TERMS OF USE

This website www.berzelliswimwear.com.au is owned and operated by Irene Berczelly (trading as "Irene Berzelli Swimwear") ABN 72 180 959 122 (“Berzelli Swimwear”).

By using this website, you agree to be bound by all of the terms and conditions contained in the Terms of Use. Please read the Terms of Use carefully. By using this website you also represent that you are at least 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the website. We may make changes to our Terms of Use from time to time for any reason. Any changes will be made available on our website.

User comments and feedback

We welcome your comments and feedback about the website and our products. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to us, whether through our
website, e-mail, facsimile, mail or other means, shall be and remain the exclusive property of Berzelli Swimwear. Your submission of any Comments shall constitute an irrevocable assignment to Berzelli Swimwear of any and all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. As such, Berzelli Swimwear will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments which you do not intend to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Privacy

Please read our Privacy Statement carefully to understand our privacy practices. It forms part of our Terms of Use as amended from time to time.

Trademarks

This site includes registered trademarks and other trademarks that are otherwise protected by law. All rights are reserved. You must not copy or use any of these trademarks without our prior written consent. All content, products, designs, materials, technology and processes contained in this website may be the subject of other intellectual property rights owned by Berzelli Swimwear or third parties. No licence is granted in respect of such intellectual property rights other than set out in the Terms of Use. In using this website, you must not in any way infringe the intellectual property rights of any person.

Copyright

All copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on this website, and the selection, coordination, and arrangement of such content, are owned by Berzelli Swimwear or its third-party licensors to the full extent provided under the Copyright Act 1968 (Cth) and international copyright laws. Except to the extent permitted by applicable copyright laws, you shall not in any form or by any means copy, reproduce, modify, distribute, display, perform, publish, transmit or commercialise any of the contents of this website for any purpose without our prior written consent. All rights are reserved.

This website and the information contained on this website is for your personal, non-commercial use only. You shall not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of this website, or use the contents of this website in litigation, or for any commercial or promotional purposes, without our prior written consent.

License and website access

Berzelli Swimwear grants you a limited, revocable and non-exclusive license to access and make personal use of the website, but not to download (other than page caching) or modify it, or any portion of it without our prior written consent. This license does not include any (a) resale or commercial use of this website or its contents; (b) any collection and use of any product listings, descriptions, or prices; (c) any derivative use of this website or its contents or (d) any downloading or copying of account information for the benefit of another merchant.

Neither this website nor any part of this website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our prior written consent. Any unauthorised use will immediately terminate the permission or license granted by Berzelli Swimwear.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Berzelli Swimwear so long as the link does not portray Berzelli Swimwear or its products or services in a false, misleading, derogatory, or otherwise offensive manner as determined by Berzelli Swimwear in its sole discretion. You may not use any Berzelli Swimwear logo or other proprietary graphic or trademark as part of the link without our prior written consent.

Third Party Websites

This website may contain hyperlinks ("links") to websites operated by persons or entities other than Berzelli Swimwear ("Third Party Websites"). We provide such links for your reference and convenience only. A link from Berzelli Swimwear to a Third Party Website does not imply or mean that we endorse the content on that Third Party Website or its operator or operations. You are solely responsible for determining the extent to which you use any content at any Third Party Websites to which you might link from our website.

Berzelli Swimwear is not responsible or liable for any loss or damages incurred as a result of any dealings with any Third Party Website, any merchant or operator of a Third Party Website, or any other person with whom you engage in any transaction through our website.

Your responsibilities

You agree to comply with all applicable laws in connection with your use of this website, and such further limitations as may be incorporated in any written or online notice from Berzelli Swimwear. As a condition of your use of this website, you represent and warrant that you will not use the website for any purpose that is unlawful or prohibited by the Terms of Use. All information that you provide in connection with a purchase or transaction or other interaction with this website will be accurate, complete, and current. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other interaction with Berzelli Swimwear at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other interactions.

By using this website, you agree not to violate or attempt to violate the security of this website, including, by way of illustration but not limitation, actions such as accessing data not intended for you or logging into a server or account that you are not authorised to access or attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.

Delivery

We do try our best to keep the website as up to date as possible ensuring that items on the website are in stock. We aim to dispatch orders as soon as practicably possible after we receive confirmation of payment. Any dates we specify for delivery of orders are estimates only. We shall not be liable for any loss, costs, damages, charges or expenses caused by any delay in delivery. You acknowledge and agree that late delivery does not constitute a failure of our agreement, and does not entitle you to cancellation of an order.

It is your obligation to enter the correct delivery address details at the time of ordering. If you enter inaccurate details, we are not liable to refund or resend the order to the correct address at our expense.

Risk of loss

All products purchased from this website are transported and delivered to you by an independent courier not affiliated with, or controlled by, Berzelli Swimwear. We do, however, use a signed form of delivery so that our customers may track their own orders. Title to products purchased on this website, as well as the risk of loss for such products, passes to you when Berzelli Swimwear delivers these items to the courier. Accordingly, we will not be liable or responsible for any item ordered which is lost, stolen or damaged after delivery to the courier by us has taken place.

If you do not receive your order within a reasonable period of time, please notify us in writing and we will use reasonable endeavours to lodge enquiries with the courier to ensure delivery occurs as soon as possible. We will not be held liable for any loss or damage resulting from late delivery or negligence of a third party.

Further terms and conditions regarding delivery, refunds and exchanges is contained here, and forms part of our Terms of Use as amended from time to time.

Product Information

Berzelli Swimwear attempts to be accurate in describing its products. We do not warrant that product descriptions or other content of the website are complete, reliable, current, or error-free. Unless otherwise stated, the prices displayed on the website are quoted in Australian dollars.

We have made every effort to display as accurately as possible the colours of our products that appear on our website. As the actual colours you see depend on your computer monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

Disclaimer and limitation of liability

This website is provided by Berzelli Swimwear on an “as is” and “as available” basis. To the maximum extent permitted by law, Berzelli Swimwear makes no representations and warranties of any kind, express or implied, as to the operation of this website or the information, content, third party content, materials, products, services or linked services provided on or through this website, including without limitation, that the information provided through this website will be free from error, omission, interruption, defect or delay in operation, or from technical inaccuracies or typographic errors that this website will be available at any particular time or location, that defects or errors will be corrected, or that the content of this website is free of viruses or other harmful components. Any information on this website is subject to change without notice, and we disclaim all responsibility for any changes. You acknowledge and agree that your use of this website is subject to these terms and all applicable laws, and is at your own risk.

To the maximum extent permitted by law, Berzelli Swimwear makes no representations or warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

You acknowledge and agree that Berzelli Swimwear is not responsible or liable for any loss or damage of any kind whatsoever arising out of, or in connection with, your use of this website or any other website linked to this website. This limitation includes, but is not limited to direct, indirect, exemplary, punitive, special and consequential damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.

Indemnity

You agree to indemnify Berzelli Swimwear (including all officers, employees, affiliates, contractors and agents from time to time) from any loss or damage, including all reasonable legal costs, which we may suffer or from any third party claims made against us arising from your activities on or use of this website, including your negligence, any breach by you of the Terms of Use or any charges or complaints made by other parties against you.

Applicable law and disputes

The Terms of Use shall be construed and applied in accordance with the laws of New South Wales, Australia, and you consent to the exclusive jurisdiction of the courts of New South Wales to determine any matter or dispute.

The Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

PRIVACY STATEMENT

Our commitment to your privacy

Irene Berczelly (trading as "Irene Berzelli Swimwear") ABN 72 180 959 122 (“Berzelli Swimwear”) respects your privacy. We are sensitive to the concerns that you may have with regards to the confidentiality, security and use of your personal information, and would like to reassure you of our position on this matter. The purpose of this Privacy Statement is to tell you what type of information we collect, how we may use that information, whether we disclose it to anyone, and the opportunities you have to access and correct the information we hold.

At all times we will comply with all applicable laws, including the National Privacy Principles contained in the Privacy Act 1988 (Cth).

Please read the complete Privacy Statement below, and contact us if you have any questions.

The information we collect

In general, you can browse our website without telling us who you are or revealing any personal information about yourself. However, in order to improve the quality of our website and the products and services we offer, we may request information about you in certain circumstances and collect certain information automatically.

For the convenience of all of our customers and to better serve you, we create and maintain a customer account that includes all the collected personal information we may have with respect to an individual. Nevertheless, you can update or correct your contact information or change your preferences about receiving offers and information from us at any time by contacting us in writing.

Information you volunteer

There are a few places where we give you an opportunity to provide us with your personal information. This refers to information that lets us know the specifics of who you are. When you engage in certain activities on our website, such as placing an order through our online shop, subscribing to our mailing list, filling out a survey or sending us feedback, we may ask you to provide certain information. The personal information which we may ask you to provide includes your first and last name, address (including postcode), email address, telephone and facsimile numbers, and other personal identifying information. When placing an order on our website, you may be asked to provide a credit card number.

Depending upon the activity, some of the information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.

Information collected automatically

We may also automatically collect your IP and referring website addresses, browser type, domain name and website access times. This information helps us to improve the quality of our website, and the products and services we offer. In addition, we use what are known as “cookies”. Cookies are small pieces of information which a website transfers to your computer's hard drive. Cookies allow us to track the use of our website and improve its functionality. Only the site that posted the cookie can read it. You can turn off cookies, but that will affect your online experience and you may not be able to complete an order through our online shop.

The way we use information

We may use your personal information for particular purposes such as processing and delivering your order and, unless you tell us otherwise, for marketing research and other marketing purposes of Berzelli Swimwear, and for providing you with the latest product and promotional information and other information that might be useful to you.

Disclosure of personal information to third parties

We may engage third party contractors to perform services for us which involves the contractor handling certain personal information we hold. For example, we engage third party contractors to provide email and postage services and to provide information technology services such as data storage and software and system development and maintenance.

At no time do we view or have access to a customer’s credit card details. All credit card payments through our website are processed securely through SecurePay Payment Gateway (“SecurePay”) and CBA. For more information on the security measures and privacy policy of SecurePay, please visit SecurePay.com.au.

We prohibit all third party contractors from using personal information about you except for the specific purpose for which it is supplied.

Other than above, we will not disclose your personal information without your consent unless disclosure is authorised or required by law, for the investigation of an offence or for court proceedings.

Our commitment to security of your personal information

We want you to have continuing trust in Berzelli Swimwear and in our products and services and, so, we have put in place reasonable physical, electronic and managerial procedures to safeguard and secure your personal information.

Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge and agree that: (a) there are security and privacy limitations of the internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through our website cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

Updating and correcting your personal information

You may access and correct your personal information by writing or emailing us at:

Berzelli Swimwear
Attn: Privacy Compliance
PO Box 20, Newport Beach, NSW, Australia, 2106

Email: info@berzelliswimwear.com.au

Please include your name, address, and/or email address when you contact us.

We encourage you to promptly update your personal information if it changes.

Your choice on collection and use of your information

We may, from time to time, send you information regarding our products and services. We will not send you this information if you have indicated that you do not wish to receive such information. If you do not wish to receive further information from Berzelli Swimwear, you can send us an email at info@berzelliswimwear.com.au and tell us that you do not want to receive future communications.

Our website contains links to websites of third parties. We are not responsible for the privacy policies and procedures of any third party and you should exercise your best judgement when sharing personal information on these websites.

By using this website you are agreeing to the terms of this Privacy Statement, which forms part of our Terms of Use.

Berzelli Swimwear may make changes to our Privacy Statement from time to time for any reason. Any changes will be made available on our website.

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