will receive your payment on the next business day and ship within 1-3 business days.

    Standard Shipping
  5. Free standard shipping via Australia Post is offered on all items and delivery is between 5-7 days.Express Shipping
  6. Express shipping via Australia Post is available for a flat fee of $12.00 and delivery takes 1-3 days depending on location.
  7. If you are located outside of a metropolitan area (e.g. Rural or outer suburban areas) please allow an additional two business days for delivery times.
  8. It is your responsibility to inform us promptly if an order does not arrive by emailing hello@shadeswim.com.au
  9. You have the option to choose a different delivery address than your billing address.

    International shipping
  10. We do not currently offer international shipping. If you are located outside of Australia please contact us and we will do our best to assist you.


Returns Policy

IMPORTANT NOTICE
It is important to Shade Swim that you are satisfied with your purchase of products.

The following conditions are strictly applied to all returns and requests for refund or exchange.

  1. All return products for either refund or exchange as the case may be, must be in new and unused condition, with swing tickets and hygiene stickers attached.
  2. Please ensure that items are tried on over your own underwear. In the interest of hygiene, we may refuse returned items where we reasonably consider that this has not been done.

    Change of mind
  3. A refund is not offered for a change of mind; however, Shade Swim is happy to offer an exchange or credit voucher within 30 days if you change your mind about the item you have selected.
  4. The customer is responsible for postage fees and charges for any returns for change of mind.
  5. Orders purchased with redeemable online gift vouchers will be refunded with a replacement voucher.

    Exchange
  6. All exchange requests must be received within 30 days of your purchase. Items must be returned in new, unwashed condition with tags still attached.
  7. For hygiene purposes it is a condition of this Agreement that you, at all times, try your selected item over your underwear.
  8. Exchange of Size - In order for Shade Swim to issue an exchange strict your item must
    • Be in new condition
    • Be unworn, unwashed and free from alternations
    • Have tags attached
    • Have the hygiene seal intact
  9. Please contact Shade Swim with your exchange request and the following details:
    • Your name
    • Order number
    • Phone number
    • Email address
    • Postal address
    We will be in touch within 24 hours of receipt of your email.

    Address for the return of items
  10. Please seal and return your item using appropriate protective postage satchels and ensure you use the Australia Post trackable label. Please post items to

    Shade Swim
    PO BOX 12
    Greenslopes, QLD, 4210.

  11. Shade Swim does not accept responsibility for items posted to us by you.
  12. Please ensure all requested information is contained within the parcel so we can confirm the identity of the purchaser.

    Postage fees responsibility and reimbursement
  13. Shade Swim will reimburse you for the costs of return postage where an item is faulty, or there is an error on our side (e.g. Incorrect order) using standard Australian Post service.
  14. If you change your mind we’ll happily provide you an exchange or credit voucher for a future purchase, however you will be liable for return postage fees.
  15. Please choose carefully as we don’t issue refunds for change of mind purchases.

    Faulty or Defective Garments
  16. Shade Swim reserves the right to inspect and assess the condition of returned merchandise that has been worn prior to processing a refund or exchange.
  17. We will happily provide a full refund and reimburse you for the cost of return shipping via standard Australia Post where the item is deemed to have a genuine manufactures fault or defect under the following conditions:
    1. You must notify Shade Swim immediately upon noticing any defects or faults AND within 7 days of receiving the order and provide your name, order number and details of the defects or faults and a photo if possible.
    2. Items, the subject of a refund request, once received by Shade Swim, will be examined for faults or defects and you will receive a notification from us about whether we agree that the items are faulty or defective within 48 hours of the receipt of items by us.
    3. If deemed faulty by Shade Swim, a replacement item will be shipped where possible (subject to stock availability) or a refund will be issued.
    4. Returns will be processed within 10 business days from the day the return arrives at Shade Swim Office.
    Refunds
  18. When your return is received, examined and a refund is approved, an email will be sent to the customer confirming refund approval.
  19. Please allow 3-5 working days for your refund to be examined and approved.
  20. Please allow 1-7 days for your refund to appear in your nominated bank account.


Liability Disclaimer

  1. Our products come with guarantees that cannot be excluded under the Australian Consumer Law.
  2. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
  3. You are also entitled to have the products replaced if the products fail to be of acceptable quality and the failure does not amount to a major failure.
  4. You may also be entitled to remedies that cannot be excluded under the Australian Consumer Law if any services supplied by us to you fail to meet a consumer guarantee under the Australian Consumer Law.
  5. To the extent legally permitted, under no circumstances are we to be held liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the supply of products or services via this website or the use of such goods or services by any person, including, without limitation, any lost profits or savings, damage to or loss of property or personal injury (including death), even if we are expressly advised of the possibility of such damages.
  6. This exclusion and waiver of liability apply to all legal causes of action, including but not limited to contract, warranty, or negligence.
  7. Where we refund you the amount of your order as provided in your agreement with us (less any amount you have agreed we may deduct, as described in these terms and conditions, you agree such refund is the total amount of our liability to you for all circumstances relating to the refund


Excusing events

  1. You acknowledge and agree that we are excused from supplying our products, services, and other obligations and will not be responsible for any delays where, and so long, as we are prevented from performing our obligations under these Terms by events or causes beyond our reasonable control.
  2. We will endeavour to notify you of any delay and its expected duration.
  3. If we are prevented from performing our obligations for longer than a reasonable time, we may elect to cancel your order and issue you a credit in the amount paid for the order without further liability to you.


Entire agreement

These Terms together with the Website Terms and Conditions (including Disclaimer)  and Privacy Policy set out the entire agreement between you and us and supersede all prior communications.


Alterations

  1. We may alter these Terms from time to time by posting the altered version on our website.
  2. You should visit the website regularly to keep up to date with any alterations.
  3. In the case of an alteration, the altered Terms only apply to products ordered via the website after the alteration takes effect.


Dispute resolution

  1. Should a dispute arise between us, we strongly encourage you to contact Shade Swim at hello@shadeswim.com.au to seek a resolution.
  2. Any reasonable requests will be considered and Shade Swim will attempt to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.


Applicable law

  1. These Terms shall be construed in accordance with and governed by the laws of the State of Queensland, Australia.
  2. You consent to the exclusive jurisdiction of the courts in the QLD to determine any matter or dispute which arises between you and Shade Swim.

By proceeding with your purchase, you are deemed to have read, understood and agreed to the terms of your purchase under this Agreement.

Thank you.
Shade Swim.

© Shade Swim 2018

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