Terms & 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.)
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.
FINISswim.com (as an online portal owned by FINIS, Inc. and servicing as well it’s European subsidiary FINIS Europe Ltd.) takes the protection and proper use of your personal information seriously and ensures all personal data shall be processed and transmitted in accordance with the General Data Protection Regulation (GDPR). We respect your privacy and take great care to safeguard information in our possession. FINISswim.com does not share customer information outside of the company under any circumstances. This information includes your first and last name, email address, and a password when you create your FINISswim.com account, as well as interests, birthday, and country that are entered through our marketing preference center. The personal information we collect on FINISswim.com may be used to enhance or customize your shopping experience to deliver products that you purchase online; confirm your orders; register you as a member of FINISswim.com; respond to your customer-service inquiries; prevent fraud and bill you for your purchases; and communicate great values and featured items to you.
At the time you place an order from FINISswim.com, we collect your name and payment method, such as credit card information. We collect this information to bill you for your purchase. We also collect information that allows us to ship your order. This includes the name, address, and phone number of the intended recipient(s).
We will share information with our payment services provider only to the extent necessary for the purposes of processing payments you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.
Cookies And Other Technical Information
FINISswim.com may set and access a cookie on your computer when you are on our website. This will be used to identify you when you visit FINISswim.com so we can enhance and customize your online shopping experience. We might also collect certain technical information from your computer, such as an IP address, each time you request a page during a visit to FINISswim.com. This information is used only to enhance the quality of your experience during your visit. We do not sell or rent this information to any third parties.
A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.
Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.
Cookies can be used by web servers to identity and track users as they navigate different pages on a website and identify users returning to a website.
We use both session and persistent cookies on our website.
The names of the cookies that we use on our website, and the purposes for which they are used, are set out below.
ssid: This cookie is used to identify logged-in users. The data stored is a unique ID which is associated with the user's account. The cookie itself contains no personal data and is encrypted for additional security.
-sslit: This cookie is used to identify the device which a logged-in user is using. The data stored is a unique ID which is associated with the user's account. The cookie itself contains no personal data and is encrypted for additional security.
-addToHomeScreenDismissed: This cookie is used to detect whether the user has dismissed the notifications to add the website to their device's home screen. The data stored is 'true', if any.
-webAppSessionInitialised: This cookie is used to redirect the user to the dashboard when they restart the site from within webapp mode. The data stored is 'true', if any.
We use Google Analytics to analyse the use of our website.
Our analytics service provider generates statistical and other information about website use by means of cookies.
The analytics cookies used by our website have the following names: _utma, _utmb, _utmc and _utmz.
The information generated relating to our website is used to create reports about the use of our website.
Most browsers allow you to refuse to accept cookies; for example:
-in Internet Explorer (version 11) you can block cookies using the cookie handling override settings available by clicking "Tools", "Internet Options", "Privacy" and then "Advanced";
-in Firefox (version 33) you can block all cookies by clicking "Tools", "Options", "Privacy", selecting "Use custom settings for history" from the drop-down menu, and unticking "Accept cookies from sites"; and
-in Chrome (version 38), you can block all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Content settings", and then selecting "Block sites from setting any data" under the "Cookies" heading.
Blocking all cookies will have a negative impact upon the usability of many websites.
If you block cookies, you will not be able to use all the features on our website.
You can delete cookies already stored on your computer; for example:
-in Internet Explorer (version 11), you must manually delete cookie files (you can find instructions for doing so at http://windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11);
-in Firefox (version 33), you can delete cookies by clicking "Tools", "Options" and "Privacy", then selecting "Use custom settings for history", clicking "Show Cookies", and then clicking "Remove All Cookies"; and
-in Chrome (version 38), you can delete all cookies by accessing the "Customise and control" menu, and clicking "Settings", "Show advanced settings" and "Clear browsing data", and then selecting "Delete cookies and other site and plug-in data" before clicking "Clear browsing data".
Deleting cookies will have a negative impact on the usability of many websites.
Marketing Communications Information
Occasionally, FINISswim.com may conduct promotions and customer surveys via this site, email, or other media, that you have opted into receiving. If you wish not to receive these messages in the future, you may send an email to info@FINISinc.com titled "Please remove FINISswim.com updates." We will never sell or rent such information to any third parties.
Protecting And Securing Personal Information
The security of your personal information is very important to us. In our efforts to protect your online transactions, we use a technology called Secure Sockets Layer (SSL). FINISswim.com has also obtained digital certificates from NetSuite Inc. and VeriSign, Inc., both leading providers of Internet trust services. When you access a secure portion of this site (any page containing your personal information), an image of a closed lock or a solid key should appear in the bottom bar of your browser window. If you click on this image, a small popup window displaying site security information will appear. This certificate guarantees that your personal information is being transmitted in secure (encrypted) form to a FINISswim.com Web server.
Information Sharing And Disclosure
Within FINISswim.com, we restrict access to your information to those individuals who need it to provide you with services. Any third-party companies we must use to provide you with services are required to keep your information secure and confidential. Other than stated above, we will never share your personal information unless we have your express permission or under special circumstances, such as when we believe in good faith that the disclosure is required to prevent harm or injury (such as product recalls, fraud, claims, or other liability) or to comply with valid legal processes (subpoenas, warrants) or as required by law.
Third Party Website Links and Features
Privacy Shield - EU – US and Swiss US Data Transfers
Our Obligations to you under the Privacy Shield
FINIS, Inc. complies with the E.U. – U.S. and Swiss – U.S. Privacy Shield Framework (“Privacy Shield”) as set forth by the U.S. Department of Commerce and approved by the European Commission and Swiss Federal Council regarding the collection, use, and retention of personal information FINIS, Inc. receives from European Union member countries and Switzerland.
FINIS, Inc. has certified that it adheres to the following Privacy Shield Principles of (1) Notice; (2) Choice; (3) Accountability for Onward Transfer; (4) Security; (5) Data Integrity and Purpose Limitation; (6) Access; and (7) Recourse, Enforcement and Liability in respect of any personal data received from the European Union and Switzerland.
Accountability and Liability for Onward Transfer
FINIS, Inc. is required to take certain steps when transferring personal information received from the European Union and Switzerland to third parties (such as including necessary contractual provisions in our third party contracts). FINIS, Inc. may be potentially liable in cases of onward transfer of EU and Swiss individuals' data received pursuant to the Privacy Shield to third parties.
Privacy Complaints Handling, Recourse and Enforcement
Email address - info@FINISinc.com
We will respond to any complaints as soon as possible and within 45 days.
We encourage EU and Swiss individuals who have questions or complaints about how we process their Personal Data under Privacy Shield to contact us at info@FINISinc.com. We will work to resolve your issue as quickly as possible, but in any event within 45 days of receipt. If you are an EU or Swiss individual and unable to resolve any complaints through the above method, you may be able to invoke binding arbitration through a Privacy Shield panel, in accordance with the Privacy Shield Framework at https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint.
Please note that if your complaint is not resolved through these channels, in certain limited circumstances, a binding arbitration option may be available.
FINIS, Inc. is subject to the investigatory and enforcement powers of the Federal Trade Commission in the case of any failure to comply with the Privacy Shield.
Changes To This Policy
FINISswim.com may periodically make updates to this policy. We will notify you about significant changes in how we treat personal information by sending a notice to the primary email address specified in your FINISswim.com account or by updating this document. Please check back often to review possible changes.
FINIS Contact Info
Email address: info@FINISinc.com
7085 Las Positas Rd. Suite E
Livermore, CA 94551
No.8 Store #2
Sofia 102, Bulgaria
- Terms & Conditions