All references to "you" and "your" are deemed to refer to any user and/or visitor of www.swimparka.co.za ("Website"). These terms and conditions ("Terms and Conditions") govern 1) your use of the website; and 2) your use of the platform.
- These “Terms and Conditions” are important and should be carefully noted.
- These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (“the CPA”).
- If you do not understand these Terms and Conditions, it is your responsibility to ask a representative of Swim Parka to explain them to you before you accept them and/or continue using the Website.
- These Website Terms and Conditions govern the sale of Products (as outlined herein) and the use of the Website.
- By accessing or using any part of this site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the Website or use any service
- We reserve the right to update, change or replace any part of our 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.
- By agreeing to these Terms and Conditions, you represent that you are at least the age of majority. You may not use our products for any illegal or unauthorized purpose nor may you, violate any laws in your jurisdiction (including but not limited to copyright laws).
Registering, Guest Check Out & Using the Website
- Only Registered Users and/or Guests (Guest Check Out) may purchase Products on the Website.
- To register, you must provide a unique username and password as well as certain personal details and/or information to Swim Parka
- You acknowledge that you will only use your username and password to access the Website and to purchase “Products” and that you will not disclose your username and password to any third party.
- You agree to notify Swim Parka immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and that you will take the necessary steps to mitigate any resultant loss and/or damage.
- By using the Website you warrant that you are (18) years of age and/or older. If you are under the age of (18) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the supervision of your legal guardian and/or parent. If your legal guardian and/or parent give “their” consent, then “they” agree to be bound to these Terms and Conditions and the entirety of these Terms and Conditions;
- You may not use the Website to distribute any material, electronic or otherwise which is defamatory, offensive, contains or amounts to hate speech or is in anyway unlawful or harmful.
- You may not display, publish, copy, print, post or use the Website and/or the information contained herein without the express prior written consent of a Swim Parka Representative.
Ownership and Copyright
- The contents of the Website, including any material, information, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website are owned or licensed to Swim Parka and are protected by law, including but not limited to copyright and trade mark law.
- The Website Content is the property of the Swim Parka or its software suppliers and protected by South African and international copyright laws.
- Any use, distribution or reproduction of the Website Content is prohibited without the express prior written consent of a Swim Parka Representative.
- Where any of the Website Content has been licensed to Swim Parka or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
- The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website. Swim Parka, its owners, shareholders, directors, employees and/or agents, disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content herein unless otherwise provided by law.
- Any views or statements made or expressed on the Website are not necessarily the views of Swim Parka, its owners, shareholders, directors, employees and/or agents. Swim Parka does not accept any responsibility for any errors or omissions on this Website.
- Whilst Swim Parka takes reasonable measures to ensure that the content of the Website is accurate and complete, it makes no representations or warranties, whether express or implied, as to the quality, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
- In addition to the disclaimers contained elsewhere in these Terms and Conditions, Swim Parka also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans or any other data which is able to corrupt, destroy, compromise, disrupt, disable, harm and/or jeopardise your computer system, computer network, hardware or software in any way.
Limitation of Liability
- Neither Swim Parka nor its owners, shareholders, directors, employees and/or agents shall be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the content contained in the Website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.
- You hereby indemnify Swim Parka its owners, shareholders, directors, employees and/or agents against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Website and/or any linked third party website.
- Swim Parka will take reasonable measures to protect your privacy, and as outlined herein;
- If you register as a Registered User and/or Guests (Guest Check Out) on the Website, we may require you to provide us with personal information which includes but is not limited to your;
Name and Surname
Date of Birth
Cell Phone Number
- Should your personal information change, you are required to inform us and provide us with your changes to/ and/or new personal information as soon as reasonably possible to enable us to update your personal information accordingly.
- You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. Swim Parka will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is required;
- in order to comply with applicable law, order of court or legal process served on Swim Parka; and/or
- to protect and defend the rights or property of Swim Parka
- We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us to interact with you via our Website or email, for the sale of “Products” or when delivering “Products” to you, and thus need to know your personal information in order to communicate with you. We will ensure that all such employees and/or third party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations.
- We will treat your personal information as strictly confidential and take the appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected.
- We will promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information.
- Swim Parka undertakes never to sell or make your personal information to any third party unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Swim Parka reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure.
- All personal information provided by you will be treated in accordance with (a) the Data Protection Directive 95/46/EC and ePrivacy Directive 2002/58/EC as implemented by countries within the EEA, (b) from 25 May 2018, the General Data Protection Regulation, and/or (c) other laws that are similar, equivalent to or that are intended to implement, amend, or replace, the laws that are identified in (a) and (b) above (the “Data Protection Legislation”). Personal data is information which directly or indirectly identifies you. We at Swim Parka are committed to processing your personal data in accordance with EU data protection laws. For the purposes of EU data protection laws, Swim Parka is the data controller. It may be necessary for you to give us personal data so that we can provide you with the requested products and services, fulfil any contractual relationship with you, inform you of our services, comply with applicable laws, regulations and/or codes of practice and for the other purposes as set out in this notice where in our legitimate interests.
- By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor) local currency.
Changes to these Terms and Conditions
- Swim Parka may, in its sole discretion, change the Terms and Conditions or any part thereof at any time and notice of such change in the Terms and Conditions will be provided to you, either via email and/will be displayed on the Website. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such updated or amended “Terms and Conditions” have been displayed on the Website, you will be deemed to have accepted such updates or amendments.
Terms and Conditions of Sale
- Registered Users and/or Guests (Guest Check Out) may place orders for Products as long as the Products are available and have not been sold out.
- An agreement of sale between you and Swim Parka will come into effect upon completion of payment or payment authorisation being received by Swim Parka and by delivery of the “Products” to you.
- Whilst Swim Parka will take all reasonable efforts to monitor stock levels, we cannot guarantee the availability of stock and we will only be liable for delivery of the Products when the Products are available.
- Payment can be made for Products through and/or via;
Credit Card; and
- Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts.
- Direct bank deposit or EFT; if you pay via direct bank deposit or EFT payment must be made within (5) calendar days of the order being placed.
- Once you accept these “Terms and Conditions”, you will be directed to a link to a secure site for payment of the applicable purchase price for the “Products”.
Delivery of Goods
- Purchased Products will be dispatched and/or shipped as soon as reasonably possible after Swim Parka receiving receipt of payment and/or payment confirmation but no later than within 30 days of receipt of your payment ("Delivery Period"). We will notify you if we are unable to deliver the Goods during the Delivery Period.
- Delivery times will vary in accordance with the geographical location of each Registered User and/or Guest (Guest Check Out).
- While we strive to give our customers the ultimate shopping experience, at affordable rates. The delivery method is by means of a Swim Parka preferred courier service, and orders will need to be signed for by the person whom paid for, purchased, and/or completed the registration prior to ordering and in accordance with the relevant and applicable laws.
- It is the customer’s responsibility to make sure that they sign for their delivery once it has reached their shipping address, and as stipulated by the customer on completing the order. Swim Parka will not be held responsible for deliveries that are not signed for by Registered Users and/or Guests (Guest Check Out).
Cancellation and Refund
- You are entitled to cancel, without reason and without penalty, your order for the Products within (7) days of receipt of the “Products” in terms of section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act“). In such an instance you:
- Agreement of sale will be deemed to have been cancelled;
- Will receive a full refund of the purchase price within (30) days of the date of your cancellation of the order;
- Undertake not to utilise the Products; and
- You will be liable in terms of section 44(2) of the ECT Act for the direct costs of returning the Products, such as courier and/or shipping charges.
- If any party ("Defaulting Party") breaches any of these terms and conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:
- any amounts that may be due to it in terms of this agreement; and
- any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.
Governing law and jurisdiction
- These Terms and Conditions and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
- Nothing in this clause (14) or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.