Terms of service
OVERVIEW
This website is operated by Swing Epic. Throughout the site, the terms “we”, “us” and “our” refer to Swing Epic.
Swing Epic offers this website, including all information, tools, products and services available from this site to you, conditioned upon your acceptance of the terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions and policies referenced on our website.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms.
Our store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, territory or jurisdiction of residence, or that you have given consent for any minor dependents under your responsibility to use this site.
You may not use our products or Services for any illegal or unauthorized purpose, nor may you violate any applicable laws while using our Service.
You must not transmit viruses, malware or any code of a destructive nature.
A breach or violation of these Terms may result in termination of your access to our Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any lawful reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or access to the Service without our express written permission.
The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 – INFORMATION ON OUR WEBSITE
We make reasonable efforts to ensure that information provided on our website is accurate and current. However, information may occasionally contain errors, inaccuracies or omissions.
Information provided on this site is for general information and should not be relied upon where more complete or current information is required.
We reserve the right to modify the contents of this website at any time.
SECTION 4 – PRODUCTS, PRICES AND AVAILABILITY
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue products or Services at any time.
Certain products may be available exclusively online and may have limited availability.
Many Swing Epic products are made to order specifically for the customer. Because of this, returns, replacements and refunds are handled in accordance with our Refund Policy.
We make every reasonable effort to display product colors, images and designs accurately. However, the appearance of colors may vary depending on your screen or device.
Because products are manufactured individually, minor variations in placement, color or appearance may occur and are not necessarily considered defects.
We reserve the right to limit quantities, refuse orders, discontinue products or restrict sales where reasonably necessary.
SECTION 5 – ORDERS AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel an order where reasonably necessary, including orders that appear fraudulent, unauthorized or intended for resale.
If we change or cancel an order, we may attempt to notify you using the email address, telephone number or other contact information provided when the order was placed.
You agree to provide current, complete and accurate purchase and account information so that we can process your transactions and contact you when necessary.
SECTION 6 – SHIPPING AND DELIVERY
Orders are produced and shipped according to the shipping information provided on our website and during checkout.
Delivery estimates are estimates only and may be affected by the destination, carrier delays, customs processing, weather or other circumstances outside our reasonable control.
Customers are responsible for providing a complete and accurate shipping address when placing an order.
Once an order has entered production, we may be unable to change or cancel it.
Please refer to our Shipping Policy for current dispatch times, delivery estimates and shipping information.
SECTION 7 – RETURNS, REPLACEMENTS AND REFUNDS
Swing Epic products are generally made to order specifically for each customer. Because of this, we do not normally accept returns or provide refunds for change of mind.
If an item arrives damaged, defective or incorrect, please contact us at info@swingepic.com within 30 days of receiving your order.
You may be required to provide your order number, a description of the issue and clear photographs showing the problem.
The item must be unused and kept in the condition in which it was received. The item must be returned to us before a replacement or refund is issued.
Do not send an item back without contacting us first. We will provide return instructions where applicable.
Once the returned item has been received and inspected, eligible damaged, defective or incorrect items will be replaced or refunded as appropriate.
Personalized or custom-made products are not eligible for return or refund unless they arrive damaged, defective or incorrect.
Please refer to our Refund Policy for full details.
SECTION 8 – THIRD-PARTY SERVICES AND LINKS
Certain content, tools, payment services or other Services available through our website may be provided by third parties.
Third-party links may direct you to websites that are not affiliated with Swing Epic. We are not responsible for the content, accuracy, policies or practices of third-party websites.
Any use of third-party websites or services is at your own discretion and may be subject to the terms and policies of those third parties.
SECTION 9 – CUSTOMER COMMENTS, REVIEWS AND SUBMISSIONS
If you submit reviews, comments, suggestions, photographs or other content to us, you confirm that you have the right to provide that content.
You must not submit content that is unlawful, abusive, defamatory, obscene, misleading, infringes another person's rights, or contains malware or malicious code.
We reserve the right to remove content that we reasonably consider inappropriate or in violation of these Terms.
SECTION 10 – PERSONAL INFORMATION
Your submission and use of personal information through our store is governed by our Privacy Policy.
Please refer to the Privacy Policy available on our website for information about how personal information is collected, used and protected.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, availability or other information.
We reserve the right to correct errors, inaccuracies or omissions and to update information or cancel an order if information relating to that order was materially incorrect.
Nothing in this section limits any rights that cannot lawfully be excluded.
SECTION 12 – PROHIBITED USES
You may not use our website or its content:
• for any unlawful purpose;
• to violate any applicable law or regulation;
• to infringe our intellectual property rights or the rights of others;
• to submit false or misleading information;
• to transmit viruses, malware or malicious code;
• to collect or track personal information unlawfully;
• to spam, phish, scrape or interfere with the operation or security of the website; or
• for any fraudulent, abusive or unauthorized purpose.
We reserve the right to restrict or terminate access to our Service for violations of these Terms.
SECTION 13 – INTELLECTUAL PROPERTY
Unless otherwise stated, the Swing Epic name, branding, graphics, designs, artwork, photographs, written content and other original material appearing on this website are owned by or licensed to Swing Epic.
You may not reproduce, copy, distribute, sell, modify or commercially exploit our intellectual property without prior written permission.
SECTION 14 – DISCLAIMER AND LIMITATION OF LIABILITY
We do not guarantee that our website or Service will always be uninterrupted, secure or error-free.
To the fullest extent permitted by applicable law, Swing Epic and its directors, employees, affiliates, contractors, suppliers and service providers will not be liable for indirect, incidental, special or consequential losses arising from the use of our website, Service or products.
Nothing in these Terms excludes or limits liability where such liability cannot legally be excluded or limited.
SECTION 15 – INDEMNIFICATION
You agree to indemnify and hold harmless Swing Epic and its affiliates, employees, contractors, suppliers and service providers from claims or demands arising from your breach of these Terms, violation of applicable law or infringement of the rights of another party, to the extent permitted by applicable law.
SECTION 16 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision will be enforceable to the fullest extent permitted by law.
Any unenforceable portion will be considered severed from these Terms without affecting the validity of the remaining provisions.
SECTION 17 – TERMINATION
These Terms remain effective unless terminated by you or us.
You may stop using our Services at any time.
We may suspend or terminate access to the Service where we reasonably believe these Terms have been violated.
SECTION 18 – ENTIRE AGREEMENT
These Terms of Service, together with the policies and other terms posted on our website, constitute the agreement between you and Swing Epic concerning your use of our website and Services.
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
SECTION 19 – GOVERNING LAW
These Terms of Service and any separate agreements through which Swing Epic provides products or Services shall be governed by and construed in accordance with the applicable laws of the State of Delaware, United States, without regard to conflict-of-law principles, except where mandatory consumer protection laws provide otherwise.
SECTION 20 – CHANGES TO THESE TERMS
We reserve the right to update, change or replace any part of these Terms of Service by publishing an updated version on our website.
Your continued use of the website following the publication of changes constitutes acceptance of the updated Terms, subject to applicable law.
SECTION 21 – CONTACT INFORMATION
Questions about these Terms of Service can be sent to:
Swing Epic
Email: info@swingepic.com
Phone: (302) 520-5859
Physical address:
1207 Delaware Ave #4646
Wilmington, DE 19806
United States