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.



Payment

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.



US Customers

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.

EU Customers

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

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.)



Cancellation

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).



Notice

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.



Confidentiality

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.





PRIVACY POLICY



Information Collected

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.



Protection

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.



Cookies

As is commonly done on retail websites, FINIS may use "cookies" or similar technology to keep track of its customers and the goods or services they are ordering. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.



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.



Opt-Out

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.



If you reach FINISswim.com from a link on another web site or search engine, the provider of the referring web site may collect information about your visit to FINISswim.com. You are encouraged to review the Privacy Policy of these other web sites (or search engines). You can avoid this by entering FINISswim.com directly into the address field of your browser.



Changes To Our Policy

Our business and the laws that regulate us change from time to time, and we reserve the right to change this policy. If we do change this policy, we will post the revised version on this site. Any information that we collect now will be used consistently with the privacy policy in effect at the time of use.



Consent

Use of the site will constitute the user's acceptance of this privacy policy.





CUSTOMER RATINGS AND REVIEWS TERMS OF USE



These Terms of Use govern your conduct associated with the Customer Ratings and Review service offered by FINIS, Inc. (the "CRR Service"). To the extent of any conflict between FINIS, Inc's Privacy Policy and these Terms of Use, these Terms of Use shall control with respect to the CRR Service.

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;
  • • Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

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.

All content that you submit may be used at FINIS, Inc.'s sole discretion. FINIS, Inc. reserves the right to change, condense or delete any content on FINIS, Inc.'s website that FINIS, Inc. deems, in its sole discretion, to violate the content guidelines or any other provision of these Terms of Use. FINIS, Inc. does not guarantee that you will have any recourse through FINIS, Inc. to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, FINIS, Inc. reserves the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not FINIS, Inc., are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of FINIS, Inc., its agents, subsidiaries, affiliates, partners or third party service providers and their respective directors, officers and employees.

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.