Conditions of use of our Website
- You must not misuse this Website.
- By using our website, you agree you will not:
- commit or encourage a criminal offence;
- transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene;
- hack into any aspect of our website or business;
- corrupt or attempt to corrupt any data trafficking in and out of this website or our business;
- cause annoyance to other users of this website;
- infringe upon the rights of any other person's proprietary rights;
- send any unsolicited advertising or promotional material, commonly referred to as "spam" to us or any other person using this website; or
- attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
- We will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use or during your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
- The use of automated systems or software to extract data from this Website for commercial purposes, (‘screen scraping’) is prohibited without license and/or our direct written consent.
Intellectual Property, and Content
The intellectual property rights in all software and content (including images) made available to you on or through this Website remains the property of TJ Swim or its licensors and are protected by copyright laws in Australia and common treaties around the world.
All such rights are reserved by TJ Swim and its licensors.
You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise. You may store, print and display the content supplied solely for your own personal use.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software, document or image supplied by us or our licensors.
Registration to our Website
When you register for any area of this Website, the following terms and conditions apply.
You must provide us with true and accurate registration information. You must keep any user name and password allocated to you confidential, and we are entitled to assume that anyone using that user name and password is you.
We reserve the right to close accounts if you are seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts or disrupt any of our services in any way.
If you use multiple accounts for the purpose of disrupting our website or our business, you may have action taken against all of your accounts.
If you sign into any area of this Website or any other service that uses a single-sign on (e.g. Facebook Connect) on a public computer (e.g. at a university, public library etc,) and do not sign out, someone else who uses that computer after you may be able to access your account(s). We advise you to ensure you log out of all services when you have finished using a public computer. We will not be held responsible for any action or damage that occurs if you fail to logout of your account.
Where you access the Website using a mobile device (e.g. a phone or tablet) through a web browser or an app, depending on your settings you may stay signed on from that device. This means that someone else with access to your device may be able to access your account(s). You should protect the device with a password, and if your device is lost or stolen, use remote wipe facilities (if available) to clear all personal information on your device, and change the password(s) for your account(s).
We reserve the right to close an account if any user is seen to be or suspected to be using proxy Internet Protocol addresses (“IPs”) to or attempt to hide the use of multiple accounts or disrupts any of our services in any way.
Terms of Sale
By placing an order for any goods on our Website you are offering to purchase the goods on and subject to the following terms and conditions:-
- All orders are subject to availability and confirmation of the order price.
- Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
- In order to contract with us you must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to us. We retain the right to refuse any order made by you.
- When placing an order, you undertake that:-
- all details you provide to us are true and accurate;
- that you are an authorised user of the credit or debit card used to place your order; and
- that there are sufficient funds to cover the cost of the goods.
- The cost of foreign goods and services may fluctuate. All prices advertised are subject to such changes.
- Please be aware that some of the goods sold through our Websites may not be suitable or appropriate for children under 18 years of age, so please take extra care when purchasing goods as gifts, for under 18’s and take note of our returns and exchange policy below.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved and our billing agent has debited your credit or debit card.
Whilst we try and ensure that all details, descriptions and prices which appear on our Website are accurate, from time to time errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Please be aware that the issuer of your credit or debit card may charge currency conversion or other fees in relation to your order. You should check with the issuer of your credit or debit card for details of any such fees.
Returns, Refunds and Exchanges
- Returning goods if they are faulty
Our goods may come with guarantees that cannot be excluded under the Australian Consumer Law. You may be entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.
You also may be entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
If you think that there is a fault with the goods you have received, please let us know straight away by contacting us. Please include as many details as possible about the order and the problem with the goods.
- Returning goods if you change your mind or need a different size
In addition to your rights in relation to faulty goods, you can return any goods within 14 days of receipt for an exchange or store credit. We do not provide refunds, exchanges or store credits for sale items unless they are found to be faulty
Please note that in the interests of hygiene, some goods cannot be returned, unless they have remained in their original wrapping and have their hygiene sticker still attached or are faulty. Please note that Under Australian Consumer Law we do not offer returns or exchanges on thong bottoms. This applies to: candice bottoms.
If you change your mind about the goods (including the size or colour), the goods returned must be in their original condition, which includes any packaging. All goods will be inspected on return.
- How to Return goods
Please request a return via the ‘Returns’ page on our website to generate an RMA number.
Return shipping details will be provided once an RMA has been generated.
Please kindly fill in the below details and include this form in the returned package.
You agree to indemnify, defend and hold harmless TJ Swim, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of these Terms and Conditions.
We shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms and Conditions are unenforceable, the enforceability of any other part of the Terms and Conditions will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly.
Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
If you have a complaint about us, please contact our team here:
Mail address: PO Box 905, Petersham, NSW, 2049, Australia
If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of Australia and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Australian courts.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and TJ Swim. Any waiver of any provision of the Terms and Conditions will be effective only if we provide our express consent in writing and signed by a Director of TJ Swim.