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TERMS & CONDITIONS

By placing an order for our Products, you agree to be bound by these Terms. We reserve the right to vary these Terms by posting an updated version on this website from time to time.

PRE-ORDERS

You will be required to pay in full at the time you place your pre-order, however, your card will not be charged until your items arrive in stock. Expected delivery dates are subject to change and you will be notified should any unexpected delays occur.

CANCELLATION OF PRE-ORDERS

You may cancel your pre-order as long as the item has not been shipped. If the pre-order is in transit, returns are based on our standard return policy. To enquire about the possibility of cancellation of a pre-order please contact us by writing to info@thefoldswim.com

When pre-order item arrives in stock you will be notified via email. Your item will be shipped according to our standard shipping policy, and usually within 3 working days.

RETURN OF PRE-ORDERS

Our standard return policies apply to all pre-orders.

OTHER

ORDERS

You warrant that all information provided to us in respect of your order is correct.

DELIVERY

Any stated date for delivery is an estimate only. We will use our reasonable endeavours to meet any estimated delivery dates but will not be liable for any loss suffered by you or any third party as a result of any delay.

CANCELLATION BY THE FOLD

We reserve the right to cancel an order if a Product is not available for any reason. If we cancel an order, we will contact you and return any payment you have made. Refunds will be made by the same payment method used by you when placing your order.

CANCELLATION BY YOU

Unless we otherwise agree, no cancellation of an order or any part of it is binding on us once we have accepted your order. If you wish to enquire about the possibility of cancellation your order, please contact us by writing to info@thefoldswim.com

PRICING

Unless otherwise stated, the prices for Products listed on this website exclude delivery, GST and any other taxes or duties in relation to the Products. The total price payable by you (including GST and delivery) is the amount specified at the end of the order process.

PRODUCT DESCRIPTIONS AND SIZES

All photographs, size indications and descriptions of Products on this website are for guidance only. Slight variations in colour may occur.

PASSING OF PROPERTY

Until we receive full payment in cleared funds for all Products, title and property in the Products remain vested in us.

RISK AND INSURANCE

The risk in the Products and all insurance responsibility for theft, damage or otherwise will pass to you immediately on delivery.

WARRANTY AND LIABILITY

Except as otherwise provided by law, our maximum liability to you is the refund of the price of the Products or the replacement of the Products, at our sole discretion.   Unless otherwise required by law we will not be liable for any indirect or consequential losses suffered by you or any third party.

Nothing in these Terms restricts, limits or modifies your rights or remedies against us for failure of a statutory guarantee under the ACL, or is to be interpreted as excluding, restricting or modifying or having the effect of excluding, restricting or modifying the application of any State or Federal legislation applicable to the sale of goods and services which cannot be excluded, restricted or modified.

FORCE MAJEURE

We are not liable in any way however arising under these Terms, to the extent that we are prevented from acting by events beyond our reasonable control.

GOVERNING LAW

The law of Victoria from time to time governs these Terms. The parties agree to the non-exclusive jurisdiction of the courts of Victoria, the Federal Court of Australia, and of courts entitled to hear appeals from those Courts.

SEVERANCE

If a provision of these Terms are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.

NO WAIVER

Our failure to enforce any of these Terms shall not be construed as a waiver of any of our rights.

DEFINITIONS

In these Terms:

  • ACL means the Australian Consumer Law Schedule to the Competition and Consumer Act 2010 (Cth).
  • GST has the meaning given in A New Tax System (Products Tax) Act 1999 (Cth) as amended.
  • Products means any products which we make available to you.
  • Terms means these Terms and Conditions of Sale and include any other terms and conditions made available on our website from time to time.
  • We, us or our means Carly Warson and Stephanie Korn trading as The Fold.