Speedo

Terms and Conditions

Fastskin LZR Racer

The Terms and Conditions list the following four sections:

(1) Website Terms and Conditions

(2) Terms and Conditions of Sale (Ecommerce Customers)

(1) Website Terms and Conditions

Welcome to our Website! There are a few rules that our visitors must follow when using our site, so we ask all our visitors to read our Terms and Conditions of usage carefully.

This Website is brought to you by Speedo International Limited ("Speedo"), and all rights, including copyright, in the content of these Speedo web pages are owned or controlled by Speedo.

If you have any comments or queries relating to this Website, please contact us via email at:
info@speedo.com
or:
Website Moderator,
Central Marketing,
Speedo International Limited,
Ascot Road,
Nottingham,
NG8 5AJ

1. What do I agree to by entering the Website?

You are invited to use www.speedo.com together with any associated microsites (the "Website”) on the basis of these Terms and Conditions.

By entering the Website and using its Features (as defined below) you are deemed to have read and accepted these Terms and Conditions. If you do not accept these Terms and Conditions or any part of them, you should not enter or use the Website.

Speedo 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 be bound by the modified Terms and Conditions.

If we do make a change to the Terms and Conditions we will post it at the top of this page, together with the date of the change, so you can easily find it.

These Terms and Conditions regarding your use of the Website constitute a legally binding agreement between you and Speedo.

These Terms and Conditions will remain in full force and effect as long as you are a user of the Website and in the event of termination of any membership, service or feature, you will still be bound by your obligations under these Terms and Conditions, the Privacy Policy, any additional terms or rules featured in the Website, including any indemnities, warranties and limitations of liability.

2. Registration

You may need to register for a unique user name and password combination in order to access and use certain features or functions of the Website. We may also, from time to time, provide you with additional codes or passwords necessary to access and use certain features or functions of the Website. Please read our Privacy Policy, which describes the personally identifiable information we collect, use, disclose, manage and store. As part of the registration process for the feature or function, you will choose a user name and password (or we may assign an initial password which we will give you the option to change).

If you register as a user on the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities which occur under your account or password. You must take all necessary steps to ensure that the password is kept confidential and secure and you must inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when you registered. We reserve the right to refuse access to the Website, terminate accounts and to remove or edit content at our sole discretion.

3.The Features

The Website may offer the following features to you: competitions, prize draws, downloading of screensavers, desktops, sound files and video clips (the "Features”). The Website may also provide rules of participation for certain Features including, but not limited to competitions and prize draws, membership clubs, and email services.

4.Conditions of Using Features on the Website

You agree to use the Features in this Website in good faith and in the spirit in which they are made available to you. In particular you agree:

  • a) Not to send or resend any content which is obscene or vulgar, offensive, abusive, harmful, threatening, libellous, defamatory, invasive of another’s privacy, racially or ethically or religiously insulting or otherwise unlawful;
  • b) Not to use Features on the Website for any purpose that is illegal or which is or may be damaging to the rights or interests of any other user of the Website or other party;
  • c) If you or any other party has any issues or concerns with the content of any communications generated via the Website, you should contact the website moderator as soon as possible using the Report Abuse link on the Website; and
  • d) That all Features will be used entirely at your own risk and Speedo accepts no responsibility for any losses or consequences suffered by you as a result of your use of the Website.

If Speedo is informed or has any reason to believe that any of the Features on its Website are being used by a user other than in accordance with these Terms and Conditions, Speedo reserves the right to suspend or permanently prevent access by that user to the Features and shall have no liability to the user whatsoever in such event.

5. Your Conduct

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You must not use the Website:

  • for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
  • to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or is in breach of copyright, trade mark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of, or contains, software viruses, commercial solicitation, chain letters, mass mailings or any 'spam'; or
  • to cause annoyance, inconvenience or needless anxiety to any other person.

6.Sending Us Material

We are happy to receive from you any ideas, suggestions, graphics, pictures or anything else, but do please remember that, by sending us your submission (the "Material”) you will be deemed to have granted to Speedo (and any of its subsidiaries and/or associated companies) a perpetual, royalty-free, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in the Material. By submitting your Material to this site, you also warrant that:

  • a) you have the right to make it available to Speedo;
  • b) the Material is not defamatory; and
  • c) the Material does not infringe any law or third party rights.

You agree to indemnify Speedo against all legal fees, damages and other expenses that may be incurred by Speedo as a result of your breach of the above warranty. You also agree to waive any moral rights in the Material for the purposes of its submission to and publication on the Website and the other purposes specified above. You may not violate, plagiarise, or infringe on the rights of third parties including copyright, trade mark, trade secret, privacy, personal, publicity, or proprietary rights.

This means that all stories, mixes, comments, suggestions, ideas, graphics or other information sent to us can be used by us as we see fit. This includes using it for promotional, marketing or any other commercial purpose, whether in advertising, or in developing, manufacturing or marketing products. Under no circumstances are you entitled to any payment if we do use your Material for any purpose.

Please also refer to any relevant competition or prize draw Terms and Conditions for any special terms which apply to competition entries.

7. Privacy Policy

Please ensure that you read our Privacy Policy to learn about what personal information we collect at this site, how we handle it and for what purposes we use it.

8. Licence for Website Access

Speedo grants you a limited licence to access and make personal use of this Website. The licence does not allow you to download (other than where specifically indicated, or for the purpose of page caching) or modify it, or any portion of it, except with our express written consent. This licence does not include any resale or commercial use of this Website or its contents; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

9.Website Content – Accuracy and Permitted Use

Speedo makes every effort to ensure that the content of the Website is accurate and up-to-date, but Speedo does not offer any warranties (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the information appearing on the Website.

Speedo may remove material or Features, from the Website at its own discretion and without any notice.

This Website is intended to provide amongst other things, information relating to Speedo products and is designed for personal, non-commercial use only. You may not use any of the material appearing on the Website to further any commercial purpose, including (but not limited to) selling any Speedo products on Ebay or any other auction site, advertising or to promote or encourage traffic to any other website.

Speedo does not verify, endorse, or have any responsibility for any third party websites, their business practices, or any goods or services associated with or obtained in connection with any such website which is linked to or from this website. For the avoidance of doubt, Speedo is not responsible for the content in any such third party website.

10. Intellectual Property Rights

You acknowledge and agree that all copyright, rights in data, databases, trade marks, names, images, logos and other intellectual property rights in the Website software, content, compilation of such content included on the Website such as text, graphics, logos, button icons and images, (excluding competition entries, where indicated to the contrary in the Competition Terms and Conditions), and all HTML and other code involved in this Website ("Intellectual Property Rights”), shall remain at all times vested in Speedo or its subsidiaries, its affiliates or its content suppliers and that these are protected by UK, European and International copyright and database right laws other laws and international treaty provisions.

You may not modify, copy, distribute, transmit, display, redistribute, transfer, or sell in whole or in part, the Website or any of the Intellectual Property Rights relating thereto, or use any logo or trade mark which is featured on the Website or other proprietary graphic or trade mark as part of the link without our express written consent. You may not frame or use similar techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of Speedo and its affiliates. You may not use any meta tags or any other ‘hidden text’ utilising Speedo or its affiliates' names or trade marks. Any unauthorised use shall terminate the permission or license granted by Speedo.

Nothing contained in this Website shall be construed as conferring by implication or otherwise any licence or right to use any of the Intellectual Property Rights displayed or subsisting on or in this Website other than in accordance with these Terms and Conditions.

11. Disclaimer and Limitation of Liability

The Internet is by its nature an unreliable medium. Consequently, you accept that this Website is offered on an "as is” and "as available” basis.

We will do our utmost to ensure uninterrupted availability of the Website and that transmissions will be without errors. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

While Speedo takes all reasonable steps to ensure that the Website is accurate and up-to-date, and properly functioning at all times, Speedo does not offer any representations or warranties of any kind (whether express, implied or otherwise) as to the reliability, accuracy or completeness of the Website; the information, content, materials, or products included on this Website; that your access to the Website will be uninterrupted, timely, secure or error-free; that defects will be corrected; or that this Website, e-mails sent by us or the server that makes the Website available are free of software viruses or bugs or other harmful components or defects.

Speedo has no control over, and disclaims all responsibility for, any content you encounter, or events which may occur as a result of your use of the Features and Speedo shall not be liable for any damages or other losses of any type whatsoever incurred by you as a result of your use of the Website or the Features.

Speedo does not exclude liability for death or personal injury. However, by accepting these Terms and Conditions and using the Website, you accept that Speedo cannot be liable to you for any loss or damage you suffer as a result of visiting this Website or making use of the Features or information available on the Website. You must take your own precautions (including but not limited to installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.

Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

12. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our Website, policies, and these Terms and Conditions at any time. Your use of the Website will be subject to the policies and Terms and Conditions in force at the time that you use the Website, unless any change to those policies or these conditions is required to be made by law or government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.

13. Events Beyond our Reasonable Control

Speedo will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

14. Waiver

If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

15. Disputes

Any dispute relating in any way to your visit to the Website shall be submitted to the courts of England and Wales,

16. Governing Law and Jurisdiction

These terms and your use of this Website shall be governed by and construed in accordance with English Law.

By accepting these Terms and Conditions and using the Website, you accept that any dispute under these Terms and Conditions or arising out of use of this Website shall be subject to the exclusive jurisdiction of the English courts and by using this Website you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections to jurisdiction or venue in such courts.

Those persons outside England and Wales who choose to use or access this Website from their own jurisdictions do so at their own risk and on their own initiative and are responsible for compliance with local laws, to the extent any local laws are applicable.

17. Our Details

www.speedo.com is owned by Speedo International Limited, Ascot Road, Nottingham, NG8 5AJ, England, whose Company Registration Number is 00227323.

© Speedo International Limited 2008. All Rights Reserved.

(2) Terms and Conditions of Sale (Ecommerce Customers)

Welcome to speedo.com (the "Website"). There are a few rules that our visitors must follow when using our Website, so we ask all our visitors to read our Terms and Conditions carefully.

This Website is brought to you by Speedo International Ltd. ("Speedo", or "we" or "us") and all rights, including copyright, in the content of the Website is owned or controlled by Speedo.

Speedo and its affiliates provide access to the Website and sell its products to you subject to the Terms and Conditions set out on this page.

If you have any comments or queries relating to this Website, please contact us via email at:

info@speedo.com

Terms and Conditions of Sale

Please carefully read these Terms and Conditions before using the Website. By using the Website and/or placing an order through the Website, you agree to be bound by these Terms and Conditions.

1. Your Account

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when you registered.

The Website only sells products to individuals who can purchase with a credit card/debit card. If you are under sixteen (16), you may use the Website only with the express permission and involvement of a parent or guardian.

Speedo reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, it will be without charge to you.

2. Privacy

Please review our Privacy Policy, which also governs your visit to the Website to understand how Speedo uses your information.

3. Access to the Website

We will do our utmost to ensure uninterrupted availability of the Website and that transmissions will be without errors. However, due to the nature of the Internet, this cannot be guaranteed. Your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.

4. Licence for Website access

Speedo grants you a limited licence to access and make personal use of this Website. The licence does not allow you to download (other than page caching) or modify it, or any portion of it, except with express written consent of Speedo. This licence does not include:

  • any resale or commercial use of this Website or its contents;
  • any collection and use of any product listings, descriptions, or prices;
  • any derivative use of this Website or its contents;
  • any downloading or copying of account information for the benefit of another merchant; or
  • any use of data mining, robots, or similar data gathering and extraction tools.

This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Speedo’s express written consent.

You may not frame or use similar techniques to enclose any trade mark, logo, or other proprietary information (including images, text, page layout, or form) of Speedo and its affiliates. You may not use any meta tags or any other ‘hidden text’ utilising Speedo or its affiliates' names or trade marks. Any unauthorised use terminates the permission or licence granted by Speedo.

You may not use any logo or trade mark which is featured on the Website or other proprietary graphic or trade mark as part of the link without our express written consent.

5. Your conduct

You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way.

You must not use the Website:

  • for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
  • to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trade mark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of, or contains, software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any 'spam';or
  • to cause annoyance, inconvenience or needless anxiety.

6. Our contract

When you place an order to purchase a product from the Website, we will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we ship that product to you and is confirmed by an email we send to you confirming that we have shipped (the ‘Shipping Confirmation E-mail’). All orders will be shipped by post (UK) or parcel delivery service (overseas). Such acceptance will be complete at the time we send the Shipping Confirmation Email to you. Any products on the same order which we have not confirmed in a Shipping Confirmation Email to have been dispatched do not form part of that contract. You are seeking to enter into a contract with Speedo when you place an order. Speedo will retain the title in the products until full payment has been made by you and has been received by Speedo.

Speedo reserves the right to hold any orders prior to shipping for security review. Speedo only delivers its products to the locations listed on the Website (subject at all times to the relevant EU regulations concerning free trade within the European Union). In the event that an order is placed for a delivery to a location where we do not deliver to the order will be cancelled and a refund processed.

7. Deliveries

We will endeavour to deliver all products you have ordered within the time period specified on your Shipping Confirmation Email.

All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss for such products pass to you upon our delivery to the carrier. If you have received confirmation of shipping but your products have not arrived, please ensure that you have allowed sufficient time according to the estimated delivery times provided to you on your Shipping Confirmation Email.

Please refer to our Delivery Information section for details on our delivery times. If your order has not been received within our specified timescales, in the first instance please check with your local mail delivery office to see that they are not holding your parcel. If they confirm that they do not have your products, please contact us and we will do our best to assist.

9. Returns Policy

You may return new, unworn or unused products for a full refund as outlined in our Returns Policy, if, through no fault of your own, merchandise is found to be defective or faulty. In order to return an item, you must firstly obtain a unique Returns Authorisation Number ("RA Number") within seven (7) days of receipt of your goods; unwanted items must then be returned within seven (7) days of the issuance of your valid RA Number. Items should be returned in their original packaging and where relevant, with their original hygiene slips in place. Speedo will only pay the return shipping costs if the return is a result of our error.

We reserve the right to reject the returns of goods which are not returned in accordance with our Returns Policy and we may request that you pay for the shipping of such goods back to you.

If you need to return or exchange products please email info@speedo.com, as also stated on the Website. A member of the Customer Service team will then advise you how to the return of the products. If the returned goods comply with our Returns Policy we will refund the relevant part of the purchase price for that order as soon as possible and in any case within thirty (30) days after we receive your returned products. Our returns policy does not affect your statutory rights. Please refer to our Returns section for further information.

10. Feedback and Complaints Policy

We welcome any comments about our service, so that we can improve what we are doing. Our aim is to deal with any problems quickly and fairly. If you have reason to complain about our service, please e-mail our Customer Services Team stating clearly that you are making a complaint. Alternatively, call us on the number stated on the Website and say that you wish to make a complaint. Our aim is to respond to your complaint within seven (7) working days, either resolving the complaint, or with a timescale for resolution.

11. Pricing and availability

All prices are quoted in Pounds Sterling and are inclusive of VAT unless otherwise specified. All item prices are exclusive of delivery charges. We list availability information for products sold by us on the Website, including on each product information page. Beyond what we say on that page or otherwise on the Website, we cannot be more specific about availability. Please note that shipping dates are estimates only. Unless otherwise stated, despatch dates are not guaranteed and should not be relied upon. As we process your order, we will inform you by email if any products you order are subsequently found to be unavailable.

Despite our best efforts, a small number of the products in our catalogue on the Website may be mis-priced due to human error. We reserve the right to correct any such errors or omissions including without limitation, cancelling your order.

12. Customs

When ordering products from the Website for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you as we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact the local customs office for further information. Additionally, please note that when ordering from the Website, you are considered the importer of record and must comply with all laws and regulations of the country in which the products are received. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our International customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.

13. Disclaimer and limitation of liability

This Website is provided by Speedo on an "as is" and "as available" basis. Speedo makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.

Speedo disclaims all warranties, express or implied, including, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. Speedo does not warrant that this Website, its servers, or e-mail by us are free of viruses or other harmful components. Speedo will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

14. Electronic communications

When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

15. Disputes

Any dispute relating in any way to your visit to the Website or to products you purchase through the Website may be submitted to the courts of England and Wales, except that, to the extent you have in any manner violated or threatened to violate Speedo’s intellectual property rights, Speedo may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.

16. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our Website, policies, and these Terms and Conditions at any time. Your usage of the Website and your orders will be subject to the policies and Terms and Conditions in force at the time that you use the Website or that you order products from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.

17. Events beyond our reasonable control

Speedo will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

18. Waiver

If you breach these Terms and Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

19. Governing law and jurisdiction

Your use of the Website, any purchase by you on the Website of any products and these conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England. You agree, as we do, to submit to the non-exclusive jurisdiction of the English courts.

If you are accessing this Website from any other jurisdictions (apart from England and Wales) you agree to be responsible for compliance with local laws, to the extent any local laws are applicable.

Your statutory rights are not affected by these Terms and Conditions.

20. Our details

speedo.com is owned and operated by Speedo International Ltd, Ascot Road, Nottingham NG8 5AJ.

© Speedo International Ltd, 2008. All Rights Reserved.