Terms of service

TERMS AND CONDITIONS OF SERVICE

OVERVIEW

This website (hereinafter referred to as "the Site") is owned and operated by BWET Swimwear ("we", "us", or "our"). Your access to and use of the Site is subject to the following terms and conditions ("Terms of Service"), including any additional terms, conditions, policies, and notices referenced herein or made available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation, browsing users, vendors, customers, merchants, and contributors of content.

ACCEPTANCE OF TERMS

Please read these Terms of Service carefully before accessing or using the Site. By accessing or using any part of the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the Site or use any services provided. If these Terms of Service are considered an offer, your acceptance is expressly limited to these Terms of Service.

MODIFICATIONS TO TERMS OF SERVICE

We reserve the right to update, change, or replace any part of these Terms of Service at any time without prior notice. Any such modifications will be effective immediately upon posting on the Site. It is your responsibility to review these Terms of Service periodically for changes. Your continued use of or access to the Site following the posting of any modifications constitutes acceptance of those changes.

DESCRIPTION OF SERVICE

Our store is hosted on Shopify Inc., which provides us with an online e-commerce platform to sell our products and services to you. By visiting our Site and/or purchasing something from us, you engage in our "Service" and agree to comply with these Terms of Service.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law provisions.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. The validity and enforceability of the remaining provisions shall not be affected.

CONTACT INFORMATION

If you have any questions or concerns about these Terms of Service, please contact us at hello@bwet.com.
SECTION 1 - TERMS AND CONDITIONS FOR ONLINE STORE

By accepting these Terms of Service, you confirm and guarantee that you have reached the legal age of majority in your state or province of residence, or that you have reached the legal age of majority and have obtained the necessary consent for any minor dependents to access and utilize this site.

You shall not use our products for any unlawful or unauthorized purposes and shall not violate any applicable laws in your jurisdiction, including but not limited to copyright laws, in connection with your use of the Service. Additionally, you are expressly prohibited from transmitting any worms, viruses, or any other malicious code. Any breach or violation of these Terms will result in immediate termination of your access to the Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason, at any time. You acknowledge that your content (excluding credit card information) may be transmitted unencrypted and may be subjected to (a) transmission across various networks, and (b) modifications to meet the technical requirements of different networks or devices. While credit card information is always encrypted during transfer over networks, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, nor access the Service or any content on the website through which the service is provided, unless expressly permitted in writing by us. The headings used in this agreement are purely for convenience and do not limit or affect these Terms in any way.

SECTION 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We do not assume responsibility for the accuracy, completeness, or timeliness of the information provided on this site. The material presented on this site is for general informational purposes only and should not be solely relied upon as the basis for making decisions, without first consulting primary, more accurate, complete, or timely sources of information. Any reliance you place on the material on this site is at your own risk. This site may contain historical information that is not current and is provided solely for reference purposes. While we reserve the right to modify the contents of this site at any time, we are under no obligation to update any information on our site. You accept that it is your responsibility to monitor any changes to our site.
Section 4 - Modifications to the Service and Prices

Prices for our products are subject to change without prior notice. We retain the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notice. We shall not be held liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Section 5 - Products or Services (if applicable)

Certain products or services may be exclusively available online through the website. These products or services may have limited quantities and are subject to return or exchange solely as per our Return Policy. We have made every effort to accurately display the colors and images of our products available at the store. However, we cannot guarantee that your computer monitor will accurately reflect such displayed colors. We reserve the right, but are not obligated, to limit the sales of our products or services to any individual, geographic region, or jurisdiction. Such restrictions may be implemented on a case-by-case basis. Additionally, we reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without prior notice, at our sole discretion. Furthermore, we reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the Service will be rectified.

Section 6 - Accuracy of Billing and Account Information

We retain the right to refuse any order placed with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may extend to orders placed under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event of a change to or cancellation of an order, we will make reasonable efforts to notify you by contacting the email address and/or billing address/phone number provided at the time the order was made.

We also maintain the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. By agreeing to these Terms of Service, you confirm that you will provide current, complete, and accurate purchase and account information for all purchases made at our store. You also agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, to ensure the completion of your transactions and facilitate necessary communication with you. We recommend reviewing our Returns Policy for further details.

Section 7 - Optional Tools

We may grant you access to third-party tools that we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations, or conditions of any kind, without any endorsement. We shall not be held liable whatsoever for any issues arising from or related to your usage of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and it is your responsibility to familiarize and comply with the terms and conditions presented by the relevant third-party provider(s). We may also introduce new services and/or features through the website in the future, including the release of new tools and resources. Such additions shall also be subject to these Terms of Service.

Section 8 - Third-Party Links

Certain content, products, and services available via our Service may include materials from third parties. Third-party links present on this site may direct you to third-party websites that are not affiliated with us. We shall not be responsible for examining or evaluating the content or accuracy, nor do we warrant or assume any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services regarding third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. It is advisable to carefully review the policies and practices of third parties and ensure your understanding before engaging in any transaction. If you have any complaints, claims, concerns, or questions concerning third-party products, please direct them to the respective third party.

Section 9 - User Comments, Feedback, and Other Submissions

If we request specific submissions from you (such as contest entries), or if you voluntarily submit creative ideas, suggestions, proposals, plans, or other materials, whether online, via email, through postal mail, or in any other form (collectively referred to as "comments"), you agree that we may, at any time and without restrictions, edit, copy, publish, distribute, translate, or use in any medium whatsoever any comments that you forward to us.

We hold no obligation to (1) maintain any comments in confidence; (2) compensate you for any comments; or (3) respond to any comments. We reserve the right, although we have no obligation, to monitor, edit, or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or objectionable, or that violate any party's intellectual property rights or the terms outlined in these Terms of Service.

You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Furthermore, you agree that your comments will not contain libelous, unlawful, abusive, or obscene material, nor shall they contain any computer virus or other malware that could potentially affect the operation of the Service or any related website. You shall not utilize a false email address, pretend to be someone other than yourself, or mislead us or third parties regarding the origin of any comments. You hold sole responsibility for any comments you make and their accuracy. We assume no liability and undertake no obligation for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION

By submitting personal information through the store, you are bound by our Privacy Policy. Please review the designated section for our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES, AND OMISSIONS

At times, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions, such as product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or any related website is inaccurate, without prior notice (including after order submission). We are not obligated to update, amend, or clarify information in the Service or any related website, including pricing information, except as required by law. The absence of a specified update or refresh date in the Service or any related website should not be interpreted as indicating that all information in the Service or any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions outlined in the Terms of Service, you are strictly prohibited from using the site or its content for:

(a) Unlawful purposes;
(b) Soliciting others to perform or participate in unlawful acts;
(c) Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) Infringing upon or violating our intellectual property rights or the rights of others;
(e) Engaging in any form of harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) Submitting false or misleading information;
(g) Uploading or transmitting viruses or any other type of malicious code that may affect the functionality or operation of the Service or any related website, other websites, or the Internet;
(h) Collecting or tracking personal information of others;
(i) Engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;
(j) Any obscene or immoral purpose; or
(k) Interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet.

Violation of any of the prohibited uses may result in the termination of your use of the Service or any related website.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We make no guarantee, representation, or warranty that your use of our service will be uninterrupted, timely, secure, or error-free. Additionally, we do not warrant that the results obtained from the use of the service will be accurate or reliable. You agree that we may, from time to time, remove the service for indefinite periods or cancel the service at any time, without notice. You expressly acknowledge and agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided "as is" and "as available", unless otherwise expressly stated by us. We make no representations, warranties, or conditions of any kind, whether express or implied, including, but not limited to, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
Disclaimer: The following is a general, non-binding paraphrase of the original legal text. It is important to consult with a legal professional to ensure compliance with specific jurisdictional requirements.

By using our service or purchasing products through it, you accept that BWET Swimwear, along with its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, shall not be held liable for any injuries, losses, claims, or damages of any kind. This includes direct, indirect, incidental, punitive, special, or consequential damages such as lost profits, revenue, savings, data, or replacement costs. This limitation of liability extends to all claims arising from your use of our service or any products procured through it, regardless of whether they are based on contract, tort (including negligence), strict liability, or any other legal theory. We shall not be held responsible for any errors, omissions, or any loss or damage resulting from the use of our service or any content or product made available through it, even if we have been advised of the possibility of such damages. Please be aware that certain jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such cases, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION

By accepting these Terms of Service, you agree to indemnify, defend, and hold harmless BWET Swimwear, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective until terminated by either party. You have the right to terminate these Terms of Service at any time by providing notice of your intent to discontinue the use of our Services, or upon ceasing the use of our site.

In our sole discretion, if you fail, or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without prior notice. In such cases, you shall remain responsible for all outstanding amounts due up to and including the date of termination. Moreover, we may deny you access to our Services or any part thereof.

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not be deemed as a waiver of such right or provision.

These Terms of Service, along with any policies or operating rules published by us on this site or regarding the Service, constitute the complete agreement and understanding between you and us and govern your use of the Service, prevailing over any previous or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party responsible for the drafting.

SECTION 18 - GOVERNING LAW

These Terms of Service, as well as any separate agreements through which we provide you with Services, shall be governed by and construed in accordance with the laws of Hong Kong.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can always review the most up-to-date version of the Terms of Service on this page.

We reserve the exclusive right to update, modify, or replace any part of these Terms of Service by posting updates and revisions on our website. It is your responsibility to periodically check our website for any changes. By continuing to use or access our website or the Service after the posting of any changes to these Terms of Service, you accept and agree to the revised terms.

SECTION 20 - CONTACT INFORMATION

Please direct any inquiries about the Terms of Service to hello@bwet.com. Should you have any questions relevant to the Terms of Service, feel free to reach out to us.