Information We Collect

SwimOnline (“we,” “our,” or “us”) is committed to protecting and respecting your privacy.

This Privacy Policy explains how we collect, use, and protect your personal information when you visit our website, www.swimonline.co.za (“the Site”).

By using our Site, you consent to the data practices outlined in this policy. If you do not agree with this Privacy Policy, please do not use the Site.

Information We Collect

When you visit or interact with our Site, we may collect the following types of personal and non-personal information:

1. Account Information: When you create an account, we collect your name, email address, phone number, and shipping address.
2. Order Information: When you make a purchase, we collect information related to your orders, such as products ordered, payment information, and shipping details.
3. Communication Information: If you contact us for support or inquiries, we may collect the content of your communications.
4. Usage Data: We may collect information about how you access and use the Site, including the type of device, browser, operating system, IP address, and browsing behaviour (e.g., pages viewed, time spent on the Site).
5. Cookies: We use cookies to improve user experience, analyze usage, and personalize content. Cookies are small text files stored on your device. You can choose to disable cookies through your browser settings but doing so may limit certain functionalities on the Site.

How We Use Your Information

We may use the information we collect for the following purposes:

1. To Process Orders: We use your personal information to process your orders, deliver products, and manage payments.
2. Customer Service: To provide support, respond to inquiries, and resolve issues.
3. To Improve Our Site: We use usage data to analyze trends, monitor the performance of the Site, and enhance your browsing experience.
4. Marketing and Promotions: We may use your information to send promotional emails, newsletters, or special offers. You can opt out of receiving marketing communications at any time.
5. Compliance and Legal Obligations: We may use your information to comply with applicable laws and regulations.

How We Protect Your Information

We take the security of your personal information seriously. We employ industry-standard security measures to protect your information from unauthorized access, use, or disclosure. These include encryption, firewalls, and secure servers.

However, please note that no method of transmission over the internet or electronic storage is 100% secure, and we cannot guarantee absolute security.

Sharing Your Information

We may share your personal information in the following situations:

1. With Service Providers: We may share your information with third-party service providers who assist us in operating the Site, processing payments, and delivering products (e.g., delivery companies, payment processors). These third parties are obligated to protect your information and use it only for the purposes for which it was shared.
2. With Legal Authorities: We may disclose your information if required by law, to comply with legal obligations, or to protect the rights, property, or safety of SwimOnline, its users, or others.

Your Rights and Choices

You have the following rights regarding your personal information:

1. Access: You can request to access the personal information we hold about you.
2. Correction: You can update or correct your personal information if it is inaccurate or incomplete.
3. Deletion: You can request the deletion of your personal information, subject to certain legal exceptions.
4. Opt-Out of Marketing: You can opt out of receiving promotional communications at any time by following the unsubscribe instructions in the emails or contacting us directly.
5. Withdraw Consent: If we process your data based on consent, you can withdraw your consent at any time.

To exercise any of these rights, please contact us at the details provided in the Contact Us section.

Third-Party Websites

The Site may contain links to third-party websites or services that are not operated by us. This Privacy Policy does not apply to third-party websites. We encourage you to review the privacy policies of any third-party websites before providing them with your personal information.

Children’s Privacy

The Site is not intended for individuals under the age of 18. We do not knowingly collect or solicit personal information from children under the age of 18. If we become aware that we have inadvertently collected such information, we will take steps to delete it.

Changes to This Privacy Policy

We may update this Privacy Policy from time to time. Any changes will be posted on this page with the updated date. We encourage you to review this Privacy Policy periodically for any updates.

Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy, or if you would like to exercise your rights, please contact us:

Email: Jaqui.dekock@gmail.com

Phone: 083 363 8158

Address: 25 Volkspele Drive, Pellissier, Bloemfontein, South Africa, 9301

This Privacy Policy was last updated on 12 February 2025.

Returns and Exchanges

If you are dissatisfied with an item purchased from our website you may return it to our SwimOnline office for a refund, replacement or exchange provided that the conditions of our Returns and Exchanges policy have been satisfied.

For hygiene reasons, unsealed underwear items may not be returned unless the item is defective/damaged upon receipt of delivery.

Returns and Exchanges Policy

We will gladly exchange or refund a product purchased from our website, provided that it meets the below criteria:

1. The item was purchased from www.Swinonline.co.za
2. There is valid proof of purchase, i.e. Arena online order confirmation
3. It is within 30 days of the original purchase date
4. It is in its original packaging and condition and:
   1. For hygiene reasons, unsealed underwear items may not be returned unless the item is defective/damaged upon receipt of delivery.
   2. The product is unworn and unused
   3. The product tag is still attached
   4. The security seal or shrink wrap is intact (if applicable)
   5. Includes all original accessories and/or parts (if applicable)

Terms and Conditions

SWIMONLINE

PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY.

Introduction and Agreement

This website (“Site”) is owned by SwimOnline (“the Company,” “us,” “we”). SwimOnline operates in the Republic of South Africa.

The Site includes the SwimOnline Online Store and, unless indicated otherwise, references to “the Site” include the SwimOnline Online Store. The Site promotes the sale of the Company’s products as well as other products (collectively, “the Products”).

By shopping or browsing on this Site, you:

• Represent and warrant that you have read and understood these Terms and Conditions, along with the policies displayed on this Site; and
• Agree to be bound by these Terms and Conditions and policies (collectively, “the Agreement”).

PLEASE DO NOT USE THIS SITE IF YOU DO NOT ACCEPT, AND AGREE TO BE BOUND BY, THIS AGREEMENT.

Product Pricing and Availability

The Products displayed on this Site are subject to availability. The Company reserves the right, without prior notice, to discontinue or change pricing or specifications on Products and services offered on this Site without incurring any liability.

Shipping Rates

We ship locally, in South Africa.

Local delivery time is 1-5 business days, after shipping (depending on delivery location).

Shipping for standard delivery is charged at a flat rate of R120.

Shipping for express delivery is charged at a flat rate of R280.

Expected delivery time frames:

• Bloemfontein and surrounds: ±1-2 business days
• Main Centres: ±2-5 business days
• Outlying Areas: ±2-5 business days

For customers who have selected express shipping, please note that these orders need to be placed before 11:00am on weekdays to ensure delivery within the 1-2 day timeframe. Express shipping is only available for main centres in South Africa. You will receive your order within 1-2 days after your items have been shipped.

Acceptance

By accessing and/or using the Website, you agree to be bound by these Terms. SwimOnline may at any time modify any of the Terms, and such modifications will supersede and replace any previous terms. The amended terms will be made available on the Website. Each time you access the Website and/or use the services offered via the Website, you agree to be bound by the Terms, as modified.

Important Notice

These Terms apply to users who are consumers under the Consumer Protection Act, 68 of 2008 (“CPA”) and contain provisions that appear in similar text and style to this clause and which:

1. May limit the risk or liability of SwimOnline or a third party;
2. May create risk or liability for you;
3. May compel you to indemnify SwimOnline or a third party;
4. Serve as an acknowledgment by you of a fact.

Your attention is drawn to these Terms because they are important and should be carefully noted. Nothing in these Terms intends to unlawfully restrict, limit, or avoid any right or obligation created for either you or SwimOnline under the CPA.

Content of the Website

While every effort is made to update the information provided on the Website regularly, SwimOnline makes no representations or warranties, whether express or implied, as to the accuracy, completeness, or reliability of any information, data, and/or content on the Website.

SwimOnline reserves the right to change or discontinue any aspect or feature of the Website and any information or content at any time without notice.

Registration and Use of Website

For registered users, before purchasing any products via the Website, you will need to enter your username, password, or other unique identifying information. Jointly, we refer to the username, password, and other identifying information as your “Access Codes.”

You agree to:

• Keep your Access Codes confidential and not disclose them to third parties.
• Immediately report any unauthorized access to or use of your Access Codes.
• Comply with SwimOnline’s request to change your Access Codes if required.

You agree that SwimOnline will process your order once the correct Access Codes are entered, even if unauthorized or fraudulent use occurs (unless the order is canceled in accordance with these Terms).

By using the Website, you warrant that you are 18 years of age or older and have full legal capacity. If you are under 18, you may only use the Website with the involvement and supervision of a parent or legal guardian. If supervised and consented to, your parent or legal guardian agrees to be bound by these Terms and is responsible for your obligations.

You agree not to use any device, software, or instrument to interfere with the proper working of the Website, nor use any automated or manual process to monitor, copy, distribute, or modify the Website or its content without prior written consent from SwimOnline.

Verification

You agree that all instructions, consents, orders, and other communications sent electronically, whether originating from you or a person authorized to act on your behalf, are deemed valid and binding on you.

You waive any rights and indemnify SwimOnline against any loss or damage arising from SwimOnline acting on your instructions, even if such instructions were not sent or given by you.

Product Pricing, Orders, Confirmation, and Delivery

The advertisement of Products via the Website constitutes an invitation for you to make an offer to purchase. SwimOnline reserves the right to reject any order without liability.

Product Information and Pricing Errors:

• SwimOnline is not liable for any inaccuracies in product information or prices displayed on the Website, except in cases of gross negligence or willful misconduct.
• If a product received is different from its description or photo, it will be refunded or replaced, provided it is in original condition with packaging and tags.
• SwimOnline is not obligated to sell a product at an incorrect price displayed on the Website.
• Orders placed at incorrect prices will not be fulfilled.
• Contact SwimOnline via email (Jaqui.dekock@gmail.com) to report errors.

SwimOnline reserves the right to cancel an order without liability. An order is only deemed concluded once the product is delivered according to the selected option or process.

Performance and Availability of Products

SwimOnline strives to execute orders promptly. However, you acknowledge that delivery can be delayed due to factors beyond SwimOnline’s control, including logistics delays. No liability is incurred for such delays.

For information on guarantees applicable to Products purchased by you, please see our warranties & repairs policy.

Optional Tools

SwimOnline may provide access to third-party tools that we neither monitor nor control. You acknowledge and agree that such tools are provided “as is” and at your own risk. SwimOnline is not liable for any issues arising from the use of these third-party tools.

Third-Party Links

Certain content, products, and services may include materials from third parties. SwimOnline is not responsible for the accuracy, content, or practices of third-party websites or services. You are encouraged to review third-party policies before engaging in transactions.

Returns

Please refer to the Refunds Policy for details on returns or exchanges. Nothing in this policy limits your rights under the CPA.

Cancellations

Under the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”), you are entitled to cancel your order within 7 days of receiving the product. You will receive a full refund within 30 days, provided the product is unused and returned in its original condition, including packaging.

If you cancel your order after the 7-day period, shipping will be at your own cost.

Privacy and Security

All personal information is protected according to SwimOnline’s Privacy and Security Policy. Details of the security processes are outlined in the policy.

Copyright and Intellectual Property Rights

SwimOnline owns or lawfully uses all materials, texts, images, drawings, and data available on the Website. Unauthorized copying, reproduction, or distribution of such materials is prohibited, except for personal, non-commercial use.

Warranties, Disclaimers, and Limitation of Liability

SwimOnline makes no warranties or representations regarding the Website or Products, which are provided “as is.” SwimOnline is not liable for any direct, indirect, or consequential damages or injuries resulting from your use of the Website or Products.

SwimOnline also disclaims liability for any damage caused by viruses, malware, or other malicious materials that may affect your devices.

Use of the Website

SwimOnline does not guarantee that the information and products advertised on the Website are suitable for use in all jurisdictions. By accessing the Website, you confirm that you are legally permitted to do so and to use the information and purchase the products available on the Website.

General

These Terms and Conditions, along with any other applicable terms related to your account, constitute the entire agreement between you and SwimOnline regarding your use of the Website. No leniency, time extensions, or waivers granted by either party shall be considered a permanent waiver of any rights unless explicitly stated in a signed written agreement.

SwimOnline reserves the right to transfer, assign, or delegate any of its rights or obligations under these Terms without prior notice.

Force Majeure

If SwimOnline is unable to fulfill any of its obligations due to an event beyond its reasonable control (force majeure), such obligations will be suspended for the duration of the event. Correspondingly, your obligations will also be suspended. If the force majeure event continues for more than 14 days, SwimOnline may terminate its rights and obligations under these Terms by notifying you.

A force majeure event includes, but is not limited to, natural disasters, strikes, theft, riots, explosions, wars, government actions, court orders, international restrictions, power failures, or disruptions in telecommunications or transport services.

Transactions and Communication

All transactions you complete via this Website are subject to these Terms. The applicable time zone for transaction calculations is GMT+2.

By visiting the Website or communicating with us electronically, you consent to receiving communications from us electronically.

The provisions of the Electronic Communications and Transactions Act (ECT Act) that assume receipt of messages without acknowledgment are excluded. No message shall be deemed received by SwimOnline unless explicitly acknowledged in writing. However, submitting an order multiple times may result in duplicate transactions for which you are responsible. A transaction is only considered complete when the product or service has been delivered or collected.

Warranty Policy

All of Arena’s swimwear and gear is guaranteed to perform and is covered by a warranty to the original owner against any manufacturing defects.

Should the fabric, materials or construction of your Arena product ever let you down, Arena commits to repair or replace your purchase at their discretion. This excludes reasonable wear and tear from normal use of the product, as well as any damage due to improper use, alterations or modifications or an accident.

Please note that due to the compression and stress placed on race suits during use, we do not recommend attempting repairs on tears. Consequently, we are unfortunately unable to offer a repair service for race suits.

What does Reasonable Wear and Tear Mean?

Reasonable wear and tear refer to the unavoidable deterioration of a garment or product resulting from normal use by the owner. This does not refer to a time period that is indefinite or the actual lifespan of the owner.

The manner in which the product is used directly impacts the usual and customary wearable/usable life of the product, as materials will deteriorate and fade over time and moving parts will also wear and tear, as can naturally be expected.

Damage that is not covered by Arena South Africa’s warranty can potentially be repaired at their Service Center in Cape Town for a nominal fee and return shipping costs. Please see the Refunds & Returns policy page for more information on manufacturing defects.

What does Practical Product Lifespan mean?

The “Practical Product Lifespan” refers to the usual and customary wearable life of the product. The Practical Product Lifespan does not mean for your lifetime or means a time period that is indefinite. The manner in which the product is used directly impacts the usual and customary wearable life of the product, as materials will deteriorate and fade over time and moving parts will also wear and tear.