Terms & Conditions
Welcome to www.FINISswim.com. Please read all terms and conditions before purchasing any FINIS products. The FINIS website is operated by FINIS, Inc. and its subsidiary FINIS Europe. By using our site, you indicate that you accept these Terms and Conditions and that you agree to abide by them. If you do not agree to these Terms and Conditions, please refrain from using our site.
FINIS, Ind and FINIS Europe may modify or update these Terms and Conditions from time to time. If you continue to use this Website after any changes, this means you agree to abide by the modified Website Terms and Conditions.
Glossary of Terms
“Seller” refers to the party to whom a purchase order has been given.
“Client” refers to the person or organization placing an order.
“Goods” or “services” refers to products for which the Client has placed an order by the Seller.
All B2C web orders are paid in advance before the shipment. The order is authorized immediately upon order confirmation and funds are only collected when items ship. B2B orders will follow approved account terms.
For your security, your billing name and address must match that of the credit card used for payment. We reserve the right to cancel any order that does not match these criteria.
FINIS is required by law to collect applicable sales or use tax on shipments to states where FINIS and its affiliates maintain a place of business or business relationship. These taxes will be added to your order.
All fees are exclusive of value added taxes by B2B customers as required by the law and inclusive of all taxes by B2C customers. Such taxes will be added to your order.
If any amount of the invoice is disputed by the Client, the Client shall inform the Seller of the grounds for such dispute within five days of delivery of the goods and shall pay to the Seller the value of the invoice less the disputed amount in accordance with these payment terms.
Where the Seller requires payment of a deposit, the Client acknowledges that the deposit is not refundable.
The Seller reserves the right to increase a quoted fee in the event that the Client requests a change to the work agreed upon.
Delivery by the Seller will be deemed to have taken place when the materials are handed to the custody of the Client at his premises or to a deputed messenger or courier when posted. The Seller will be entitled to charge the Client for any delivery expenses other than normal postage charges.
If an order is, at the Client's request, sent electronically, the time recorded upon the sending equipment shall be deemed the time of delivery, system delays notwithstanding. (nb – electronic dispatch can be provided only on request and at the Client's risk. The Seller reserves the right to substitute conventional delivery methods without notice or penalty should electronic dispatch prove inconvenient.)
The free shipping offer applies to MSRP pricing level only, within the United States.
In view of the nature of the service, any order – once confirmed by the Company – is not cancellable. Cancellation of the Order by the Client will only be accepted on condition that any costs, charges and expenses already incurred, including any charges that will be levied by the list-owner on account of his expenses, work or cancellation conditions will be reimbursed to the Company forthwith.
Loss or Damage to Goods
The Company will take all reasonable steps to ensure protection from loss, damage, or destruction of the services or materials it supplies to the Client (or that may be received from the Client).
All written notices to be served on or given to the Client shall be sent or delivered to the Client's principal place of business and shall be treated as having been given upon receipt.
Both parties shall maintain strict confidence and shall not disclose to any third party any information or material relating to the other or the other's business that comes into that party's possession and shall not use such information and material. This provision shall not, however, apply to information or material that is or becomes public knowledge other than by breach by a party of this clause.
Employment of Personnel
Subject to the prior written consent of the Company, the Client shall not induce to employ, whether as an employee, agent, partner, or consultant, any employee of the Company directly associated with delivery of the goods.
Limitation of Liability
The Company shall not be liable for any claim arising from the performance, non-performance, delay in delivery of, or defect in the goods or for any special, indirect, economic, or consequential loss or damage howsoever arising or howsoever caused (including loss of profit or loss of revenue), whether from negligence or otherwise in connection with the supply, functioning, or use of the goods. Any liability of the Company shall in any event be limited to the license fees paid by the Client in the year in which the event of default arises.
Nothing herein shall limit either party's liability for death or personal injury arising from proven negligence by itself or its employees or agents. The Client shall fully indemnify the Company against any liability to third parties arising from the Client's use of the Goods.
FINIS collects information from you when you register on FINISswim.com, place an order, enter a contest or sweepstakes, subscribe to our newsletter, respond to a survey or communication such as e- mail, visit a FINIS booth at a event, or participate in another site feature. When ordering or registering, we may ask you for your name, e-mail address, mailing address, phone number, credit card information or other information. You may, however, visit our site anonymously.
How Information Is Used
We may use the information we collect from you when you register, purchase products, enter a contest or promotion, subscribe to our newsletter, respond to a survey or marketing communication, visit a FINIS booth at a event, surf the website, or use certain other site features in the following ways:
- • To personalize your site experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- • To allow us to better service you in responding to your customer service requests.
- • To quickly process your transactions.
- • To administer a contest, promotion, survey or other site feature.
- • If you have opted-in to receive our e-mail newsletters, we may send you periodic e-mails. If you would no longer like to receive promotional e-mail from us, please refer to the "How can you opt-out, remove or modify information you have provided to us?" section below. If you have not opted-in to receive e-mail newsletters, you will not receive these e-mails. Visitors who register will be given a choice whether they would like to be on our e-mail list and receive e-mail communications from us.
FINIS implements a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
We will retain your information for as long as your account is active or as needed to provide you services. Please contact us if you wish to cancel your account or request that we no longer use your information to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. If you do not wish to accept cookies, the "help" selection on your browser's toolbar will likely tell you how to prevent your browser from accepting cookies, how to have the browser alert you when you receive a new cookie, or how to disable cookies altogether. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly.
Third Party Services
We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous.
Outside Business Partners
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include FINISswim.com. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. For example, if you purchase goods through this website, like any other retailer we will have to provide your credit card information to our credit card processor and authenticator for payment purposes, and your name and address to the company that ships our merchandise.
To modify your e-mail subscriptions, please let us know by modifying your preferences in the "My Account" section. You may also unsubscribe through the "unsubscribe" link in an emailed newsletter. Please note that due to email production schedules you may receive any emails already in production.
To delete or update all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.
Third Party Website Links
FINIS may reference or provide links to third party websites. We are not responsible for the third party websites, and you should review the privacy policies posted on such sites. Please be aware that FINIS does not control, nor are we responsible for, the privacy policies or information practices of third parties or their websites.
Changes To Our Policy
OUR GDPR Process:
- We have assigned a Data Protection Officer in our EU offices
- Our internal data storage is maintaining a Log of GDPR compliance work, which will be available to scrutiny if/when asked
- We undertook a gap analysis of all our business processes where personal data is either held or collected and produced an action plan
- We are reviewing and updating our range of policies, including our Data Protection Policy
- We have introduced mechanisms to identify a potential personal data breach, how these will be investigated and reported, where necessary within the legal terms
- We are undertaking a systematic review of the personal data we store, manage, maintain, collect, process and control
- We have assessed our Lawful bases for processing data to ensure all personal data is processed lawfully, fairly and transparently
- We have introduced legitimate interest assessments where we rely on legitimate interest as the Lawful basis for processing any personal data
- We have conducted data mapping of all our processes involving personal data
- We are providing training to our employees and generally raising the awareness and importance of GDPR to our business and their individual responsibilities arising from this
By submitting any content to FINIS, Inc., you represent and warrant that:
- • You are the sole author and owner of the intellectual property rights thereto;
- • All "moral rights" that you may have in such content have been voluntarily waived by you;
- • All content that you post is accurate;
- • You are at least 13 years old;
You further agree and warrant that you shall not submit any content:
- • That is known by you to be false, inaccurate or misleading;
- • That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- • That violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- • That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- • For which you were compensated or granted any consideration by any third party;
- • That includes any information that references other websites, addresses, email addresses, contact information or phone numbers;
- • That contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold FINIS, Inc. and its affiliates (and their officers, directors, agents, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
For any content that you submit, you grant FINIS, Inc. a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting your email address in connection with your rating and review, you agree that FINIS, Inc. and its third party service providers may use your email address to contact you about the status of your review and for FINIS, Inc.'s administrative and marketing purposes.