Terms of service
These Terms & Conditions apply to your use of the Fiola Rose Swim website and to purchases made through fiolaroseswim.com.
Fiola Rose Swim is operated by Labron Enterprises Pty Ltd, trading as Fiola Rose Swim.
By accessing our website or placing an order with Fiola Rose Swim, you agree to these Terms & Conditions.
About Us
Fiola Rose Swim is an Australian swimwear and lifestyle brand operated by Labron Enterprises Pty Ltd.
Throughout these Terms, “Fiola Rose Swim”, “we”, “us” and “our” refer to Labron Enterprises Pty Ltd trading as Fiola Rose Swim. “You” and “your” refer to visitors to our website and customers purchasing our products.
Online Store
Our online store is hosted using Shopify, which provides the ecommerce platform through which we offer our products for sale.
When placing an order, you must provide current, complete and accurate information.
You are responsible for ensuring that your delivery address, contact details and other information supplied at checkout are correct.
Products
We make every reasonable effort to display our products, colours, descriptions and images as accurately as possible.
However, colours and appearance may vary depending on your device, screen settings, lighting and other factors.
Measurements and sizing information are provided as a guide. Where available, we recommend referring to our size guide before purchasing.
We reserve the right to modify or discontinue products and to limit quantities available for purchase.
Pricing
All prices displayed on our website are in Australian dollars (AUD) unless otherwise stated.
Prices may change from time to time without notice.
Any applicable shipping charges will be displayed at checkout before you complete your purchase.
For international orders, customs duties, import taxes or other charges may apply. Please refer to our Shipping Policy for further information.
Orders
Submitting an order does not necessarily mean that we have accepted it.
We reserve the right to refuse or cancel an order where reasonably necessary, including where:
• a product is unavailable;
• there is an error in pricing or product information;
• we suspect fraudulent or unauthorised activity;
• payment cannot be authorised; or
• an order appears to have been placed for unauthorised resale or other improper purposes.
If we cancel an order after payment has been received, we will refund the relevant amount using the original payment method where reasonably possible.
Payment
Payment must be made using one of the payment methods available at checkout.
Payments are processed through authorised third-party payment providers. Your use of a particular payment service may also be subject to that provider’s terms and conditions.
Shipping & Delivery
Orders are delivered in accordance with our Shipping Policy.
Delivery timeframes are estimates and may be affected by circumstances outside our reasonable control, including carrier delays, customs processing, weather events and other disruptions.
Nothing in these Terms excludes any rights you may have under applicable consumer law in relation to delivery.
Returns, Exchanges & Refunds
Returns, exchanges and refunds are handled in accordance with our Returns & Refund Policy and applicable Australian Consumer Law.
Any voluntary change-of-mind return policy offered by Fiola Rose Swim operates in addition to, and does not limit, rights you may have under Australian Consumer Law.
Faulty Products & Australian Consumer Law
Our products come with guarantees that cannot be excluded under the Australian Consumer Law.
If a product has a major failure, you may be entitled to reject the product and choose a refund or replacement, as provided by law.
For problems that are not major failures, we may be entitled to provide a repair or replacement within a reasonable time where applicable.
Nothing in these Terms & Conditions is intended to exclude, restrict or modify any consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified.
If you believe you have received a faulty, damaged or incorrectly supplied product, please contact us at hello@fiolaroseswim.com.
Promotions & Discount Codes
Promotions and discount codes may be subject to additional terms, including commencement and expiry dates, minimum purchase requirements, product exclusions or other conditions.
Unless otherwise stated, promotional offers cannot be combined.
We reserve the right to withdraw or amend a promotion where reasonably necessary, including where an error has occurred or where misuse or fraudulent activity is suspected.
Nothing in this section affects rights available under Australian Consumer Law.
Intellectual Property
Unless otherwise indicated, the content of this website — including our branding, logos, product names, designs, photographs, graphics, text and other material — is owned by or licensed to Labron Enterprises Pty Ltd trading as Fiola Rose Swim and is protected by applicable intellectual-property laws.
You may access and use the website for personal, non-commercial purposes.
You must not reproduce, distribute, modify, publish, commercially exploit or otherwise use our website content without our prior written permission, except where permitted by law.
Third-party trademarks, images and other materials remain the property of their respective owners.
User Content & Reviews
If you submit a review, photograph, testimonial, comment or other content to us or through our website, you confirm that you have the right to provide that material and that it does not unlawfully infringe the rights of another person.
Where you expressly submit content for publication or promotional use, you grant Fiola Rose Swim permission to use that content for the purpose for which it was provided, subject to applicable law.
We reserve the right to moderate or remove content that is unlawful, abusive, misleading, defamatory, infringing or otherwise inappropriate.
Privacy
Your personal information is handled in accordance with our Privacy Policy.
By using our website, you acknowledge that information may be processed by third-party providers necessary to operate our ecommerce business, subject to applicable privacy laws and the providers’ respective privacy practices.
Third-Party Links & Services
Our website may contain links to third-party websites or use services provided by third parties.
Fiola Rose Swim is not responsible for the content, availability, security or privacy practices of third-party websites that we do not control.
Your use of third-party services may be governed by separate terms and privacy policies.
Website Availability
We aim to keep our website accurate and available, but we do not guarantee that access will always be uninterrupted or error-free.
We may update, suspend or modify parts of the website where reasonably necessary.
Prohibited Use
You must not use our website:
• for unlawful or fraudulent purposes;
• to infringe another person’s intellectual-property or other legal rights;
• to transmit malicious software or harmful code;
• to interfere with the security or operation of the website;
• to collect information about other users unlawfully; or
• in any way that breaches applicable law.
Liability
To the maximum extent permitted by law, Labron Enterprises Pty Ltd trading as Fiola Rose Swim will not be liable for losses that are indirect or consequential and were not reasonably foreseeable as arising from your use of our website or products.
However, nothing in these Terms excludes, restricts or modifies any liability, consumer guarantee, right or remedy that cannot lawfully be excluded, restricted or modified, including under the Australian Consumer Law.
Indemnity
To the extent permitted by law, you agree to indemnify Labron Enterprises Pty Ltd trading as Fiola Rose Swim against reasonable loss or expense arising directly from your unlawful use of our website or your material breach of these Terms & Conditions.
This provision does not limit any rights you have under applicable consumer law.
Changes to These Terms
We may update these Terms & Conditions from time to time to reflect changes to our business, website, services or legal requirements.
The current version will be published on this website and will apply from the date it is posted, subject to applicable law.
Governing Law
These Terms & Conditions are governed by the laws of New South Wales, Australia.
Any dispute relating to these Terms will be subject to the jurisdiction of the courts and tribunals of New South Wales and any courts entitled to hear appeals from them, subject to any rights you may have under applicable consumer law.
Contact
If you have any questions regarding these Terms & Conditions, please contact:
Fiola Rose Swim Labron Enterprises Pty Ltd Email: hello@fiolaroseswim.com