Terms of service

Welcome to the website of hswim.au

Using this Website indicates that you accept these terms and conditions together with our Privacy Policy. If you do not accept these terms and conditions, do not use this Website.

HSWIM cannot guarantee any data or program available for download on this website (or any linked website) is free of viruses or other spyware, and you agree that you assume the risk of any damage to your computer as a result of using this website.

1   INFORMATION ABOUT HSWIM

PO Box 268, Burleigh Town Qld 4220

Our email address is: info@hswim.au

ABN: can be provided if requested

2   SERVICE AVAILABILITY

Delivery is currently restricted to Australia & New Zealand only. 

3   YOUR STATUS 

By placing an order through our site, you warrant that:

  • You are legally capable of entering into binding contracts;
  • You are at least 16 years old; and,

4   HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

  • After placing an order, you will receive an e-mail from us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to availability and acceptance by us, and We will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when We send you the Dispatch Confirmation.
  • We will not process your order until payment has been received in full in.
  • If you make a mistake with your order, you may be able to correct any mistakes made by email prior to your order being processed. If your order has already been processed you will be unable to amend your order. If your order has already been dispatched, please return the Products to us in accordance with our Refund and Returns Policy.
  • The Contract will relate only to those Products whose dispatch We have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
  • We are entitled to refuse any order made by you for any reason.
  • When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.

  5   CONSUMER RIGHTS

You may cancel a Contract any time within 14 days. In this case, you will receive a full refund of the price paid for the Products in accordance with our Refund & Returns Policy

We will refund delivery charges you have paid for delivery of the Products to you, although the maximum refund for delivery charges will be the least expensive delivery method We offer to your delivery destination.

6   AVAILABILITY AND DELIVERY

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

If you wish to dispute delivery of your order, you have 28 days starting from the day that the tracking status for your order is updated by the carrier as fulfilled (i.e. updated as delivered to the address set out in the Dispatch Confirmation). We reserve the right to request evidence, before issuing any refund of the price paid and/or any associated delivery costs.

HSWIM uses its best endeavours to ensure products ordered are available for delivery, and in most cases will notify you where a product is unavailable prior to completing your order. However you acknowledge that in some cases this is not possible and HSWIM may need to reject an order you have placed for a product that is actually unavailable for delivery. In such cases HSWIM will refund in full all amounts you paid in respect of such unavailable product. HSWIM cannot provide rainchecks for products ordered online.

7   PRICE AND PAYMENT

  • The price payable for the Products shall be as shown on the Website. Delivery charges are shown separately when ordering and must also be paid in advance.
  • Payment shall be made by you by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the order.
  • Prices are subject to change without notice but changes will not affect orders which We have already accepted.
  • We are under no obligation to provide the Product to you at the incorrect (lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing.
  • Payment for all Products must be by credit or debit card. We accept payment with Visa, Visa Debit, Mastercard. We also accept payments via PayPal.
  • HSWIM may vary the prices on this website at any time, and prices are subject to change until you have paid for the products in full.

8   OUR REFUND AND REFUNDS POLICY

For details on refunds, please refer to our Refund Policy.

9   OUR LIABILITY

  • If We do not deliver or if the Products We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
    • make good any shortage or non-delivery or incorrect delivery; or
    • replace or repair any Products that are damaged or defective; or
    • refund to you the amount paid by you for the Products in question.

If you discover that your Product is faulty after 14 days We reserve the right to request evidence, such as images of the defect, before issuing any refund of the price and/or any associated delivery charges.

  • We shall have no liability to you for any consequential, special or indirect losses including without limit loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
  • Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the Products.

10   INDEMNITY

You agree to indemnify, defend and hold harmless hswim.au, 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, without limitation, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.

11   WRITTEN COMMUNICATIONS

When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12  NOTICES

All notices given by you to us must be given to us at info@hswim.au. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

13   TRANSFER OF RIGHTS AND OBLIGATIONS

  • The contract between you and us is binding on you and us and on our respective successors and assigns.
  • You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
  • We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

14   WAIVER

  • If We fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
  • A waiver by us of any default shall not constitute a waiver of any subsequent default.
  • No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.

15   ENTIRE AGREEMENT

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 the 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.

16   OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

HSWIM reserves the right to change this site and these terms and conditions at any time. This is to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or for any other reason in our sole discretion which We may decide.

  • You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if We notify you of the change to those policies or these terms and conditions before We send you the Dispatch Confirmation (in which case We have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

17   QUESTIONS?

  • Questions, comments or requests regarding these terms and conditions or our products should be addressed to info@hswim.au