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TERMS AND CONDITIONS


 

This page (and any other documents that are referred to on it) contains the Terms and Conditions on which we supply any of the products listed on our website www.elasticswimwear.co.uk to you.

 
Please read these Terms and Conditions carefully before ordering any products from our website.  You should be aware that by ordering any of our products, you agree to be bound by these Terms and Conditions.  If you have any questions or feel unsure about any of the content please contact Customer Service before placing an order.

 
We have written these T&C’s with the consumer in mind and have tried to make them as easy to understand as possible. To further enhance your understanding of the terms we have listed some words that are widely used throughout the document.

 
About Us

If you need to contact us, please contact our UK based Customer Service by email at info@elasticswimwear.co.uk

 

About the use of this website and our communication

Accessing our website means that you automatically agree to our Terms and Conditions. If you do not agree with them then please do not use our website and leave it. Our website is provided to you for your personal use only.

If you choose to access this website from outside the UK you are responsible for compliance with local laws if and to the extent local laws are applicable.

 We have made every effort to display the products as accurately as possible but cannot guarantee that the product images you see displayed on your screen are a totally accurate representation of the actual merchandise due among other reasons to the technical difference in monitors or screens you may use.

By placing an order through our website, you confirm that you are legally capable of entering into binding contracts, that the personal  information which you provide when you register as a customer and place an order is true, accurate, current and complete in all aspects, and that you do not impersonate any other person. 

We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represent the full functionality, accuracy, and reliability of the website. 


We may provide links to other websites but if you follow these links you acknowledge and agree that we are not responsible for the availability or content or privacy practices of such external sites. 


Our employees and agents are not authorised to make any representations concerning the goods unless confirmed first by us to you in writing. When placing an order with us you acknowledge that you have not relied on any such representations which are not confirmed.


All specifications, drawings and particulars of weights, sizes and performance issued by us are approximate only.

 
Making a contract with us

When you place an order with us, you are making an offer to buy goods. After receiving your order, we will send you an order acknowledgment email detailing the products and prices you ordered, including our bank details for payment and earliest dispatch dates.


Acceptance of your order and formation of the contract will only take place once we have confirmed we received your payment via bank transfer.

We will send you a payment and dispatch confirmation email when the products you have ordered have left our warehouse.  If your order has not been accepted you will receive an email from us telling you the reasons why.


In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this. You will then not receive an e-mail acknowledging your order and there will be no contract between us.


Pricing policy

All prices shown in the website are in pounds sterling and inclusive of VAT of 20%. Where applicable, VAT may change from time to time.  In case we use a special sale offer price please note that this might be a limited period offer which we will then indicate. The price for goods remains the same regardless of the country of delivery.


We take great care in providing you with the right product information and prices. In the unlikely case that an error in pricing appears in goods that you have ordered we will inform you as soon as possible. However we shall be under no obligation to fulfil an order for a product that was shown at an incorrect price. In such a case we will contact you by email. 


Delivery charges

 We offer delivery within the UK only, delivery of goods within the UK is included in the price indicated on the website, however, please note that postage and packaging costs may apply for returns and exchanges. Please see refunds and returns section below.

 

Payment 
We accept bank transfer payments only at this time. Details are included in the order confirmation email. Goods will be dispatched after the confirmation and acceptance of your payment. Dispatch and delivery dates included the order confirmation email.


Description of Products and Availability

If an items sells out we will take it off display as soon as possible. If items that you order should be out of stock, or delayed for any reason, we will try to contact you, or if we receive no response to our e-mail we will continue to process the remaining items of your order.
If an offer is subject to a limited period of availability or is made subject to conditions, this will be explicitly mentioned in the offer.


Shopping, Registering as a Client and Placing an Order

To place an order on our web shop you do need to create and account. Once you registered you will be given a unique personal log-in name and password combination by email.  Your personal details will be stored behind your log-in name and password and can only be accessed and changed by you.  As soon as you have a log-in name and a password, you can place an order. You could select your products before you register, but before you can check out you will need to go through the registration process.

 

Once you have placed an order, it will then be confirmed by email. Please check your order and the confirmation thoroughly. It is important that you give a correct and personal email address when you register in order to avoid errors. Please make sure that your SPAM filter does not cause you not getting our messages.


When placing an order you have agreed that these Terms and Conditions apply to such order. 


Delivery
When your order has been posted we will send you a dispatch confirmation by email. 

We send the goods that you have ordered through regular post services.

 
If the goods are lost or damaged in transit, please let us know promptly, so that we can make a claim against the carrier. We will offer you the choice of a replacement or a full refund. Please see Returns Policy for further details.  Once the products have been delivered to you, or to someone acting on your behalf, the risk for loss, theft, damage passes to you.

 

Cancellation and Return Policy


Correct Suit Sizing

It is the customers’ responsibility to correctly measure themselves and to check the manufacturers sizing guides on elasticswimwear site. Customer Services are available to give advice and help with advice on the sizing, but they cannot see the swimmer or how the measurements are taken, so we do not bear any responsibility for the suit not being the correct sizing when received. It is the customer’s total responsibility for the size ordered.

This cancellation and return policy does not affect your rights when we are at fault - for example, if goods were sent out in error (see ‘ Returning orders when we are at fault’ below)


You have a legal right to cancel your contract before delivery and up to 14 calendar days after delivery. To do this please email us to discuss the matter further. 


You agree that if you might want to return goods you only unpack these to the extent necessary to assess whether you want to keep the products. During the period you shall treat the products and packaging materials carefully. If you return products you will need to do so with all delivered accessories, and as far as possible, the original packaging with all tags in place. In the interests of hygiene we do not offer refunds on swimwear if the hygiene seal has been removed. We have the right to deduct monies from refunds where goods show signs of unreasonable treatment or use leading to diminishing value. 

You would need to pay the cost of sending the order back to us. When you cancel your entire order within or after 14 days of receipt of your goods, please note that we will refund postal or packaging costs. You will receive your refund within 14 days of receiving the order in our office, or when proof of return is given, whichever is earliest. 

 

Please note all items returned for exchange or refund, customers will pay the postage charges of £7.00 will be deducted from your refund.


Please see ‘Return process’ below for further details.


Returning good when we are at fault

Goods returned as faulty should be returned to the address of Elastic ’91 KFT. Nyar u. 9. Hungary 2700. This product will be assessed by a returns department in conjunction with the manufacturer, should the item be deemed to be faulty this will be replaced or in case of an obsolete product an alternative item will be agreed or a refund will be issued if requested. If the item is faulty then you will receive a refund and compensation for your postage (Standard Parcel Charge costs Only).

 

Please Note: No claim for faulty goods can be made if any of the following applies - damage caused deliberately or negligence, improper use or careless maintenance, normal wear and tear, damage caused by not following the care instructions correctly.

 
Returns process

If you want to return any products in line with our return policy, please send your return to our ware house: Elastic ’91 KFT., Nyar u. 9. Hungary 2700. Please contact us by email before you return any items to the warehouse.


We will refund you, in line with our returns policy, within 14 days of receiving the order in our office, or when proof of return is given, whichever is earliest.


Ordering from outside the UK

Please note that we can only accept orders from within the UK at this time. (But contact us for further information).

 

 We do our utmost to provide you with the best information, products and services possible.  In the case you do have a complaint or other comment to make please contact us by email (info@elasticswimwear.co.uk) at the earliest possibility clearly explaining the feedback you have. We will reply within 3 working days.

Privacy and Security Policy

We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

Copyright
This website’s content (including text, design, layout, images, and videos) are protected by copyright and are the property of Elastic Swimwear.  Any use other than for your own personal and non-commercial use in line with the transactions and communications between you and us is not allowed without our express written permission. 

 

Our cookies policy

We do not store personally sensitive data such as credit or debit card numbers or postal address or telephone information in the cookies that we create. We simply use encrypted information contained within each cookie to help improve your shopping experience for example by helping us to suggest relevant related products to you whilst you are browsing.

 

Liability and Indemnity

Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.


Our liability for losses you suffer as a result of us breaking these Terms and Conditions is strictly limited to the purchase price of the product you purchased.  Except as set out above and in relation to our contractual obligations to supply goods and/or services following acceptance of orders placed on our website, neither we nor any of our agents, affiliates, directors, employees or other representatives will be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever in any way connected with your use of the website.

We shall not be liable for any indirect, or consequential loss of whatever nature, including damage to software or hardware, loss of income or revenue, loss of data, damage or loss of business, loss of profits or contracts, loss of anticipated savings, waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or any other indirect or consequential loss arising out of or in connection with your use of the website (including without limitation, any such loss arising out of or in connection with any order placed on the website, whether or not accepted by us).

You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you. We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.


Jurisdiction
These Terms & Conditions and all matters connected with any order you place on our website are governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with, or arising out of, the website or any order you place on the website.

All dealings between us in connection with our T&C’s and each purchase shall be carried on in the English language. 

You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

General
These Terms apply to our information and offer to you, the agreement between us and any related communication.  We may change our Terms and Conditions at any time, so please do not assume that the same terms will apply to future orders. 


In the event of any of these Terms and Conditions to be invalid or unenforceable the remainder of these Terms and Conditions will remain in place. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.


We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control which includes any strikes, civil commotion,  terrorist attack or threat of terrorist attack, , fire, explosion,  flood, other natural disaster, impossibility of the use of public or private transport, impossibility of the use of public or private telecommunications networks or any acts, decrees, legislation, regulations or restrictions of any government.


If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.


These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.


We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.


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