This website www.aimeeswim.com (“website” or “site”) is operated by Aimée Swim (Pty) Ltd (“Aimée Swim”).
Throughout the website, the terms (“we”, “us” or “our”) refer to Aimée Swim.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink and/or on our website. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
These Terms apply between Aimée Swim (“we”, “us” or “our”) and you, the person visiting or accessing the website (“you”, “your” or “the customer”).
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
INFORMATION ABOUT US
Aimée Swim (Pty) Ltd is a company registered in Seychelles under The Companies Ordinance 1972.
ONLINE STORE TERMS GENERAL CONDITIONS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority in your place of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses or code of a destructive nature. A breach or violation of any of the Terms of Service will result in immediate termination of your Services.
You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the website.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
THIRD PARTY RIGHTS
No one other than a party to these Terms has any right to enforce any of these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
The website must only be used for lawful purposes only. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content:
(a) for any unlawful purpose or effect;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website.
(i) to collect or track the personal information of others;
(j) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(k) for any obscene or immoral purpose; or
(l) to interfere with or circumvent the security features of our website or any related website, other websites, or the Internet.
(m) not to reproduce, copy or re-sell any part of our website in contravention of the provisions of our Terms.
We reserve the right to terminate your use of our website or any related website for violating any of the prohibited uses.
REGISTRATION AND PASSWORD SECURITY
To use the website you may be required to create an account and obtain a login name and password.
We are not obliged to permit anyone to register with the website and we may refuse, terminate or suspend registration to anyone at any time.
When creating an account, you must provide accurate, complete and current registration information and must update this information promptly if it changes.
You are solely responsible for maintaining the confidentiality of your login name and password. You must immediately notify us in writing of any unauthorized use of your account and you are responsible for any unauthorized activities, charges and/or liabilities made on or through your login name until we receive such notification. You may not transfer or lend login names to any other third party.
Any breach of any of these Terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these Terms.
We are not liable for any loss of confidentiality or for any damages arising from your failure to comply with these Terms.
If we have reason to believe there is likely to be a breach of security or misuse of the website through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
YOUR PRIVACY AND PERSONAL INFORMATION
All documents, information, texts, graphs, images, photographs or any other content published on the www.aimeeswim.com website are the exclusive property of Aimée Swim. Consequently, they may not be reproduced, exploited or used for any purpose whatsoever, without the express authorisation of Aimée Swim.
You acknowledge without reservations the intellectual property rights of Aimée Swim and undertake not to infringe them in any manner howsoever. More specifically, you expressly undertake not to manufacture, sell, provide a license or market in any manner howsoever, directly or through a third party, for its benefit or the benefit of a third party, the Products, imitations or reproductions of the Products or the intellectual property rights pertaining to the Products and trademarks belonging to Aimée Swim.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update on the website should be taken to indicate that all information on any related website has been modified or updated.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
HYPERLINKS AND THIRD-PARTY SITES
Certain content, products and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Carefully review the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, or concerns regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PRODUCTS OR SERVICES (IF APPLICABLE)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and may be subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.
Prices of products are expressed in Seychelles Rupees and may be chargeable in your applicable currency on the basis of a daily conversion via your applicable bank and/or card issuer. We reserve the right to change at any time and without prior notice the prices of products offered on our website. This will not affect orders in respect of which we have already sent you a dispatch confirmation.
For orders outside of the Seychelles, custom duties shall be borne by the customer and Aimée is not liable for any third party fees and charges.
All products are subject to availability. By placing an order you have accepted the prices, all policies, terms and description of the products available for sale on our website.
Sale items are final sale. Requests for returns or exchanges will not be accepted. This includes sale items purchased with an additional coupon code.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, see our Returns Policy.
Payments may be made by any major credit or debit card (Visa, MasterCard, American Express, and Visa Electron)..
Payment will be debited and cleared from your account before the dispatch of your order or provision of the service to you. If payment is to be made via a credit card a pre-auth value will be held against the card until the card issuer validates the payment.
We reserve the right to reject or cancel any orders which do not comply with these Terms even if your credit or debit card has been charged (and will refund in full any amounts paid by you in respect of the order).
Any payments or charges made through an order is deemed a payment by you. We are not responsible nor liable for any payment or charges made on this website with your payment information without your consent or knowledge.
RESERVATION OF OWNERSHIP
We shall retain the property of the products until receipt of full payment of all sums due in respect of the products has been made by you to Aimée Swim.
Ownership of products will pass to you on delivery of the products and/or once full payment of all sums due in respect of the products has been received by us.
Once delivered, the products ordered will become your responsibility and, except in relation to products that are damaged or faulty, we will not accept any liability for their loss, damage or destruction after they have been delivered.
We will deliver the products to you in accordance with the option specified by you when you place an order.
Delivery will be made to the delivery address and in line with our shipping policy. The shipping charge will be added when you checkout (if applicable).
Please see our Shipping Policy for further details.
DISCOUNT CODES AND COUPONS
The 10% off account registration offer is a single use code and can be applied only once. You must be signed into your account in order for the discount to be applied.
Discount codes and coupons only applies to the purchase price of items and not shipping fee. Discount codes only applies to full priced items and excludes sale items.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Aimée Swim, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states/jurisdictions, our liability shall be limited to the extent permitted by law.
“Force majeure” means any act, event, cause, condition or occurrence, beyond the reasonable control of the party, is not foreseeable, is unavoidable, and which prevents, delays or interferes with the performance by such party of any of its obligations under these Terms.
In cases where Aimée Swim is prevented or delayed by a force majeure case in honouring any tits obligation under these Terms, Aimée Swim undertakes to inform the Customer within 72 hours by specifying the exact elements constituting the force majeure, the reasonably foreseeable period of delay or prevention.
We are not liable to you if we fail to comply with these Terms, for any failure to perform or any delay in performance of any of our obligations due to a Force Majeure event.
You agree to indemnify, defend and hold harmless Aimée Swim and our parent, subsidiaries, affiliates, officers, members, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
GOVERNING LAW AND JURISDICTION
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Seychelles. By using this website, you submit and agree to the exclusive jurisdiction of the courts of Seychelles and agree that any legal action will only be commenced in these forums.
CHANGES TO TERMS OF SERVICE
We reserve the right to revise these Terms from time to time. Any changes to these Terms will take effect immediately.
You can review the most current version of these Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
We are not liable for any variation to or withdrawal of the website or its contents.
If you have any question with regards to the Terms, please contact us using the email address firstname.lastname@example.org
LAST PUBLISHED: DECEMBER 20221