TERMS AND CONDITIONS
This website is operated by Ann Frances, Inc. d/b/a Swimland ("Swimland"). Throughout the site, the terms “we”, “us” and “our” refer to Swimland. Swimland offers this website, including all information, tools and products available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
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 (or "Terms") including those additional terms and conditions and policies referenced herein and/or available by hyperlink. The policies referenced throughout this site are incorporated by reference and have the same force and binding effect as all other Terms. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, visitors, customers and all others who access this website.
Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions and the policies contained herein. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or purchase any product. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions. This agreement between you and Swimland is effective at the date of your first use or access of the website.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province 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 this site, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your access to this site.
SECTION 2 - GENERAL CONDITIONS
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 this website 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.
SECTION 3 - 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.
SECTION 4 - MODIFICATIONS TO PRODUCTS AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the products without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any and all products offered on this site.
SECTION 5 - PRODUCTS
Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Returns & Exchanges Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products 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 that we offer. All descriptions of products or product pricing are subject to change at anytime 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 merchandise purchased or obtained by you will meet your expectations or that any errors in the product will be corrected.
SECTION 6- PLACING AN ORDER /ACCEPTANCE
Please follow the instructions on this website. Your order constitutes an offer to us to purchase the products and services on this website. After receiving an order, we will send you an email that we have received your order ("Order Confirmation"). While it is our practice to confirm orders by email, the receipt of an email Order Confirmation does not constitute our acceptance of an order offer to sell a product or service. All orders are subject to acceptance by us and we will confirm such acceptance by sending you an email confirming the shipment of your order ("Shipping Confirmation"). A contract will be formed only when you receive a Shipping Confirmation. The contract will relate only to those products or services whose shipment we have confirmed in the Shipping Confirmation. We will not be obligated to supply any other products or services which may be part of your order in the same or a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind the acceptance and cancel your order where there has been an obvious error in price or where the products or services are no longer in our inventory. We also reserve the right without prior notice to limit the order quantity on any product or service and/or refuse service to any customer. We may also require verification of information prior to acceptance and/or shipment of any order.
SECTION 7- 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.
SECTION 8 - OPTIONAL TOOLS
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).
SECTION 9 - THIRD-PARTY LINKS & SERVICES
Certain content, products and services available via our web site 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. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
This policy applies to all visitors to the website, with or without purchasing a product, when purchasing a product or when registering with Swimland. We are committed to protecting your privacy. All customer information is considered private and confidential. The personally identifiable information that you provide to us and information about your order may be combined with other personally identifiable information (such as demographic information and past purchase history) available from our records and other sources. We also use Pixel Tags to collect additional information regarding your browsing experience. This information will be used to make our future marketing efforts more efficient and to provide you with a more relevant and timely brand and shopping experience. This information may also be shared with our third party service providers that assist us with our marketing efforts and with other marketers whose products or services we feel may be of interest to you. If you prefer that we do not share your name and address with other marketers, please email us at firstname.lastname@example.org.
SECTION 11 - WHAT DO WE WITH YOUR INFORMATION
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 12 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at email@example.com.
SECTION 13 - PAYMENT
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, and American Express.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service or Privacy Statement.
SECTION 14 - LINKS
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
SECTION 15 - SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
SECTION 16 - COOKIES
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
SECTION 18 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site 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 on the website 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 on this site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in this website or on any related website, should be taken to indicate that all information in this website or on any related website has been modified or updated.
SECTION 19 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms and Conditions, you are prohibited from using the site or its content: (a) for any unlawful purpose; (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 this website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this website or any related website, other websites, or the Internet. We reserve the right to terminate your use of this website or any related website for violating any of the prohibited uses.
SECTION 20 - DISCLAIMER OF WARRANTIES; 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 this website 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 Swimland, 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 purchased from this site, 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 this website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 21 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Swimland and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 22 - SEVERABILITY
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.
SECTION 23 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our website or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions, we also may terminate this agreement at any time without notice and we may deny you access to our website (or any part thereof).
SECTION 24 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and govern your use of the site and the purchase of any products or services on the site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms of Conditions shall not be construed against the drafting party.
SECTION 25 - GOVERNING LAW AND VENUE
These Terms and Conditions and this agreement shall be governed by and construed in accordance with the laws of the State of Florida and both parties agree that the venue for any legal proceedings arising under this agreement shall be in the State Courts located in Broward County, Florida or the United States District Court for the Southern District of Florida. The prevailing party shall be entitled to recover all costs and expenses including reasonable attorney’s fees including but not limited to fees incurred disputing the validity of attorney fees.
SECTION 26 - TRADEMARKS
The trademark Swimland is proprietary to the company. Any other trademarks on this website are proprietary to their respective owners. Said owners or their respective agents have granted Swimland the right to use their trademarks.
SECTION 27 - COPYRIGHT
Swimland created this website and holds the copyright for all design and graphic elements contained on the site. Any replication, modification, replication, or distribution of any site graphics, designs, content or text is forbidden. Images shown on this site are the property of their respective copyright owners and they have given Swimland permission to use these images on the site. Any replication, reproduction, modification or distribution of any images on this cite is forbidden and must be obtained from the respective copyright holder.
SECTION 28 - PROMOTIONAL CODES
Promotional codes are for purchases on this website and cannot be used in conjunction with any other offer or discount. This includes reduction in price(s) during sales. The sum or percentage discount will be reduced from the order total excluding shipping charges. We reserve the right in our sole discretion to exclude any person from using ant promotional code.
SECTION 29 - ACCESSIBILITY POLICY
Swimland is committed to ensuring that its website is accessible to people with disabilities including those with visual impairments. Swimland has taken every reasonable step available to it to make its website accessible to those with visual impairments and disabilities and it will continue to use its best efforts toward enhanced accessibility going forward.
For accessibility issues please telephone us at 954-966-5055 between 9:00am-5:00pm EST Monday-Friday or email us at firstname.lastname@example.org. We will contact you within 24-48 business hours Monday-Friday.
SECTION 30 - QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact us at email@example.com or by mail at
3141 W Hallandale Beach Blvd
Hallandale, Florida 33009.