Terms & Conditions

Terms & Conditions

  1. CONDITIONS OF USE.

    Welcome to the Internet Site of Anahata Swimwear, INC. This Internet Site comprises various Web pages and is owned and operated byAnahata Swimwear, INC. or its subsidiaries and affiliates (collectively referred to herein as “Anahata Swimwear, INC.”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS INTERNET SITE since both use of this Internet Site as well as all sale of products and services offered on this Internet Site are subject to the legal terms and conditions outlined below (collectively, the “Terms and Conditions”). Your use of this Internet Site in any manner, including browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them.Anahata Swimwear, INC. reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Your continued use of theAnahata Swimwear, INC. website signifies your acceptance of such revised Terms and Conditions; therefore, we urge you to read them carefully each time you use this Internet Site. Please note that the guidelines, policies and other terms and conditions of use and sale and otherAnahata Swimwear, INC. -affiliated or co-branded websites may vary. Please also see our Security and Privacy Policy as well as our Construction Dates, Shipping & Delivery, and Alterations & Exchanges.

    PERSONAL AND NON-COMMERCIAL USE LIMITATION

    You may copy electronically or print hard copies of any of the Web pages from this Internet Site provided that such copying or printing is for your personal non-commercial and lawful use, and provided that such copies clearly display the copyright, trademark and any other proprietary notices ofAnahata Swimwear, INC. Except when the express written authorization ofAnahata Swimwear, INC. is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, frame or create derivative works of any of the Web pages and information (including any portion of them) which is obtained from this Internet Site. Anahata Swimwear, INC. reserves complete title and full intellectual property rights in any material that you may copy electronically or print from this Internet Site.

    PROHIBITED OR UNLAWFUL USE

    You warrant toAnahata Swimwear, INC. that you will not use this Internet Site for any purpose that is either unlawful or prohibited by the Terms and Conditions. You agree not to use this Internet Site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person’s use and enjoyment of this Internet Site. You may not misrepresent your identity or location as a user and you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Internet Site.Anahata Swimwear, INC. EXPRESSLY PROHIBITS ANY UNAUTHORIZED THIRD PARTY LINKING TOAnahata Swimwear, INC. including links to the home page or any other page on the Anahata Swimwear, INC. domain.

    ACCOUNT NAME AND PASSWORD

    For certain activities on this Internet Site, you are required to have an account name and a password. It is solely your responsibility to keep your account information and password secure. You must not disclose your password to anyone. You agree to notifyAnahata Swimwear, INC. immediately of any unauthorized use of your account.Anahata Swimwear, INC. DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO KEEP YOUR ACCOUNT NAME AND PASSWORD SECURE.

    PROPRIETARY RIGHTS

    “AnahataSwimwear.com”,Anahata Swimwear, INC. logos and trademarks, as well as certain other names, words, logos, slogans, images, marks, trade names, and trademarks used on this Internet Site, are the properties of their respective owners. You may not use, reproduce, copy or manipulate any such logos, trademarks, slogans, images, marks, or trade names in any manner without the prior written consent of the owner.

    All content of this Internet Site, including all information, design, images, sound, photographs, video, illustrations, links to other Internet Sites, icons, graphics, headers, text, data and software (collectively, “Content”) and the presentation, arrangement, coordination, enhancement and selection of such Content are subject to intellectual property rights, including copyright, trademark, or other proprietary rights or licenses held by Anahata Swimwear, INC. or aAnahata Swimwear, INC. affiliate or by third parties who have licensed their rights toAnahata Swimwear, INC. All such rights are expressly reserved.

    LIMITATION OF LIABILITY

    IN NO EVENT SHALL Anahata Swimwear, INC., ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS INTERNET SITE OR ANY CONTENT ON THIS INTERNET SITE EVEN IF Anahata Swimwear, INC. OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS INTERNET SITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS INTERNET SITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN Anahata Swimwear, INC. TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

    INDEMNIFICATION

    You shall indemnify and save harmless Anahata Swimwear, INC., its officers, directors, employees, affiliates, partners, service providers, consultants, representatives and agents from and against any claim, cause of action or demand, including, but not limited to, reasonable legal, accounting and other professional fees brought as a result of your use of this Internet Site

    ONLINE SHOPPING

    In order to purchase through this Internet Site you must be the age of majority in your province/territory of residence and you must agree to pay for all charges noted on this Internet Site as payable by you. All prices listed on this Internet Site are in American dollars and all charges will be processed in American dollars. Furthermore, any product ordered or purchased from this Internet Site may only be ordered or purchased for non-commercial and lawful purposes and any other use is not permitted. Anahata Swimwear, INC. reserves the right to limit the quantities of certain products which you can purchase through the facilities of this Internet Site. In addition to any other rights or remedies, Anahata Swimwear, INC. may, in its sole discretion and without any limitation of liability, restrict or terminate your access to any part of this Internet Site at anytime.

    “ERRORS, INACCURACIES OR OMISSIONS”

    Anahata Swimwear, INC. makes every effort to ensure that the Content on this Internet Site is complete and current. However, Anahata Swimwear, INC. does not guarantee that the information contained on this Internet Site will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Anahata Swimwear, INC. reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, Anahata Swimwear, INC. reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is cancelled, Anahata Swimwear, INC. shall promptly issue a credit to your credit card. If you are otherwise unsatisfied with your purchase, you may return it to Anahata Swimwear, INC. Please also see our Returns/Alterations Policy.

    “PRICES”

    Please note that all prices listed on this Internet Site are for online purchases only. Furthermore, Anahata Swimwear, INC. charges sales tax for products ordered on this Internet Site based on the applicable combined federal and provincial sales tax rate of the location to which the order is being shipped. Please also see our Sales Tax Policy.

    “COLOURS & FABRICS”

    Please note that although Anahata Swimwear, INC. attempts to display the colors of the product shown on this Internet Site as accurately as possible, we cannot guarantee that the color you see matches the product color, as the display of color depends, in part, upon the type of computer monitor used by you.

    “DELIVERY”

    If shipping or delivery services are made available by Anahata Swimwear, INC., Anahata Swimwear, INC. will endeavor to ship or deliver any ordered product as quickly as possible and within any time periods indicated on our website. However, you acknowledge and agree that Anahata Swimwear, INC. will not be held responsible for any delays in shipping or delivery. Where delivery is delayed, Anahata Swimwear, INC. will notify you as soon as possible. Please also see our Shipping Policy.

    LINKS TO OTHER INTERNET SITES ARE NOT ENDORSEMENT

    This Internet Site may contain links to other Internet Sites which are provided to you for your convenience. Please note that the provision of any links to other Internet Sites does not constitute an endorsement by Anahata Swimwear, INC. of such linked Internet Sites. All such other Internet Sites are wholly independent from this Internet Site and from Anahata Swimwear, INC. and Anahata Swimwear, INC. has no control or power over such other Internet Sites including their content. If you visit any of the linked Internet Sites, we urge you to review their respective terms and conditions of use as well as their policies on privacy and security.

    ENTIRE AGREEMENT

    These Terms and Conditions, together with the Returns/Alterations Policy, Shipping Policy as well as the Security and Privacy sections of this Internet Site, constitute the entire agreement between Anahata Swimwear, INC. and you regarding the subject matter of this agreement, and supersede all prior or contemporaneous communications, whether electronic, oral or written between Anahata Swimwear, INC. and you with respect to such subject matter. In the event of a conflict between these Terms and Conditions and the Returns/Alterations Policy, these Terms and Conditions shall prevail.

    SEVERABILITY

    These Terms and Conditions shall be deemed severable. In the event that any provision of the Terms and Conditions is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

    GOVERNING LAW

    The Terms and Conditions as well as the use of this Internet Site, including any order or purchase made through this Internet Site shall be governed by the laws of the province of the United States of America applicable therein.