Governing Law
These Terms and Conditions are governed by the laws of Australia.
Agreement to Terms
By accessing or purchasing from this website, you (“the customer”) acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
In these Terms and Conditions, the expressions “we”, “us”, and “our” refer to Swim With Flair, the owner of this website. The expression “you” refers to the customer.
Product Sizing
You acknowledge and agree that product sizes may vary from standard sizing and may run smaller than expected. It is your responsibility to refer to the size chart and the specific measurements provided on each product page before selecting your size and placing your order.
Please note that a variance of 2–3 cm in measurements is considered acceptable and does not constitute a defect. Such minor differences may occur due to manufacturing tolerances and fabric characteristics.
We will not be responsible for any errors made by you during the ordering process. Please refer to our [Refund and Returns Policy] for further information.
Payments
Our website accepts payments by the credit card types displayed, as well as Apple Pay and Google Pay. We are unable to process any other payment methods at this time. Orders will not be dispatched until payment has been successfully received and cleared.
All prices are listed in Australian Dollars (AUD). For customers outside Australia, please refer to our website’s currency converter for the most up-to-date exchange rates.
If you encounter any issues at the time of purchase or experience difficulty placing an order, please complete the form on our [Contact Page] so we can assist you.
Taxes, Fees, and Duties
Upon or after delivery, additional charges such as fees, duties, import/export taxes, excise taxes, or other assessments may be imposed by national, state, or local authorities. These charges are not included in the original shipping cost and must be paid by you in addition to the amounts stated on our website.
Swim With Flair will not reimburse you for these charges under any circumstances.
If you fail to pay the required fees, duties, taxes, or assessments and the items are returned to us, we will issue a refund for the returned products minus the return delivery costs and any applicable fees, duties, or taxes, once the products have been received by us.
If you are unsure whether you will be subject to additional charges, please contact your local customs office before placing your order.
Ordering Procedure
You may offer to purchase the products described on this website for the price specified on the product page.
Your order must include the following personal information: your name, email address, billing address, postal address, payment details, and any other information requested during the checkout process.
When you place an order, an email will be sent to you confirming receipt of your order and its details via an invoice. Acceptance of your order occurs when we dispatch the product to you, at which point a confirmation email will also be sent.
If payment is not successfully received by us, or if stock is unavailable, we reserve the right to cancel your order. In such cases, you will be notified immediately.
Delivery & Risk
Once your order has been shipped, we will provide you with tracking details. Risk of loss, damage, or theft passes to you once the carrier confirms delivery to the shipping address provided, including where you have authorised the carrier to leave the parcel unattended.
If tracking shows your parcel as delivered but you believe you have not received it, you must first contact the delivery carrier to lodge an investigation and request proof of delivery (including photos, GPS scan, or delivery notes). We will provide reasonable assistance, but we are not liable for parcels lost or stolen after confirmed delivery.
If you have misplaced your tracking number, we will happily re-send it to you along with your order details or delivery confirmation.
Promotional Codes
Promotional codes must be applied at the time of purchase and cannot be applied retroactively to past orders. Promotional codes are valid only within the specified time frame and cannot be used in conjunction with any other offer. Only one (1) promotional code may be applied per order.
Colour Matching
We make every effort to ensure that the colours of our garments shown on the website accurately reflect their real-life appearance. However, due to variations in display settings across devices, we cannot guarantee a 100% colour match.
Damage or Stains
Swim With Flair is not liable for any stains or damage to garments caused by self-inflicted misuse, including the application of tanning oils or sunscreens containing carotene oil.
Limitation of Liability
To the maximum extent permitted by law, Swim With Flair, its directors, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill arising out of or related to your use of this website, our products, or services.
Our total liability to you for any claim arising under these Terms and Conditions, whether in contract, tort (including negligence), or otherwise, will be limited to the total amount paid by you for the product(s) in question.
Nothing in these Terms and Conditions is intended to exclude or limit any rights you may have under the Australian Consumer Law or any other applicable legislation which cannot be excluded by law.
Intellectual Property
All content on this website, including but not limited to text, graphics, logos, images, product descriptions, and website design, is the intellectual property of Swim With Flair or is used by us under licence. This content is protected by copyright, trademark, and other intellectual property laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any content from this website without our prior written consent.
You may use this website and its content solely for personal, non-commercial purposes in connection with browsing or purchasing our products.
Agreements and Amendments
By placing an order with Swim With Flair, you agree to these Terms and Conditions and to our [Privacy Policy]
We reserve the right to update or amend these Terms and Conditions, as well as the content of this website, at any time and without prior notice. Any changes will be effective immediately upon posting on the website.
Need Help?
Please [Contact Us] if you have any questions regarding our Terms and Conditions.