TERMS & CONDITIONS
In order to help us provide an optimal site and service and increase our speed of site download time, we gather the following information in aggregate form: operating system (e.g.Macintosh, Windows - Mac/PC), browser type (e.g. Navigator, Internet Explorer), IP address, and Internet domain. Cookies are used to record your purchase preferences each time you visit our site. Information gathered on our email registration form is simply your email address. This costs nothing to you but ensures we can update you with info on special offers that are not available to non registrants.
We use customer contact information from the order form for accounting purposes and to contact the customer when/if necessary (e.g. for customer service issues). In the instance when Swemwear uses a third party to fulfill the transaction, the following information is provided to the supplier in order to facilitate the transaction and/or exchange of goods: email address, phone numbers, fax number and payment details, including credit card information. Swemwear also uses the order information to send the customer information about our company and our services. Demographic and profile data is used to provide aggregate customers profiles to our marketing partners and to help us create a better service. Demographic and profile data is used to tailor our visitors' experience at our site, showing content that we think might be of interest, and displaying the content according to these preferences. Customers can opt out at any time of receiving these future mailings by unsubscribing.
Information gathered from contests: occasionally we run contests on our site and the customer's contact information is used to contact the customer when necessary (e.g. to notify you if you have won) and customers are added to our mailing list for future products. Customers may opt out at any time of receiving future mailings; see the unsubscribe section. Abbreviated/censored customer names and/or e-mail addresses may be used on our contest winners' page as well. We do not sell, share, trade, rent, or give away any of your personal information on our email lists.
Emails sent to Swemwear may occasionally be used for testimonial purposes but will be withdrawn from the web site if requested. Our site may from time to time contain links to other sites and Swemwear is not responsible for the privacy practices or the content of such web sites. Removal requests will be made within 11 working days of the request. If you have any questions about this privacy statement, the practices of this site, or your dealings with Swemwear please contact us at firstname.lastname@example.org.
Only one voucher/coupon may be used per order. Minimum order value may apply, and coupons cannot be used on multiple orders unless stated.
No contract will subsist between you and Swemwear for the sale by it to you of any order unless and until Swemwear accepts your order by e-mail confirming that it has been dispatched.
- PLACE OF PERFORMANCE AND APPLICABLE LAW
Swemwear is a company registered in England. Unless otherwise specified, the materials on this site are directed solely at those who access this site from the United Kingdom mainland. Swemwear makes no representation that any product referred to in the materials on this site is appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable. English law shall govern this Agreement. You and we each submit to the exclusive jurisdiction of the English courts in relation to disputes arising out of this Agreement. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
2.1 Swemwear has taken reasonable care in the preparation of the content of this site. However, to the extent permitted by applicable law, Swemwear disclaims all warranties (express or implied) as to the accuracy of the information contained in any of the materials on this site.
2.2 Swemwear shall not be liable to any person for any loss or damage, which may arise from the use of any of the information contained in any of the materials on this site.
2.3 Certain links in this site (typically a banner advert or icon) will lead to sites which are not under the control of Swemwear. When you activate any of these you will leave the Swemwear site and Swemwear has no control over and will accept no responsibility or liability for the material on any site which is not under the control of Swemwear.
- LIMITATION OF LIABILITY
3.1 You agree that Swemwear shall not be liable either in contract, tort, negligence, statutory duty or otherwise, for any:
3.1.1 loss of profits, revenue or goodwill or any type of consequential, indirect or special loss or damage whatever arising from or in any way connected with this Agreement;
3.1.2 direct loss or damage (including loss or damage which is reasonably foreseeable or occurs naturally in the course of things) resulting from any acts, omissions, failures or delays occurring on or in relation to those parts of the Internet not under Swemwear’s direct control including, without limitation, damage for loss of business, loss of sales, non payment of sums due, loss of profits, business interruption, loss of reputation, loss of business information, or any other pecuniary loss (even where Swemwear has been advised of the possibility of such loss or damage).
3.2 You also agree that (except in relation to such liability as has been expressly excluded in clause 3.1 above) the maximum aggregate of liability of Swemwear in contract, tort, negligence, statutory duty or otherwise (even where Swemwear has been advised of the possibility of such loss or damage), for any loss or damage whatever arising from or in any way connected with:
3.2.1 any defect in a product;
3.2.2 any failure by Swemwear to process signals, data, information, orders or messages correctly or in a timely manner;
3.2.3 any misrouting or non-delivery of signals, data information, messages or orders from you to other persons or from other persons to you, or any scrambling or distortion of data or information contained in them; and
3.2.4 any liability not excluded by this Agreement shall, in respect of any one or more events or series or events (whether connected or unconnected) taking place within any twelve month period be limited, in the case of defects falling within clause 3.2.1, to the price of the relevant goods and otherwise to £50. This limit shall also apply in the event that any exclusion or other provision contained in this Agreement is held to be invalid for any reason and Swemwear becomes liable for loss or damage that could otherwise have been limited.
3.3 You agree and acknowledge that you are in a better position than Swemwear to foresee and evaluate any potential damage or loss that you may suffer in connection with the goods and services provided by Swemwear, and therefore that Swemwear cannot adequately insure in respect of such liability. You warrant to Swemwear that you will insure against, or bear yourself, any loss for which Swemwear has excluded liability.
3.4 Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of liability set out in this clause 5 may not apply to you.
3.5 In particular, nothing in this Agreement shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from the negligence or fraud of Swemwear.
Save to the extent that it falls within the provisions of clause 5, you shall indemnify Swemwear and any third party (including its sub-contractors) from and against any liability, losses, rights, expenses, loss of profits, business interruption, consequential loss, pecuniary loss, claims or legal proceedings, including, but not limited to claims involving defamation and intellectual property infringement, and expenses, including legal fees, arising from your use of the Swemwear site or purchase of goods and/or services from that site which are brought or threatened against Swemwear or suffered or incurred by Swemwear by another person or entity.
Delivery times quoted are estimates only, and Swemwear shall not be liable for any delays caused except to the extent caused wilfully or negligently by Swemwear.
All designs, text, graphics and their selection and arrangement on this site are the copyright of Swemwear or its content providers. As a visitor to the Swemwear site you are licensed to copy electronically or to print portions of this site for your own personal, non-commercial use. Any other use of materials on this site without Swemwear’s prior written consent is strictly prohibited.
7.1 Intellectual property rights in any software or any other copyrighted materials ("Software") and supporting documentation supplied by us to you remain our property or that of our licensors.
7.2 Without our written consent and without affecting any applicable statutory rights under the Copyright (Computer Program) Regulations 1992 (as amended, supplemented or replaced from time to time) you shall not and shall not permit any other person to:
7.2.1 disassemble, reverse engineer, decompile or in any other way interfere with the Software;
7.2.2 copy or modify the Software; or
7.2.3 create any new Software partly or wholly based on the Software.
7.3 Subject to the terms of this Agreement, you are licensed to use the Software and associated documentation non-exclusively, but only for the purposes identified on the site in relation to the Software.
7.4 You must not transfer, assign or sub-license your right to use the Software or attempt to do so.
- TYPOGRAPHICAL AND PRICING ERRORS
In the event a product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse to meet or to cancel any orders placed for that product or service whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.
- MATTERS BEYOND OUR REASONABLE CONTROL
Swemwear shall not be held liable for any breach of this Agreement caused by circumstances out of its control including, but not limited to, Acts of God, fire, lightning, or extremely severe weather, explosion, war, disorder, flood, industrial disputes (whether or not involving our employees), acts or omissions of Internet services providers or acts of local or central Government or other competent authorities.
In the event of conflict or inconsistency between the terms of the English language version of this Agreement and any translation provided by us, the English language version shall prevail.
In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
- GIFT VOUCHERS AND VOUCHER CODES
Discount vouchers can be used towards goods of a higher price than the value of the Discount voucher on payment of the excess by credit/debit card.
Discount Vouchers can be redeemed at www.bluebella.com on any purchase agreed in the specific terms and conditions of that sale.
Discount Voucher refunds are subject to these terms and conditions and are not assignable or transferable.
Only one Discount voucher code can be used per person unless otherwise specified.
Only one Discount Voucher can be redeemed against a purchase in any one transaction unless otherwise specified.
Discount Vouchers cannot be used in conjunction with Promotional and Gift Vouchers unless otherwise specified.
Discount Voucher refunds are not transferable and have a cash redemption value of 0.001p.
Discount Vouchers are non-returnable.
Swemwear reserve the right to immediately suspend proceedings with a purchase if it believes the customer is in breach of any of these terms and conditions.
A Discount Voucher code cannot be claimed on transactions that have already been processed by Swemwear.
Swemwear reserves the right to amend the terms and conditions of the Discount Voucher codes at any time and to take any action it deems reasonably necessary which may include cancelling the Discount Voucher. This does not affect your legal rights.
Swemwear cannot be held responsible for failure to meet its obligations regarding the sale, redemption or any other action in connection with the Discount Vouchers which occur as a result of, but not limited to, acts of God, fire, flood, governmental intervention or disruption or breakdown of computer and IT infrastructures.
Voucher codes only apply against the full normal RRP of the product unless otherwise stated.
Voucher codes cannot be used in conjunction with existing offers or loyalty points unless otherwise stated.
The construction, validity and performance of these conditions shall be governed by the laws of England and Wales.
Competition details form part of these terms and conditions.
Entry is not permitted for employees (and their families) of Swemwear, its printers and agents, the suppliers of the prizes and any other companies associated with the competitions.
Entrant(s) must be aged 18 or over.
Proof of identity and age may be required.
Use of a false details or misuse of the intention of the competition will result in disqualification at Swemwear’s discretion.
All entries must be made directly by the person entering the competition.
Entries made online using methods generated by a script, macro or the use of automated devices will be void.
No responsibility can be accepted for entries lost, delayed or corrupted, or due to computer error in transit.
The prizes are as stated, are not transferable to another individual and no cash or other alternatives will be offered.
The winner(s) is(are) responsible for expenses and arrangements not specifically included in the prizes, including any necessary travel documents, passports and visas.
Prizes are subject to availability and the prize suppliers' terms and conditions where applicable.
The promoters reserve the right to amend or alter the terms of competitions and reject entries from entrants not entering into the spirit of the competition.
In the event of a prize being unavailable, the promoter reserves the right to offer an alternative prize of equal or greater value.
The winner(s) agree(s) to the use of their name, photograph and disclosure of county of residence and will co-operate with any other reasonable requests by Swemwear relating to any post-winning publicity.
Unless stated otherwise all postal entries must be made on the relevant coupon or form printed.
Unless stated otherwise the winner(s) will be drawn at random from all correct entries received by the closing date stated within the promotional material.
Reasonable efforts will be made to contact the winner(s). If the winner(s) cannot be contacted, or are unable to comply with these terms and conditions, the Promoter reserves the right to offer the prize to the next eligible entrant drawn at random; or in the event that the promotion is being judged the Promoter reserves the right to offer the prize to the runner(s)-up selected by the same judges.
Confirmation of the prize will also be made in writing to the winner(s) where applicable or requested.
Failure to respond and/or provide an address for delivery, or failure to meet the eligibility requirements may result in forfeiture of the prize.
Where applicable, the decision of the judges is final based on the criteria set out in the promotion and no correspondence will be entered into over this decision.
Competitions may be modified or withdrawn at any time.
The provider of the prize is Swemwear unless specified within the promotional material.
The Promoter is Swemwear 2106 Marshalls Lane SE, Atlanta Georgia, 30316
In the event of a discrepancy between these standard terms and conditions and the details in the promotional material (or any other terms and conditions provided/referred to at the time of entry), the details of the promotional material (and any other terms and conditions provided/referred to at the time of entry) shall prevail.
A list of winners will be available by writing into us or requesting on the website at the Promoter's address no earlier than six weeks (unless otherwise stated) after the close of the competition. For data security reasons only the surname and county of the winners will be disclosed.
Where a coupon or token is necessary for entry, residents of Northern Ireland only may send a stamped self addressed envelope FAO Competitions Department, Swemwear Ltd for a free copy of such token or coupons.
Swemwear is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Swemwear may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
WHAT WE COLLECT
We may collect the following information for order and/or marketing purposes where permission is expressly granted:
Contact information including email address
Demographic information such as postcode, preferences and interests
Other information relevant to customer surveys and/or offers
WHAT WE DO WITH THE INFORMATION WE GATHER
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.
Customer and order information is processed by Shopify Inc., which is based in the United States.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
LINKS TO OTHER WEBSITES
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
CONTROLLING YOUR PERSONAL INFORMATION
You may choose to restrict the collection or use of your personal information in the following ways:
Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes.
If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by emailing us at email@example.com.
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen. You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please email firstname.lastname@example.org.
If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible. We will promptly correct any information found to be incorrect.
- VAT PRICING
All product prices displayed on the website are inclusive of tax or VAT (if applicable)
At the checkout stage any tax or VAT applicable to the product will be displayed in the order summary.
Shipping costs are displayed inclusive of tax or VAT.