Terms of service
OVERVIEW
Welcome to Deriva Swim! The terms “we,” “us,” and “our” refer to Deriva Swim. Deriva Swim operates this store and website, including all information, content, features, tools, products, and services, in order to provide you, the customer, with an appropriate shopping experience (the “Services”). Deriva Swim is supported by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any notices incorporated herein (“Terms and Conditions of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms and Conditions of Service carefully, as they include important information regarding your legal rights and cover areas such as warranty limitations and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and Conditions of Service and our Privacy Policy. If you do not agree to these Terms and Conditions of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms and Conditions of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any minors dependent on you to use the Services on devices owned, purchased, or managed by you.
To use the Services, including accessing or browsing our online stores or purchasing products and services offered by us, you may be required to provide certain information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are responsible for all activity on your account and for safeguarding your account credentials. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services accurately in our online stores. However, the display of colors and the appearance of products may vary depending on the device you use to access the store and the settings and configuration of that device.
We cannot guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to what is described or displayed in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of any products offered on a case-by-case basis, by person, geographic area, or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Deriva Swim reserves the right to accept or reject your order at its sole discretion for any reason. Your order is not confirmed until Deriva Swim confirms acceptance. We must receive and process payment before accepting an order. Please review your order carefully before submitting it, as Deriva Swim may not be able to accommodate cancellation requests once an order has been accepted. If an order is rejected, modified, or canceled, we will notify you by contacting you via the email address, billing address, and/or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].
You represent and warrant that purchases are for personal or household use only and not for resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. All prices published in our online store include VAT and any applicable taxes according to current law. International shipments are handled on a DDP (Delivered Duty Paid) basis: this means that all potential customs duties and import taxes are already included in the total paid at checkout. The customer will not incur any customs costs or extra charges upon delivery. Standard shipping costs are calculated and clearly added to the total at checkout, prior to the final confirmation of the order.
The prices published in our online store may differ from the prices offered in physical stores, other online stores, or stores operated by third parties. From time to time, we may offer promotions on the Services that affect pricing and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
For all purchases made at our store, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all other applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs procedures, or events beyond our control. Once products are handed over to the carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, branding, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Deriva Swim, its affiliates, or licensors and are protected by U.S. and international intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly stated, nothing in these Terms grants you any license or other rights in any intellectual property of Deriva Swim, Shopify, or third parties. Unauthorized use may violate applicable laws. All rights not expressly granted are reserved by Deriva Swim.
Deriva Swim names, logos, product and service names, designs, and slogans are trademarks of Deriva Swim or its affiliates or licensors and may not be used without written permission. Shopify names and logos are trademarks of Shopify. All other trademarks belong to their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided access to third-party tools as part of the Services that we do not monitor or control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties or conditions of any kind and without endorsement. We are not liable for your use of optional third-party tools.
Your use of such tools is entirely at your own risk and discretion, and you must agree to the terms provided by the relevant third-party providers.
Future features or tools added to the Services will also be subject to these Terms.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links to third-party websites or materials. We are not responsible for examining or evaluating their content or accuracy. Accessing third-party sites is at your own risk.
We are not liable for any harm or damages related to the use of third-party websites, products, or services. Please review third-party policies before engaging in any transaction. Complaints regarding third-party products or services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Deriva Swim is powered by Shopify, which enables us to provide the Services. However, purchases and sales are made directly between you and Deriva Swim. Shopify is not responsible for any aspect of transactions between you and Deriva Swim. You expressly release Shopify and its affiliates from any claims or liabilities arising from purchases or transactions with Deriva Swim.
SECTION 10 – PRIVACY POLICY
All personal data collected through the Services is subject to our Privacy Policy, and certain data may also be subject to Shopify’s Privacy Policy. By using the Services, you confirm that you have read these policies.
Shopify collects and processes personal data related to your use of the Services to provide and improve them. Your data may be transferred to and shared with Shopify and third parties located in other countries. See our Privacy Policy for more information.
SECTION 11 – FEEDBACK
If you submit ideas, suggestions, feedback, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, transferable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes.
You represent that you own or have the necessary rights to submit the Feedback, that any incentives received have been disclosed, and that the Feedback complies with these Terms. We are under no obligation to keep Feedback confidential, compensate you, or respond to it.
We may remove Feedback that we deem unlawful, offensive, or in violation of these Terms. You are solely responsible for your Feedback and its accuracy.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Information on the Services may occasionally contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct such errors and to change or cancel orders at any time without notice.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services to engage in illegal activities, violate laws, infringe intellectual property rights, harass or harm others, submit false information, transmit spam, impersonate others, or interfere with the security or functionality of the Services.
We reserve the right to suspend or terminate your account at any time without notice if you violate these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services at any time without notice. You will remain responsible for all amounts due up to the date of termination. Certain sections will survive termination, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, and others by their nature.
SECTION 15 – DISCLAIMER OF WARRANTIES
Except as expressly stated, the Services and all products are provided “as is” and “as available,” without warranties of any kind, express or implied. We do not guarantee uninterrupted, timely, secure, or error-free use. Some jurisdictions do not allow limitations on implied warranties, so these disclaimers may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Deriva Swim and its affiliates shall not be liable for any indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or products, even if advised of the possibility of such damages.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Deriva Swim, Shopify, and their affiliates from any claims or damages arising from your breach of these Terms, violation of laws, or use of the Services.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will remain in full force and effect.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Failure to enforce any provision does not constitute a waiver. These Terms constitute the entire agreement between you and us and supersede any prior agreements.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our written consent. We may assign these Terms without notice.
SECTION 21 – GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Deriva Swim is based. You consent to the jurisdiction of the relevant courts.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
You can review the current version of these Terms at any time on this page. We reserve the right to update or modify these Terms at our discretion. Continued use of the Services constitutes acceptance of the changes.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms should be sent to: social@deriva-italia.com
Contact details:
Worke
social@deriva-italia.com
Via Papa Giovanni XXIII n. 59, 24060 Bagnatica BG
