Terms and Conditions
Protection of your Personal data and provision of rights to exercise control of said data is of high importance to Sommer Swim. We are open and transparent regarding all facets of how we gather, use, share and protect your personal data and have therein provided our Policy in detail.
1.1 INTERPRETATION ‘Privacy information’ means personal information and sensitive information. ‘Personal Data’ (‘Personal Information’) has the meaning given to that term in the GDPR Regulation+ and includes information that can identify an individual such as name, address and date of birth. ‘Controller’ means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law ‘Third party’ means a natural or legal person, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data ‘Sensitive information’ has the meaning given to that term in the GDPR Regulation+ and includes information relating to health or religion, racial or ethnic origin. ‘We’, ‘us’ and ‘our’ refer to Sommer Swim. +EU GDPR Website
1.4 INFORMATION USAGE Your information is used in many ways – depending on the type of information. The information is gathered to provide service, delivery and other forms of experience enhancement – such as sending you messages regarding new products, specials and competitions. → Online Purchase :: We will use your personal data to manage your online purchase, send you delivery status notifications and handle customer service related aspects. Your personal data will be used for identification, to validate your legal age for shopping online and to confirm your address with external partners such as shipping companies necessary to procure product delivery. → Direct Marketing :: Based on opt-in selections made by you, we will use your personal data to send marketing information, product ‘first look’ invitations, recommendations and general reminders such as abandoned cart/shopping bag reminders. → Competitions :: When you opt into competitions or as part of ongoing competition offers, we will process and use your personal data to identify you, contact you regarding the competition activity and to deliver and follow up after competition completion. → Customer Service :: Personal data will be used to manage your inquiry’s, handle complaints and/or product return matters. We may also contact using said your personal data in relation to any order issue. → Legal Matters :: We will use when required, your personal data to comply with legal obligations, court rulings and/or decisions from appropriate authorities. This includes to use your personal data to collect and verify accounting data to comply with bookkeeping rules. → Your Account :: We will use your personal data to create an account for the purpose of managing said data and to enable information related to orders, shopping history and the like be accessible by you. This also includes Contact and Payment data as explained elsewhere.
1.5 PERSONAL INFORMATION PROTECTION No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from unauthorized access, use, or disclosure we cannot absolutely guarantee the security of your personal information. In the event that we are required by law to inform you of any unauthorized access to your personal information we may notify you electronically, in writing, or by phone, if permitted to do so by law. Our website permits you to create an account. When you do you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should immediately notify us of any unauthorized use of your password or account.
1.7 WHAT ARE YOUR RIGHTS? The EU GDPR has specific rights which are available here: ‘Rights for Citizens’. For the purpose of our policy these are briefly explained. → Access :: You have the right to request information about the personal data we hold at any time. Upon receiving that your request we will provide you with all current personal data via e-mail. → Rectification :: You have the right to request rectification of your personal data if found incorrect, including the right to have incomplete personal data completed. If you have an account you can edit your personal data under your account page. We expect that you keep this personal data current. → Erasure :: You have the right to erase any personal data processed by Sommer Swim at any time except for the following situations: where you may have an open order, unsettled debt are suspect of service misuse or if you have made any purchase that requires us to information via legal bookkeeping rules. If you are unsure of your rights or need clarification regarding any aspect of the policy please contact our data controller via the following email address: firstname.lastname@example.org
1.9 INFORMATION and COUNTRIES OUTSIDE EUROPE Sommer Swim is an expanding company, as such we have numerous fulfilment centers which we may use for processing orders to meet our stringent delivery policies or product procurement requirements. Some or all of these countries may not therein be overseen by the European Commission’s decision of adequacy and therein not strictly comply. To facilitate our concern for your data, we shall where necessary still apply EU data protection clauses where possible.
1.10 PERSONAL INFORMATION STORAGE Sommer Swim will only retain your personal information for as long as you are a customer. If you no longer wish to be a customer and have the information removed from our systems, you can contact our data ‘controller’ at email@example.com and make the appropriate request. If reasonably necessary or required to meet legal or regulatory requirements, resolve disputes, prevent fraud and abuse, or enforce our Terms & Conditions, we may also keep hold of some or all of your information as required. This also pertains to the event you have requested to close your account or it is no longer needed to provide services to you as our customer. Additionally, we will keep your data for direct marketing until you withdraw your consent.
1.11 NON-PROVISION OF PERSONAL INFORMATION. For example, but without limitation, if you have a general inquiry about us, and/or our goods and services, we may be able to respond to your inquiry on an 'anonymous' basis. However, if personal information we request for the provision of our goods and/or services is not provided, or you provide the information 'anonymously', then we may be unable to provide said goods and/or services to you. Additionally, it may become necessary to verify your identify as part of the response to a request to access/edit personal information we hold about you. If we are unable to verify your identify, or you continue to engage with us in an 'anonymous', then we may be unable to complete your request.
Events outside Sommer Swim's control, which are not reasonably foreseeable, shall be considered force majeure, meaning that Sommer Swim is released from its obligations to fulfill contractual agreements. Example of such events are government action or omission, new or amended legislation, conflict, embargo, fire or flood, sabotage, accident, war, natural disasters, strikes or lack of delivery from suppliers. The force majeure also includes government decisions that affect the market negatively and products, for example, restrictions, warnings, ban, etc.
All products remain Sommer Swim's property until full payment is made. The price applicable is that set at the date on which you place your order. Shipping costs and payment fees are recognized before confirming the purchase. If you are under 18 years old you must have parents' permission to buy from Sommer Swim. All transfers conducted through Sommer Swim are handled and transacted through third party dedicated gateways to guarantee your protection. Card information is not stored and all card information is handled via SSL encryption means. Please read the terms & conditions for the payment gateway chosen for the transaction as they are responsible for the transactions made.
Please note that local charges (sales tax, customs duty) may occur, depending on your region and local customs duties. These charges are at the customers own expense.
ADDITIONAL INFORMATION Sommer Swim reserves the right to amend any information, including but not limited to prices, technical specifications, terms of purchase and product offerings without prior notice. At the event of when a product is sold out, Sommer Swim has the right to cancel the order and refund any amount paid in the best way. Sommer Swim shall also notify the customer of equivalent replacement products if available. Shopify is not responsible for any content, interactions or transfers made on Sommer Swim websites. Please direct all general Terms and Conditions enquiries to the following email address: firstname.lastname@example.org
TERMS AND CONDITIONS MONDAY SWIMWEAR. The terms and conditions set out below are to be applied to the use of this website. By using this website, you agree to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions, you may not use this website. In these terms and conditions, the expressions "we", "us" and "our" are a reference to 'Monday Swimwear' Changes to Terms and Conditions We reserve the right to alter and change these terms and conditions occasionally. Changes to the terms and conditions will be effective immediately upon publication on this website. Your continued use of the website following such publication will represent an agreement by you to be bound by the terms and conditions as amended. It is your responsibility to be aware of these terms and conditions as they may be altered. Disclaimer This website and its content are provided 'as is' and except to the extent required by law, without any warranties of any kind, whether express or implied, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement, to the fullest extent permitted by law. The information on the website is for general information purposes only and does not constitute as advice. We do not represent or warrant that the information and/or facilities contained in the website are accurate, complete or current, or that the website will be uninterrupted or error free, or that any defects in the website will be corrected or that the website or the server that makes the website available are free of viruses or any other harmful components. Except to the extent required by law, we do not make any warranties or representations regarding the use of the materials in the website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law. We reserve the right to suspend or withdraw the whole or any part of the website at any time without notice and without incurring any liability. This website may from time to time contain links to other websites or information provided by third parties. We make no warranties or representations about the accuracy or suitability of the information or links provided on this website, including information provided by third parties. You use the information and links at your own risk. We have no control over their individual content and make no representations or warranties as to any of the information appearing in relation to any linked websites. We do not recommend any products or services advertised on those websites. If you decide to access any third party website linked from our website, you do so at your own risk. Limitation of Liability Your use of the website is at your own risk. Where conditions and warranties implied by applicable law cannot be excluded, we limit our liability where and to the extent we are entitled to do so. Otherwise, neither we, nor any of our affiliates, officers or directors nor any of our agents or any other party involved in creating, producing or delivering the website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the materials on the website, including damages caused by viruses or any incorrectness or incompleteness of the information on the website, or the performance of the products, even if we have been advised of the possibility of any such damages. Your Obligations You must ensure that your access to this website is not illegal or prohibited by laws which apply to you. You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of this website or any linked website. You must not misuse our system or this website. Specifically, you must not hack into, circumvent security or otherwise disrupt the operation of our website. Furthermore, you must not undertake any activity which will place an unreasonable burden on our systems. You agree to indemnify us and our respective officers, employees and agents against all actions, claims and demands which may be instituted against us arising out of your failure to comply with these terms and conditions. Intellectual Property All copyright featured or displayed on the website is owned by us. Except as may be otherwise indicated in specific areas within the website, you are authorised to view, play, print and download documents, audio and video found on the website for personal, informational, and non-commercial purposes only. Except as permitted by applicable copyright laws, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website. Except as authorised under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the website. For purposes of these terms, the use of any such material on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from material found on the website. In the event you download software (including but not limited to screensavers, icons, videos and wallpapers) from the website , the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. Except as permitted by applicable copyright laws, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. All of our trademarks, service marks and trade names used herein (including but not limited to the words marked "Monday Swimwear" are our trademarks or registered trademarks, unless stated otherwise. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without our prior written consent. The use of our trademarks on any other website or network computer environment, for example the storage or reproduction of (a part of) the website in any external internet website or the creation of links, hypertext, links or deep links between the website and any other internet website, is prohibited without our express written consent. Restricted Use Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a copy of any information contained on this website for your personal use, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on sell information obtained from this website.