Last updated: July 11, 2024
Welcome to elswimwear.com (“Website”), owned and operated by elswimwear (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of our Website and the purchase of any products from our Website. By accessing or using our Website, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Website.
1. Acceptance of Terms
By accessing and using our Website, you accept and agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use our Website.
2. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on our Website. Your continued use of our Website after any such changes constitutes your acceptance of the new Terms.
3. Use of Website
You agree to use our Website for lawful purposes only. You must not use our Website in any way that breaches any applicable local, national, or international law or regulation.
4. Intellectual Property
All content on our Website, including text, graphics, logos, images, and software, is the property of elswimwear or its content suppliers and is protected by international copyright laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent.
5. Products and Services
We sell swimwear designed for different body types. All products listed on our Website are subject to availability. We reserve the right to discontinue any product at any time. Prices for our products are subject to change without notice.
6. Orders and Payment
By placing an order through our Website, you agree to provide current, complete, and accurate purchase and account information. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed.
7. Shipping and Delivery
We will ship products to the address you provide at the time of purchase. We are not responsible for any delays or damages that occur during shipping. Delivery times may vary depending on your location.
8. Returns and Refunds
We accept returns and provide refunds for products in accordance with our Return Policy, which is available on our Website. Please review our Return Policy before making any purchase.
9. Limitation of Liability
To the fullest extent permitted by law, elswimwear shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Website; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from our Website; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Website by any third party; or (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Website.
10. Indemnification
You agree to indemnify, defend, and hold harmless elswimwear and our 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
11. Governing Law
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Philippines.
12. Privacy Policy
Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy for information on how we collect, use, and protect your personal information.
13. User Accounts
To access certain features of our Website, you may be required to create an account. You agree to provide accurate and complete information when creating your account and to update your information as necessary. You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account.
14. Prohibited Conduct
You agree not to engage in any of the following prohibited activities:
- Violating any applicable laws or regulations.
- Infringing the intellectual property rights of others.
- Using our Website to distribute spam or other unsolicited messages.
- Using our Website to transmit any harmful or malicious code, such as viruses or malware.
- Engaging in any conduct that could damage, disable, overburden, or impair our Website.
- Attempting to gain unauthorized access to our Website or any systems or networks connected to our Website.
15. Termination
We reserve the right to terminate or suspend your access to our Website, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use our Website will immediately cease.
16. Disclaimer of Warranties
Our Website and all products and services provided through our Website are provided “as is” and “as available” without any warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our Website will be uninterrupted, error-free, or free of viruses or other harmful components.
17. Dispute Resolution
Any disputes arising out of or relating to these Terms or your use of our Website shall be resolved through binding arbitration in accordance with the rules of the Philippine Dispute Resolution Center. The arbitration shall be conducted in Cebu City, Philippines, and the arbitrator’s decision shall be enforceable in any court of competent jurisdiction.
18. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will continue in full force and effect.
19. Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on our Website, constitute the entire agreement between you and elswimwear regarding your use of our Website and supersede all prior agreements and understandings, whether written or oral, regarding such subject matter.
20. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
21. Contact Us
If you have any questions about these Terms, please contact us at:
- Email: [email protected]
- Address: Labangon, Cebu City
By using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
Please review these terms regularly as they are subject to change. Thank you for visiting elswimwear.com!