Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Swimiva. The terms “we”, “us” and “our” refer to CWTCHY CWTCHY LTD, trading as Swimiva. Swimiva operates the website swimiva.com, including all related information, content, features, tools, products and services, in order to provide customers with a curated online shopping experience.
Swimiva is powered by Shopify, which enables us to provide our online store and related services.
These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you access or use our website, purchase products from us, or interact with our services.
By visiting, browsing, interacting with, or purchasing from swimiva.com, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service or our Privacy Policy, you should not use or access our website or services.
Our business details are:
CWTCHY CWTCHY LTD
Company Number: 07662263
Trading Name: Swimiva
Website: swimiva.com
Email: support@swimavi.com
Address: 56 York Place, Newport, WLS NP20 4GD, United Kingdom
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your country, state, or province of residence, or that you are the age of majority and have given consent for any minor dependents to use this website.
To use our website or purchase products from Swimiva, you may be asked to provide certain information, including your name, email address, billing address, shipping address, payment information, and contact details. You confirm that all information you provide is accurate, current, complete, and that you have the legal right to provide it.
You are responsible for maintaining the confidentiality of your account details and for all activities that occur under your account. You must not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We make every reasonable effort to display our products accurately on our website. However, product colors, appearance, size perception, and details may vary depending on your device, screen settings, lighting, browser, or other display conditions.
We do not guarantee that the appearance, quality, color, or finish of any product purchased from Swimiva will exactly match the images shown on our website.
Product descriptions, images, prices, availability, and specifications may be changed at any time without notice. We reserve the right to modify, discontinue, or limit the quantity of any product at any time.
SECTION 3 - ORDERS
When you place an order through swimiva.com, you are making an offer to purchase the selected products. Swimiva reserves the right to accept or decline any order for any reason, including but not limited to product availability, suspected fraud, incorrect pricing, payment issues, delivery restrictions, or errors in product information.
Your order is not accepted until we confirm acceptance and process your payment. After an order has been accepted, we may be unable to cancel or modify it.
If we cancel, change, or are unable to accept your order, we will attempt to contact you using the email address, billing address, shipping address, or phone number provided at checkout.
Purchases are subject to our Refund Policy, available on swimiva.com.
You confirm that purchases made through Swimiva are for personal or household use only and not for commercial resale or unauthorized export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, promotions, and availability are subject to change without notice. The price charged for a product will be the price displayed at the time your order is placed and confirmed in your order confirmation email.
Unless clearly stated otherwise, prices may not include taxes, duties, customs fees, shipping fees, handling fees, or import charges. You are responsible for any applicable taxes, customs duties, or import fees required by your country or delivery location.
We may offer promotions, discounts, or special offers from time to time. These promotions may be governed by separate terms. If there is a conflict between promotion terms and these Terms of Service, the promotion terms will apply only to that promotion.
You agree to provide current, complete, and accurate billing, payment, shipping, and account information for all purchases. You agree to promptly update your information so we can process transactions and contact you when needed.
You confirm that any payment method used by you is authorized, valid, and that you are permitted to use it. You agree to pay all charges incurred at the prices displayed, including any applicable taxes, shipping, and handling fees.
SECTION 5 - SHIPPING AND DELIVERY
Shipping and delivery times shown on our website are estimates only and are not guaranteed. Delivery times may vary depending on your location, product availability, customs processing, shipping carrier delays, weather, holidays, or other events outside our control.
Swimiva is not responsible for delays caused by shipping carriers, customs authorities, incorrect customer information, failed delivery attempts, or events outside our reasonable control.
Once an order is handed to the shipping carrier, risk of loss may pass to the customer to the extent permitted by applicable law. If your package is delayed, lost, or damaged in transit, contact us at support@swimavi.com and we will review the issue according to our shipping and refund policies.
SECTION 6 - INTELLECTUAL PROPERTY
All content on swimiva.com, including but not limited to trademarks, brand names, logos, product names, text, images, graphics, icons, videos, audio, product reviews, page design, layout, and other materials, is owned by Swimiva, CWTCHY CWTCHY LTD, its affiliates, licensors, or content providers.
You may use our website for personal, non-commercial purposes only. You must not copy, reproduce, modify, publish, distribute, display, sell, license, exploit, or create derivative works from any part of our website or content without our prior written permission.
Swimiva names, logos, product names, designs, and slogans are trademarks or branding assets of Swimiva or its licensors. You must not use them without prior written permission.
Shopify’s name, logo, product names, and service names are trademarks of Shopify. All other trademarks appearing on our website belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools or features that we do not monitor, control, or manage.
You acknowledge that access to third-party tools is provided “as is” and “as available” without warranties, representations, or conditions of any kind. We are not responsible for your use of third-party tools.
Your use of optional third-party tools is entirely at your own risk. You should review and understand the terms provided by the relevant third-party provider before using such tools.
Any new features, tools, or resources added to our website in the future will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our website may contain links to third-party websites, apps, services, or resources. These links are provided for convenience only.
We are not responsible for reviewing, controlling, or guaranteeing the accuracy, content, policies, products, services, or practices of third-party websites.
If you access third-party websites or purchase products or services from third parties, you do so at your own risk. Complaints, claims, concerns, or questions about third-party products or services should be directed to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Swimiva is powered by Shopify, which enables us to operate our online store and provide our services. However, any purchases made through swimiva.com are made directly with CWTCHY CWTCHY LTD, trading as Swimiva.
By using our website and services, you acknowledge that Shopify is not responsible for any aspect of sales between you and Swimiva, including any injury, damage, loss, product issue, order issue, refund issue, or dispute related to products purchased from Swimiva.
You release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with Swimiva.
SECTION 10 - PRIVACY POLICY
All personal information collected through our website is handled according to our Privacy Policy, available on swimiva.com.
Because our store is powered by Shopify, Shopify may also collect and process certain personal information related to your access to and use of our website in order to provide and improve the services.
Information you submit to Swimiva may be shared with Shopify, payment providers, shipping providers, service providers, and other partners where necessary to process orders, deliver products, provide customer support, prevent fraud, and operate our business.
By using our website, you acknowledge that you have read and understood our Privacy Policy.
SECTION 11 - FEEDBACK, REVIEWS, AND USER CONTENT
If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, images, videos, comments, proposals, or other content to Swimiva, you grant us a worldwide, perpetual, royalty-free, sublicensable license to use, reproduce, modify, publish, display, distribute, and promote that content in any medium for business, marketing, operational, or commercial purposes.
You confirm that you own or have the necessary rights to submit such content and that your content does not violate the rights of any third party.
You agree that any feedback, review, or content you submit must not be false, misleading, unlawful, abusive, defamatory, obscene, offensive, harmful, or infringe any copyright, trademark, privacy, or other rights.
We may monitor, edit, refuse, or remove user content at our discretion, but we are not obligated to do so.
You are solely responsible for any content you submit and its accuracy. Swimiva is not responsible for user content posted by customers or third parties.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, shipping charges, delivery estimates, availability, or other information.
We reserve the right to correct errors, inaccuracies, or omissions and to change, update, or cancel orders if any information is inaccurate at any time, including after an order has been submitted.
We are not obligated to update, amend, or clarify information except as required by law.
SECTION 13 - PROHIBITED USES
You may use our website and services for lawful purposes only.
You must not use our website or services to violate any applicable law or regulation, infringe intellectual property rights, submit false or misleading information, harass or harm any person, upload harmful code, spam, phish, scrape, collect information without permission, interfere with website security, impersonate another person, make unauthorized commercial use of our content, use bots or automated tools without permission, or bypass access restrictions.
We reserve the right to suspend, disable, restrict, or terminate access to our website or services if we believe you have violated these Terms of Service.
SECTION 14 - AGENTS AND AUTOMATED ACCESS
This section applies if you use, allow, enable, or cause the use of any software, service, bot, crawler, scraper, AI tool, or automated system to access, use, or interact with our website or services.
Automated systems may not access or interact with our website unless they identify themselves clearly and comply with all applicable technical and legal requirements.
Automated systems must not conceal their identity, mimic human behavior, bypass CAPTCHAs, avoid security measures, scrape restricted content, or interfere with our website.
We reserve the right to block, restrict, or limit automated access at any time.
SECTION 15 - TERMINATION
We may terminate, suspend, or restrict your access to our website or services at any time if we believe you have violated these Terms of Service or applicable law.
You remain responsible for all amounts due up to and including the date of termination.
Sections relating to intellectual property, feedback, termination, disclaimers, limitation of liability, indemnification, severability, waiver, entire agreement, assignment, governing law, privacy, and any other provisions that should reasonably survive termination will continue to apply after termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
Our website, services, and products are provided to the fullest extent permitted by law on an “as is” and “as available” basis.
We do not guarantee that your use of our website will be uninterrupted, secure, timely, error-free, or that defects will be corrected.
We do not warrant that the information on our website is complete, accurate, reliable, current, or error-free.
Except where expressly stated by Swimiva, we disclaim all warranties, representations, and conditions of any kind, whether express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Some jurisdictions do not allow limitations on implied warranties, so some parts of this section may not apply to you.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Swimiva, CWTCHY CWTCHY LTD, Shopify, and our directors, officers, employees, affiliates, agents, contractors, service providers, suppliers, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, product misuse, service interruption, or similar damages arising from your use of our website, services, or products purchased from us.
This limitation applies whether the claim is based in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow limitations of liability for certain damages, so some parts of this section may not apply to you.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Swimiva, CWTCHY CWTCHY LTD, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, service providers, and suppliers from any losses, damages, liabilities, claims, or expenses, including reasonable legal fees, arising from your breach of these Terms of Service, violation of any law, violation of third-party rights, misuse of our website, services, or products, or submission of false, misleading, or unlawful content.
We may control the defense and settlement of any claim subject to indemnification. You agree to cooperate with us in defending such claims.
SECTION 19 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the unenforceable portion will be considered severed from these Terms.
The remaining provisions will remain valid and enforceable.
SECTION 20 - WAIVER AND ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service, together with our policies and any rules posted on our website, form the entire agreement between you and Swimiva regarding your use of our website and services.
These Terms replace any prior or current agreements, communications, or proposals, whether oral or written, between you and Swimiva.
Any ambiguity in these Terms will not be interpreted against the drafting party.
SECTION 21 - ASSIGNMENT
You may not transfer, assign, or delegate these Terms of Service or your rights or obligations under them without our prior written consent.
We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice, to the extent permitted by law.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide services or products shall be governed by and interpreted in accordance with the laws of England and Wales.
Any disputes relating to these Terms, our website, our services, or purchases from Swimiva shall be subject to the jurisdiction of the courts of England and Wales, except where applicable consumer protection laws provide otherwise.
SECTION 23 - HEADINGS
The headings used in these Terms of Service are included for convenience only and do not limit or affect the meaning of the sections.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates on our website.
It is your responsibility to check this page periodically for changes. Your continued use of or access to our website after changes are posted constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at:
CWTCHY CWTCHY LTD
Trading Name: Swimiva
Company Number: 07662263
Website: swimiva.com
Email: support@swimavi.com
Address: 56 York Place, Newport, WLS NP20 4GD, United Kingdom