Terms & Conditions

TERMS AND CONDITIONS:

SALE TERMS & CONDITIONS
**SALE tagged (SALE corner IMAGE) items are FINAL SALE cannot be returned or exchanged** 

Shipment during promotional and busy periods may take 15-20 business days, plus Australia Post shipping time.

About this website

Website Owner is K&G Enterprises Pty Ltd trading as INFAMOUS SWIM (ABN: 39 621 829 230) (” INFAMOUS SWIM “) (Domain name = http://www.INFAMOUSSWIM.com the “website”)

About these terms of use

These website terms of use (“terms of use”) and the associated Privacy Statement (“privacy policy”) govern your access to and use of the website. You should read these terms of use and the privacy policy carefully before using this website.

Your access/use implies agreement

The website is available for your use only on condition that you agree to these terms of use. By accessing/using the website, you are signifying that you agree to be bound by these terms.

Modifications to the Terms

INFAMOUS SWIM may revise and update these terms of use at any time. Your continued usage of the website after any changes to these terms of use will mean you accept those changes.

Modifications to the information

INFAMOUS SWIM does not warrant the accuracy, adequacy or completeness of the material on this website. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of INFAMOUS SWIM.

Errors and problems

INFAMOUS SWIM does not guarantee that the website will be free from viruses, or that access to the website will be uninterrupted.

License and Ownership

The copyright for the content on this website is owned or licensed by INFAMOUS SWIM and is protected under the Copyright Act 1968 (Cth) and by other copyright laws in both Australia and other countries. No material on this website may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of INFAMOUS SWIM.

All custom graphics, icons, and other items that appear on the website and all associated trademarks are trademarks of INFAMOUS SWIM.

INFAMOUS SWIM Privacy Policy

The INFAMOUS SWIM privacy policy governs the use of information collected from or provided by you at the website. A policy statement prepared by INFAMOUS SWIM for the purposes of being made available to customers and the general public declaring the company’s commitment to the Privacy Act 1988 (Cth) (hereinafter the “Privacy Act”) for a company required to comply is available at http://www.yourwebsite.com.au/privacypolicy.

Feedback, suggestions, comments or requests

INFAMOUS SWIM does not encourage you to make feedback, suggestions, comments or requests (“comments”) but these comments may be made to info@INFAMOUS SWIM.com and if you do make comments, you acknowledge that: they will not be considered confidential or proprietary, and INFAMOUS SWIM is under no obligation to keep such information confidential, and INFAMOUS SWIM will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.

Outbound links

The website may contain links to third-party websites and resources (“linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by INFAMOUS SWIM. INFAMOUS SWIM makes no representations or warranties regarding the availability, correctness, accuracy, performance or quality of the linked site or any content, software, service or application found at any linked site. INFAMOUS SWIM may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third-party website from the INFAMOUS SWIM website.

Inbound links

INFAMOUS SWIM generally encourages and agrees to your linking to the Home page through a plain text link on your website without the need for agreement between yourself and INFAMOUS SWIM. However, linking to any other page of the website is strictly prohibited, without express written permission from INFAMOUS SWIM.

Jurisdiction

The Australian section is provided for use only by Australian residents. The law applicable to use of the Australian section and to disputes arising out of the Australian section is the law of the State of New South Wales and The International Section is provided for use by residents of any country in the world but, to the fullest extent permitted by law, the law applicable to use of the International Section and to disputes arising out of the International Section is the laws of the State of New South Wales, Australia.

Disclaimer of Warranties

INFAMOUS SWIM makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.

Limitation of Liability

If INFAMOUS SWIM is found responsible for any damages, INFAMOUS SWIM is responsible for actual damages only. In no event shall INFAMOUS SWIM, be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website.

General Conditions of Sale

The following Conditions of Sale shall apply to any product sold on this website. These Conditions of Sale constitute a complete and exclusive statement of the agreement and understanding between you and INFAMOUS SWIM with respect to the subject matter hereof.

  1. The goods delivered under this Agreement shall be of normal industrial quality unless herein specifically stated to the contrary. Any description of such goods has been given by way of identification only and the giving or use of such description shall not constitute any sale hereunder a sale by description.
  2. The products available on the website for sale under these Conditions of Sale are only available for sale to individuals who can make legally binding contracts. The products are not available to persons under the age of 18 years nor any other person legally prohibited from entering into a binding contract. By placing your order you are verifying to the INFAMOUS SWIM that you are able to make a legally binding contract.
  3. Your order is an offer by you to purchase a particular product for the price (including the delivery and other charges and taxes) specified on the website at the time of offer and shall be understood to be placed under these Conditions of Sale.
  4. These Conditions of Sale may change from time to time and you are required within reason to revisit these before placing your order to ensure that these Conditions of Sale have not changed.
  5. Although charges are not always incurred, assessment of duties and taxes will be based on the value of the order and the tax-free threshold, if it exists, for goods imported into the destination country. Payment of any duties and taxes is the responsibility of the recipient and these fees are collected at the time of delivery. More information can be obtained by contacting your local customs office.
  6. INFAMOUS SWIM reserves the right to accept or reject your offer for any reason, including, without limitation, an error in the product description or the price posted on the website, the availability of the product, or an error in your order. Your contract with INFAMOUS SWIM only comes into existence when INFAMOUS SWIM forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment and details of likely delivery.
  7. This contract shall be governed by and construed in accordance with the law in effect in the State of New South Wales and by entering into contract both parties are accepting the jurisdiction of the courts of the State of [insert Australian State here] in relation to any dispute between them.
  8. You shall inspect the goods immediately upon their arrival and shall within seven (14) days give notice to INFAMOUS SWIM if the goods are not in accordance with specified requirements. If you fail to give such notice, the goods shall be deemed to be in all respects in accordance with the specified requirements. No claim shall be recognised unless made in writing and received by INFAMOUS SWIM within seven (14) days after receipt of goods by you. The total amount of any claim shall not exceed the actual invoice value of the goods claimed to be faulty.
  9. Ownership and property in the goods supplied/delivered shall pass from INFAMOUS SWIM to you when INFAMOUS SWIM accepts your offer and assigns product in the INFAMOUS SWIM warehouse. Risk passes to you upon delivery to your warehouse or to an agreed delivery point.
  10. INFAMOUS SWIM shall not be responsible for non-delivery or delay in delivery of any goods caused by force majeure and you and INFAMOUS SWIM shall be excused from performance of their respective obligations when and to the extent such performance is delayed or prevented by force majeure. If your need for the goods is reduced or suspended as a result of force majeure, and notification is within a reasonable time of acceptance of the Order and prior to transfer of ownership, you shall be entitled to terminate the agreement. For the purpose of this commitment force majeure shall include but is not limited to natural disasters, civil disasters, political event, change of legal / political environment, business disruption, accidents, earthquake, flood, hurricane or typhoon, tornado, tsunami, volcanic eruption, wildfire/bushfire, landslide or avalanche, fire, flood, storm, earthquake, terrorist acts, revolt, war, financial markets disturbances, changes of regime or tax or regulatory authority, energy failure, external telecommunications failure, and/or failure of transport systems.
  11. You assume all risks and liabilities for consequences arising from the use of the goods whether singly or in combination with other goods and indemnify INFAMOUS SWIM in respect of any such use. INFAMOUS SWIM is not liable for any infringement of patent rights arising out of the use of such goods by you or your instructions, expressed or implied, and it is your responsibility  to ensure that the goods when used by you are not damaged and no liability will be accepted by INFAMOUS SWIM for the consequences of the use of damaged goods by you.
  12. Nothing in these Conditions of Sale is intended to exclude, restrict or modify any statutory obligation of INFAMOUS SWIM implied by the Goods Act, 1958.
  13. Sale/Offer prices cannot be backdated to prior purchases

Mobile Message Service Terms and Conditions

Last updated: 20th November 2021

The Infamous Swim mobile message service (the "Service") is operated by K&G Enterprises Pty Ltd ” , “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Infamous Swim’s SMS/text messaging service, you agree to receive recurring SMS/text messages with service-related messages, including updates, alerts, and information and promotions, specials, and other marketing offers from and on behalf of Infamous Swim via text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialling system or other technology.

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Infamous Swim. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Click the unsubscribe link in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Infamous Swim mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, email info@infamousswim.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honouring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice  https://infamousswim.com.au/pages/privacy-policy