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Please carefully read these Terms and Conditions before purchasing any SWIMMERS® products on www.swimmers.com.ar (the “Website”), a site operated by SWIMMERS®. By purchasing SWIMMERS® products from the Website, you agree to be bound by these Terms and Conditions of Sale.
OUR CONTRACT
When you place an order to purchase a product from the Website, We will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to Us to purchase a product. The acceptance will be complete when We send an email to you confirming that We have accepted the order (the ‘Order Confirmation Email’). You are seeking to enter into a contract with SWIMMERS® when you place an order.
This contract is legally binding when you have placed an order, when your order has been accepted by Us and when We have sent you the Confirmation Email.
SWIMMERS® will retain the title in the products until full payment has been made by you and has been received by SWIMMERS®.
DELIVERIES
We will endeavour to deliver all products you have ordered within thirty (30) days from your Order Confirmation Email.
You shall not have be able to select either the time or specific day to have the product(s) delivered. You may state a suggestion on the Comment Field at the time you place your order, which shall be subject to the shipping company’s routes and schedules.
All products purchased from the Website are made pursuant to a shipment contract. This means that SWIMMERS® shall not be held responsible for any error or missing information on the registered address you stated on your order ( number and name of street, zip code, neighbourhood and province), or in the case you have selected a different shipping company. You will be responsible for the product(s) once they are in your physical possession or once they have been delivered in accordance with the delivery instructions. Deliveries will NOT be submitted to PO Boxes. Deliveries cover all Argentine territory except in the province of Tierra del Fuego.
If you have received your Order Confirmation Email but your products have not arrived within the time specified in the Order Confirmation Email, please contact Us and We will do our best to assist. Note that during exceptionally busy periods (e.g. Christmas, open waters competitions) or when the weather is particularly inclement please allow an additional day before raising a query.
If your order has not been received within our specified timescales as further set out above, in the first instance please check with your local mail delivery office to see that they are not holding your parcel. If they confirm that they do not have your products, please contact SWIMMERS® and We will do our best to assist.
RETURNS PROCEDURE
You can only return SWIMMERS® products which have been purchased directly through this Website. If you purchased your SWIMMERS® products at a retail store or from another website, the products must be returned to the original store or site where they were purchased.
If for any reason you are not happy with your SWIMMERS® products, please follow our Returns Procedure, so that We can assist you in the exchange or refund of your order. SWIMMERS® reserves the right to reject the return of products which are not returned in accordance with our Returns Procedure and We may request that you pay for the shipping of such goods back to you. Our Returns Procedure does not affect your statutory rights.
You may return new, unworn or unused products which you wish to exchange or return within fourteen (14) consecutive days from the date on which the goods were shipped to you. Where you wish to exchange a product, please note that you will only be able to exchange with a product of the same or less value than the original item you wish to exchange.
Please note: your right to exchange or return products is separate from your statutory right to cancel your order (see below).
DELIVERY COSTS
a) If you are returning goods for exchange or return, there will be no additional delivery charge.
Please note: you will only be reimbursed the original delivery charge where you exercise your statutory right to cancel as described below.
b) You will not be liable for the delivery costs in sending you any products as exchanges.
Please note, you will not be liable for the costs of returning any substitute goods i.e. where you have been supplied with substitute goods because the original goods became unavailable when order
c) In the case of returns, you will only be refunded the value of the goods ordered.
d) We will only pay the return costs and subsequent re-delivery costs (if applicable) if the return is a result of our error or if the goods are faulty.
All goods must be returned to Us unused, together with all original packaging (please note you have a duty to take reasonable care of returned goods and any refund may be withheld or a charge incurred if you fail to take such care and damage the goods). Please make sure that your return package is packed and sealed securely (in or with the original packaging if possible). Packages must be returned with the freight prepaid. SWIMMERS® recommend that packages should be returned with the same shipping company previously used, as We cannot accept liability (or offer refunds) for any packages that are lost or goods that are stolen or damaged.
We will refund all monies received from you (including the outbound delivery cost) within fourteen (14) consecutive days of receiving the product(s) from you. Please note that if you have opted to deliver the product(s) back to Us by more expensive means that the standard delivery option offered by SWIMMERS®, you will not be refunded for the full outbound delivery cost. We will only refund you the cost of the standard delivery option.
PRICING AND AVAILABILITY
All prices are quoted in Argentine Pesos and are inclusive of VAT unless otherwise specified. All item prices are exclusive of delivery charges. Beyond what We say on that page or otherwise on the Website, We cannot be more specific about availability. As We process your order, We will inform you by email if any products you order are subsequently found to be unavailable. Please note that shipping dates are estimates only. Unless otherwise stated, dispatch dates are not guaranteed and should not be relied upon.
Despite our best efforts, a small number of the products on the Website may be mis-priced. If a product's correct price is lower than our stated price, We will charge the lower amount and send you the product. If a product's correct price is higher than our stated price, We will, at our discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.
DISCLAIMER AND LIMITATION OF LIABILITY
This Website is provided by SWIMMERS® on an “as is” and “as available” basis. SWIMMERS® makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.
SWIMMERS® disclaims all warranties, express or implied, including, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. SWIMMERS® does not warrant that this Website, its servers, or e-mail by Us are free of viruses or other harmful components. SWIMMERS® will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
ELECTRONIC COMMUNICATIONS
When you visit the Website or send emails to Us, you are communicating with Us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from Us electronically and you agree that all agreements, notices, disclosures and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS
We reserve the right to make changes to our Website, policies, and these Terms and Conditions of Sale at any time. Your usage of the Website and your orders will be subject to the policies and Terms and Conditions of Sale in force at the time that you use the Website or that you order products from Us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these Terms and Conditions of Sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
EVENTS BEYOND OUR REASONABLE CONTROL
SWIMMERS® will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
METHODS OF PAYMENT
SWIMMERS® accepts any of the options stated below:
Any method of payment is subjet to the amount of money being duly credited and / or verified.
SWIMMERS® reserves the right to change, modify, add or remove any method of payment and promotion.
INVOICE BILLING, LEGAL ENTITY NAME AND ADDRESS
The company’s legal entity name is HERNÁN SURIAN, registered address 842 MEDRANO PEDRO Ave (ground floor) (C.A.B.A.), Taxpayer Identification Number 20-170321457-7
In case it applies SWIMMERS® shall send to your email address a “A” invoice with all the tax facts required, the amount to be paid, the currency and the method of payment (if applicable).
SWIMMERS® disclaims any responsibility for the truth in information on other third-party websites, for the information being replicated or communicated directly without previous verification on behalf of SWIMMERS®. In case a user were affected by the aforementioned information, he must contact our Customer Care Centre by submitting an email to tiendaonline@swimmers.com.ar in order to remove such information.
The content of the present Website including, but not limited to, the text, SWIMMERS® logo, artwork, photos, database and software are property of HERNAN SURIAN, and he has the right to use it by virtue of granted user licences, in accordance with national and international law in force on intelectual property.
NOTE: Any piece of information or file sent, shared or used by the user containing illegal, obscene, abusive, offensive, slanderous, virus infected or any other element capable of harming the functioning of a computer, the Website or the system are prohibitted in the same manner as using the Site in order to violate any norm in force, to record false information at the moment of registering in order to purchase a product (or in any other cirumstance when such information be required), to use programmes, or automatic or manual appliances/gadgets in order to monitor or copy the information or any other content from the Website without prior written consent from SWIMMERS®
In the presence of any disagreement, difference or conflict arising from the interpretation, validity, scope and/or the enforcement of the present General Terms and Conditions, the User shall contact SWIMMERS® to file the complaint in order to come to an agreement.
In case that both parties may not come to terms, the User may settle the claim to the Department of Consumer Rights and Protection of the Government City of Buenos Aires. For further information regarding this government agency, please enter http://www.buenosaires.gov.ar or contact free of charge at 147.
These Terms and Conditions of Sale are written in English and in Spanish. Both versions are equivalent and both will constitute the Terms and Conditions. The Spanish version will prevail in case of any discrepancy between both versions.