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 United States website are settled in United States Dollars (USD). 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://us.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://us.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.
Win $1,000 Give Away Sale
Terms and Conditions
1. Participation in this promotion is deemed acceptance of these terms.
2. Entry is only open to Australian residents only.
3. Employees (and their immediate families) of the Promoter and agencies associated with this
promotion are ineligible to enter.
4. The Promoter reserves the right, at any time, to verify the validity of entries and entrants
(including an entrant’s identity, age and place of residence) and to disqualify any entrant who
submits an entry that is not in accordance with these Terms and Conditions or who tampers
with the entry process. Errors and omissions may be accepted at the Promoter's discretion.
Failure by the Promoter to enforce any of its rights at any stage does not constitute a waiver
of those rights.
5. Incomplete, indecipherable or illegible entries will be deemed invalid.
6. Multiple entries permitted, subject to the following: (a) only one entry permitted; and (b) each
entry must be submitted separately and in accordance with entry requirements.
7. If there is a dispute as to the identity of an entrant, the Promoter reserves the right, in its sole
discretion, to determine the identity of the entrant.
8. Promotion begins on the 12th of February 2024 AEST and closes on the 3rd of March 2024
AEST. The winner will be drawn on the 4th of March 2024 AEST.
9. The Promoter’s decision is final and no correspondence will be entered into.
10. Prize is
NON-TRANSFERABLE/NON-EXCHANGEABLE/NON-REPLACEABLE/NON-UPGRADEABL
E and cannot be redeemed for cash or returned.
11. The major prize winner will be notified by email.
12. Subject to the unclaimed prize draw clause, if for any reason the winner does not take the
prize (or an element of the prize), then the prize (or that element of the prize) will be forfeited.
13. If the prize (or part of a prize) is unavailable, the Promoter, in its discretion, reserves the right
to substitute the prize (or that part of the prize) with a prize to the equal value and/or
specification, subject to any written directions from a regulatory authority.
General
14. Total prize pool value is $1,000. The prize is not transferable or exchangeable and cannot be
taken as cash.
15. Entrants consent to the Promoter using their name, likeness, image and/or voice in the event
they are a winner (including photograph, film and/or recording of the same) in any media for
an unlimited period without remuneration for the purpose of promoting this promotion
(including any outcome), and promoting any products manufactured, distributed and/or
supplied by the Promoter.
16. If this promotion is interfered with in any way or is not capable of being conducted as
reasonably anticipated due to any reason beyond the reasonable control of the Promoter,
including but not limited to technical difficulties, unauthorised intervention or fraud, the
Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to
disqualify any entrant; or (b) subject to any written directions from a regulatory authority, to
modify, suspend, terminate or cancel the promotion, as appropriate.
17. Any cost associated with accessing the promotional website is the entrant’s responsibility and
is dependent on the Internet service provider used. The use of any automated entry software
or any other mechanical or electronic means that allows an entrant to automatically enter
repeatedly is prohibited and will render all entries submitted by that entrant invalid.
18. Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit,
exclude or modify the statutory consumer guarantees as provided under the Competition and
Consumer Act, as well as any other implied warranties under the ASIC Act or similar
consumer protection laws in the State and Territories of Australia (“Non-Excludable
Guarantees”). Except for any liability that cannot by law be excluded, including the
Non-Excludable Guarantees, the Promoter (including its respective officers, employees and
agents) excludes all liability (including negligence), for any personal injury; or any loss or
damage (including loss of opportunity); whether direct, indirect, special or consequential,
arising in any way out of the promotion.
19. Except for any liability that cannot by law be excluded, including the Non-Excludable
Guarantees, the Promoter (including its respective officers, employees and agents) is not
responsible for and excludes all liability (including negligence), for any personal injury; or any
loss or damage (including loss of opportunity); whether direct, indirect, special or
consequential, arising in any way out of: (a) any technical difficulties or equipment malfunction
(whether or not under the Promoter’s control); (b) any theft, unauthorised access or third party
interference; (c) any entry or prize claim that is late, lost, altered, damaged or misdirected
(whether or not after their receipt by the Promoter) due to any reason beyond the reasonable
control of the Promoter; (d) any variation in prize value to that stated in these Terms and
Conditions; (e) any tax liability incurred by a winner or entrant; or (f) use of a prize.
20. The Promoter collects personal information in order to conduct the promotion and may, for
this purpose, disclose such information to third parties, including but not limited to agents,
contractors, service providers, and prize suppliers and, as required, to Australian regulatory
authorities. Entry is conditional on providing this information. The Promoter may, for an
indefinite period, unless otherwise advised, use the information for promotional, marketing,
publicity, research and profiling purposes, including sending electronic messages or
telephoning the entrant. Entrants should direct any request to opt out, access, update or
correct information to the Promoter. All entries become the property of the Promoter.
21. Please note that entry into this competition is deemed automatic consent to be added to the
ELCE Swim's EDM & SMS Database.
22. The Promoter is ELCE Swim