Terms & Conditions
TERMS & CONDITIONS
We may make changes, so please check regularly for updates.
All prices displayed throughout this site are AUD$ Australian Dollars unless otherwise specifically stated.
TERMS OF SALE
You will be required to provide the following before making a purchase:
- Your personal details
- Your payment details that are both valid and correct
- Confirmation that you are the person referred to in the Billing information provided.
- By placing an order through our Site, you warrant that you are at least 18 years old or have permission from a parent or guardian and you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks.
- All orders are subject to acceptance and availability; ZEALOUS SWIMWEAR retains the right to refuse any request made by you.
All returns processed are subject to our return & exchange policy.
INTELLECTUAL PROPERTY RIGHTS
This Site and it’s contents are protected by intellectual property rights. This includes copyright, trademark, designs, third party trademarks and all other intellectual property and material rights relating to the content of the Site. Unless you are permitted by us, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, in whole or in part.
In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Zealous Swimwear tries to ensure that the information on this site is accurate and complete. Zealous Swimwear does not promise that Zealous Swimwear’s Content is accurate or error-free. Zealous Swimwear does not promise that the functional aspects of the Site or Zealous Swimwear Content will be error free or that this Site, Zealous Swimwear Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed. Opinions expressed in interviews and by contributors are the personal opinions of the authors and do not reflect the views of Zealous Swimwear. By contributing you agree to be solely responsible for the content of all information you contribute. You also grant to Zealous Swimwear a right to use any content you provide for its own purposes including republication in any form or media. This site is available to the public, information you consider confidential should not be contributed to this site. The personal opinions of any third parties with whom we are associated are their own and do not necessarily reflect the views of Zealous Swimwear and we accept no responsibility for any such views expressed in any media.
Zealous Swimwear cannot guarantee that any file or program available for download and/or execution from or via this site is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this site, and you release Zealous Swimwear entirely of all responsibility for any consequences of its use.
THIRD PARTY ASSOCIATION
The Site provides links to other websites, resources and promotions or advertisers and merchants. ZEALOUS SWIMWEAR has not reviewed all Site links and you acknowledge that we are not responsible for such external sites or third party resources, we do not endorse and are not liable for any content, advertising, products, services or dealings you may have with a third party, nor shall we be deemed to be acting as an agent for you in any such dealings.
LINKS TO OTHER SITES
Zealous Swimwear is not responsible for the privacy practices of sites that are linked to this site via hyperlinks or otherwise.
ORDER & CUSTOMER REGISTRATION
To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address firstname.lastname@example.org. We may also change registration requirements from time to time.
The account password you provide should be unique and kept secure, and you must notify Zealous Swimwear immediately of any breach of security or unauthorised use of your account.
Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or cancel your order and notify you of such cancellation.
CURRENCIES & EXCHANGE RATES
Product prices for the entire Zealous Swimwear range are displayed in AUD$ Australian Dollars. If you are purchasing in a currency different to your credit/ debit card, please note that it is common practice for banks and credit card providers to have different selling and buying exchange rates for currency and your card issuer may choose to charge you a foreign exchange transaction fee. We do not accept responsibility for charges or differing rates of currency exchange or fees levied by a customer's bank or credit card provider.
TAXES & DUTIES
Prices when shown on the site in are inclusive of Australian GST (Goods and Services Tax) at the applicable rate unless you shipping to another country where GST is not chargeable.
Shipments to the USA under a USD$200 threshold are exempt from duties and taxes.
All customers buying from outside of Australia should note that any import duty or tax costs are not included in the purchase price. We recommend you contact your local customs authority to determine a landed cost price prior to your purchase completion.
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
Account discount codes - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
The conditions of use relating to any discount code will be specified at the time of issue.
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Zealous Swimwear and its suppliers and content providers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Zealous Swimwear liability for death or personal injury arising from its negligence, or for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
LINKING TO THIS WEBSITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
As to ownership of trademarks, images of personalities and third party copyright; except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Zealous Swimwear and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Zealous Swimwear.
You agree to indemnify, defend and hold harmless Zealous Swimwear, 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 your use this Website or your breach of the Terms of Service.
These Terms constitute the entire agreement between you and us. Any failure by us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The laws of Australia shall govern these Terms and the relationship between you and us and the Australian courts shall have non-exclusive jurisdiction over any dispute. We reserve the right to vary these Terms from time to time, such variations becoming effective immediately upon posting to the Site and by continuing to use it, you will be deemed to accept any such variations.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
ETHICAL SOURCING POLICY
Zealous Swimwear prides itself on sourcing suppliers that operate ethically. We know that our hand picked suppliers consistently provide an environment which protects their employees' health and safety and we pay particular attention to the following areas:
- Minimum age of employment
- Freely chosen employment
- Health and safety
- Freedom of association and the right to collective bargaining
- No discrimination
- No harsh or inhumane treatment
- No extensive working hours
- Good rates of pay
- Terms of employment
ERRORS AND OMISSIONS
In the case of errors or omissions on the website Zealous Swimwear reserve the right to refund your order prior to the goods being dispatched.
Zealous Swimwear reserves the right to cancel any order if the product is no longer available. No compensation will be paid in such cases but customers will be notified and reimbursed for the full cost of the order.
Every care has been taken to ensure that the descriptions and specifications of Zealous Swimwear products are correct. The colours shown on the website are a close representation, but slight variations in the actual product colours may occur due to different screen resolutions and browsers.
ZEALOUS SWIMWEAR is registered legal entity
The Zealous logo is a registered Trademark of ZEALOUS SWIMWEAR
Australian Business Number: 32 429 434 634