SWIM T3 TERMS & CONDITIONS
Last updated: July 2026
These Terms & Conditions apply to purchases made from Swim T3 through our website, retail store, events, telephone orders and any other sales channel operated by Swim T3.
By purchasing from Swim T3, using our website or placing an order with us, you agree to these Terms & Conditions.
Swim T3 is operated by Drip Dry Limited.
Nothing in these Terms & Conditions is intended to exclude, restrict or modify any rights you have under the Consumer Guarantees Act 1993, Fair Trading Act 1986, Privacy Act 2020 or any other applicable New Zealand law where those rights cannot legally be excluded.
1. PRODUCTS & PRODUCT INFORMATION
We aim to ensure that all product descriptions, photographs, specifications, sizing information, colours and prices displayed by Swim T3 are accurate.
However, there may occasionally be:
- Minor colour variations between photographs, screens and physical products;
- Manufacturing variations;
- Packaging updates;
- Product specification changes;
- Typographical errors;
- Pricing errors;
- Incorrect stock information; or
- Other unintended errors.
Colours displayed on your screen may vary from the actual product due to individual device and display settings.
Where a material error is identified before an order is supplied, Swim T3 may contact you to correct the order, offer an alternative or cancel and refund the affected item.
2. SIZING & FIT
Sizing differs considerably between brands, styles and product categories.
A size in one brand does not necessarily correspond to the same size in another brand.
This is particularly important for:
- Wetsuits;
- Racing swimsuits;
- Competition swimwear;
- Triathlon suits;
- Training swimwear;
- Fins;
- Footwear; and
- Other performance products.
Our staff are happy to provide sizing advice.
Any sizing advice is based on the measurements and information supplied by the customer and our experience with the relevant product.
Body shape, proportions, personal preference and intended use can all affect fit.
The ultimate choice of size remains the customer's responsibility unless the product supplied is different from what was ordered or otherwise fails to meet applicable consumer guarantees.
3. PRICING
All prices displayed on our New Zealand website are in New Zealand dollars unless otherwise stated.
Prices may change without notice.
Promotional prices apply only during the advertised promotional period and while stocks last.
A product becoming cheaper after purchase does not automatically entitle the purchaser to a refund of the difference.
Unless specifically advertised otherwise, Swim T3 does not provide retrospective price adjustments.
4. PROMOTIONS & DISCOUNT CODES
Discount codes and promotional offers:
- Must be used within their advertised validity period;
- May be restricted to certain products or brands;
- May exclude already discounted products;
- Cannot normally be combined unless specifically stated;
- Have no cash value;
- Cannot normally be applied retrospectively; and
- May be withdrawn or corrected where there has been an obvious error.
Where multiple discounts have been applied, the total effective discount received on the individual product will be used when determining its change-of-mind return eligibility.
5. ORDERS
Submitting an order does not necessarily mean the order has been finally accepted.
Orders are subject to:
- Payment authorisation;
- Product availability;
- Pricing verification;
- Fraud screening where applicable; and
- Acceptance by Swim T3.
We reserve the right to cancel an order before dispatch where:
- A product is unavailable;
- There is an obvious pricing error;
- Payment cannot be processed;
- The order appears fraudulent;
- An offer or discount has been incorrectly applied; or
- We otherwise cannot reasonably fulfil the order.
Where we cancel a paid order, the amount paid for the cancelled item will be refunded.
6. PRODUCT AVAILABILITY
Stock levels can change quickly, particularly during promotions and peak swimming and triathlon seasons.
Placing an item in your shopping cart does not reserve that item.
If an ordered product becomes unavailable, we will contact you and may offer:
- An alternative product;
- A later delivery where appropriate;
- Store credit if agreed; or
- A refund for the unavailable item.
7. PAYMENT
Payment must be made using one of the payment methods offered at checkout or accepted in store.
Orders will not normally be dispatched until payment has been confirmed.
Where a payment is reversed, dishonoured or charged back without proper grounds, Swim T3 reserves its rights to recover any legitimately outstanding amount.
8. CANCELLING AN ORDER
We process orders as quickly as possible.
If you wish to cancel an order, contact us immediately.
If the order has not been processed or dispatched, we will make reasonable efforts to cancel it.
Once an order has been dispatched, it can no longer normally be cancelled and will instead need to be dealt with under our Returns Policy.
Customised, personalised or special-order items may not be cancellable once production, ordering or customisation has commenced.
9. DELIVERY
Swim T3 aims to dispatch orders as quickly as reasonably possible.
Delivery estimates are estimates rather than guarantees unless expressly agreed otherwise.
Delivery may be affected by circumstances including:
- Courier delays;
- Public holidays;
- Severe weather;
- Transport disruptions;
- Rural delivery schedules;
- Customs processing;
- International freight delays; and
- Events outside our reasonable control.
Tracking information will normally be provided where available.
Customers are responsible for providing a correct and complete delivery address.
Additional costs resulting from an incorrect address supplied by the customer may be charged to the customer where legally permitted.
Nothing in this section limits any rights concerning delivery under New Zealand consumer law.
10. INTERNATIONAL ORDERS
International customers are responsible for checking whether products can legally be imported into their destination country.
Unless expressly included in the purchase price, international customers may also be responsible for:
- Customs duties;
- Import taxes;
- GST/VAT;
- Brokerage charges; or
- Other government or border fees.
International delivery times may vary significantly depending on destination and customs processing.
11. CHANGE-OF-MIND RETURNS
Swim T3 offers a voluntary change-of-mind returns policy in addition to your statutory rights.
Eligible products may be returned within 30 days of the original purchase or invoice date.
For an item to qualify for a change-of-mind return it must comply with all applicable return conditions in this policy.
Simply returning an item does not automatically mean that a return has been accepted.
All returned products are subject to inspection by Swim T3.
12. RETURN CONDITION – ORIGINAL CONDITION MEANS ORIGINAL CONDITION
For a change-of-mind return, the product must be returned in genuinely original, unused, as-new and fully resalable condition.
This includes, where applicable:
- All original swing tags attached;
- All original size tags attached;
- All original stickers attached;
- All barcode stickers attached;
- All protective stickers attached;
- All protective films intact;
- All hygiene strips intact;
- All packaging present;
- All product inserts present;
- All instructions present;
- All accessories present;
- All spare parts present;
- Original box or product packaging in saleable condition;
- No writing on the retail packaging;
- No courier labels stuck directly to retail packaging;
- No tape attached directly to retail packaging.
Products must also be:
- Unused;
- Unwashed;
- Unaltered;
- Unmodified;
- Unmarked;
- Undamaged;
- Free from odours;
- Free from deodorant;
- Free from makeup;
- Free from fake tan;
- Free from sunscreen;
- Free from lubricant;
- Free from chlorine;
- Free from salt;
- Free from sand;
- Free from pet hair;
- Free from smoke; and
- Suitable to be sold to another customer as a brand-new product.
Removing tags, stickers, hygiene strips or protective packaging before you are certain you are keeping the product may make the product ineligible for a change-of-mind return.
Please inspect and try products carefully before removing anything.
13. PROOF OF PURCHASE
Proof of purchase is required for refunds, exchanges, warranties and returns.
Proof of purchase may include:
- Original receipt;
- Tax invoice;
- Online order confirmation;
- Order number;
- Customer account purchase history; or
- Another transaction record that allows us to reasonably verify the purchase.
We will make reasonable efforts to locate purchases through our systems, but we cannot guarantee that an unrecorded or unidentified transaction can be verified.
14. FULL-PRICE PRODUCTS AND DISCOUNTS OF 25% OR LESS
Where a product is eligible for a voluntary change-of-mind return and was purchased:
- At full price; or
- At a discount of 25% or less,
the customer may request, subject to this policy:
- A refund;
- Exchange; or
- Store credit.
15. PRODUCTS DISCOUNTED BY MORE THAN 25%
This is an important condition of our sale and promotional pricing.
Where the effective discount on an individual product is more than 25% from its normal selling price, there is:
NO CHANGE-OF-MIND REFUND.
Provided the product meets all other return requirements, it may instead be:
- Exchanged for another product or size; or
- Returned for Swim T3 store credit.
There will be no cash, EFTPOS, debit-card or credit-card refund for change of mind on products discounted by more than 25%.
This includes discounts resulting from:
- Sale pricing;
- Clearance pricing;
- Promotional pricing;
- Discount codes;
- Voucher codes;
- Email promotions;
- Club promotions;
- Event promotions;
- Staff-authorised promotional discounts;
- Multi-buy promotions; or
- A combination of promotions.
This restriction applies to change-of-mind returns only.
It does not remove any rights you may have under the Consumer Guarantees Act where a product is genuinely faulty or otherwise fails to meet a statutory guarantee.
16. STORE CREDIT
Approved store credit will normally be equal to the price actually paid for the returned product.
Store credit:
- Is not normally redeemable for cash;
- Cannot retrospectively be converted into a cash refund;
- May be used toward another product;
- May be used toward a more expensive product with the customer paying the difference; and
- Does not normally include original delivery charges.
Statutory refunds for faulty products are dealt with separately and are not restricted by this store-credit policy.
17. EXCHANGES
Eligible products may be exchanged for another:
- Size;
- Colour;
- Style; or
- Product,
subject to availability.
If the replacement product costs more, the customer must pay the difference.
If it costs less, the remaining value may be issued as store credit.
We cannot guarantee that a replacement item will still be available when a return reaches us.
18. SWIMWEAR RETURNS
For hygiene reasons, all swimwear must be tried on over underwear.
Any hygiene strip, liner or protective sticker must remain attached and intact.
Swimwear cannot be accepted for a voluntary change-of-mind return if it has:
- Been worn directly against the body without underwear;
- Been worn in water;
- Been washed;
- Had its hygiene strip removed;
- Had tags removed;
- Had stickers removed;
- Been marked;
- Been stained;
- Been stretched beyond reasonable fitting;
- Been damaged; or
- Otherwise ceased to be in as-new saleable condition.
These conditions do not remove rights relating to genuinely faulty products.
19. PERFORMANCE & RACING SWIMSUITS
Performance racing suits are specialist garments.
They are intentionally designed to fit extremely tightly and may take significantly longer to put on than normal swimwear.
Difficulty putting on a racing suit does not automatically mean the product is the wrong size or faulty.
We strongly recommend being professionally fitted where possible.
For a voluntary return or sizing exchange, a racing suit must:
- Never have been used in water;
- Be completely clean and dry;
- Have all original tags attached;
- Have all stickers attached;
- Have all protective packaging;
- Have no fingernail damage;
- Have no overstretched seams;
- Have no damaged bonding or stitching;
- Have no marks or stains; and
- Remain suitable for resale as a brand-new product.
Damage caused while putting on or taking off a racing suit is not considered a manufacturing fault where the damage results from excessive pulling, fingernails, jewellery, incorrect fitting technique or other external damage.
20. WETSUITS – IMPORTANT FITTING CONDITIONS
Wetsuits are specialist performance products manufactured from soft and highly flexible materials.
Extra care is required when trying them on.
A new wetsuit is expected to fit firmly.
It may feel considerably tighter when:
- Dry;
- Standing upright; and
- First put on,
than it does once correctly positioned and swimming horizontally in the water.
A wetsuit feeling tight is not, by itself, evidence that it is faulty or incorrectly sized.
If you are unsure about fit, please contact Swim T3 before swimming in the wetsuit, cutting it, modifying it or removing its tags.
21. WETSUIT TAGS, STICKERS & ORIGINAL CONDITION
If you may need to exchange or return your wetsuit, DO NOT REMOVE ANYTHING FROM IT.
For a voluntary change-of-mind return or size exchange, a wetsuit must have:
- All original tags attached;
- All swing tags attached;
- All size stickers attached where supplied;
- All barcode stickers attached where supplied;
- All protective stickers or films intact where supplied;
- All original packaging;
- All supplied accessories;
- No alterations; and
- No evidence of use.
Do not remove tags or stickers until you have confirmed that you are keeping the wetsuit.
Once tags or stickers have been removed, a wetsuit may no longer qualify for a voluntary change-of-mind return because it can no longer necessarily be sold as brand new.
22. WETSUIT CONDITION ON RETURN
For a voluntary return, a wetsuit must:
- Never have been swum in;
- Never have been submerged in water;
- Be completely clean;
- Be completely dry;
- Be free from chlorine;
- Be free from salt water;
- Be free from sand;
- Be free from lubricant;
- Be free from sunscreen;
- Be free from deodorant;
- Have no fingernail marks;
- Have no cuts;
- Have no nicks;
- Have no tears;
- Have no stretched seams;
- Have no damaged zip;
- Have no damaged zip cord;
- Have no Velcro damage;
- Have no damage to internal lining;
- Have no damage to smoothskin surfaces;
- Have no permanent creasing caused by inappropriate handling;
- Have no alterations; and
- Be fully capable of being resold as a brand-new wetsuit.
23. PHOTOGRAPHING WETSUITS
Swim T3 may photograph wetsuits before dispatch to record their condition.
Customers are strongly encouraged to inspect the wetsuit immediately on arrival and take photographs before trying it on.
If you notice any mark, nick, cut, damaged seam, zip issue or other concern before trying the wetsuit on, contact us immediately.
This helps distinguish pre-existing product issues from damage occurring during fitting or use.
24. FINGERNAIL DAMAGE TO WETSUITS
Performance neoprene and smoothskin materials can be damaged by fingernails.
Small crescent-shaped cuts or nicks are a common form of accidental fitting damage.
Take your time when fitting your wetsuit.
Where fitting gloves are supplied or available, we recommend using them.
Use the palms and pads of your fingers rather than your fingernails to move the wetsuit material.
Cuts or nicks caused by fingernails are not manufacturing defects.
25. JEWELLERY & SHARP OBJECTS
Before putting on a wetsuit, remove items that could damage it, including:
- Rings;
- Watches;
- Bracelets;
- Sharp jewellery; and
- Other items capable of catching or cutting neoprene.
Damage caused by sharp objects is not a manufacturing defect.
26. PUTTING ON A WETSUIT
Correct positioning is critical.
The wetsuit should be gradually worked upward from the lower legs.
Material should be progressively moved up the legs before pulling the suit fully into the torso.
Do not simply pull excessively from the top of the wetsuit.
Correctly positioning the crotch, hips, torso and shoulders will substantially affect how the wetsuit feels.
Where possible, follow Swim T3's wetsuit fitting instructions or ask our team for assistance.
27. WETSUIT ZIPS
Wetsuit zips must be used carefully.
Do not force a zip closed where the wetsuit has not been correctly positioned.
Excessive force can damage:
- Zip teeth;
- Zip sliders;
- Zip bases;
- Zip seams; and
- Surrounding neoprene.
Damage resulting from excessive force, incorrect fitting or improper operation of the zip is not normally considered a manufacturing fault.
28. DO NOT CUT OR ALTER YOUR WETSUIT UNTIL YOU ARE CERTAIN
Some swimmers choose to shorten wetsuit legs or make other permitted alterations after purchase.
Once a wetsuit has been cut, trimmed, glued, stitched, marked, customised or otherwise altered, it cannot be returned for change of mind or incorrect sizing.
Make absolutely certain you are happy with:
- Size;
- Fit;
- Model;
- Flexibility;
- Length; and
- Performance requirements
before altering your wetsuit.
Alteration may also affect warranty coverage where the alteration causes or contributes to a subsequent issue.
29. WETSUIT LUBRICANTS
Only products suitable for use with wetsuits should be used.
Petroleum-based products and other chemicals may damage neoprene, adhesives, coatings or seams.
Damage resulting from inappropriate lubricant or chemicals is not considered a manufacturing fault.
30. WETSUIT CARE
To maximise wetsuit life:
- Rinse thoroughly in fresh water after use;
- Dry in the shade;
- Avoid prolonged direct sunlight;
- Dry inside-out first;
- Allow both sides to dry;
- Store in a cool location;
- Avoid unnecessary folding or crushing;
- Do not leave wet in a bag;
- Keep Velcro away from internal lining;
- Avoid fingernails and sharp objects;
- Avoid excessive exposure to chlorine;
- Do not machine wash;
- Do not tumble dry;
- Do not iron;
- Do not bleach; and
- Do not use ordinary laundry detergent unless specifically approved for wetsuits.
Heat, prolonged sun exposure, chlorine, chemicals and poor storage can accelerate deterioration.
31. GOGGLES
Before swimming in goggles, check their fit carefully.
Goggles that have been used in water cannot normally be returned for change of mind.
Anti-fog coatings are delicate.
Do not:
- Rub the inside of the lenses;
- Wipe the anti-fog coating;
- Scratch the inside surface; or
- Use inappropriate cleaning chemicals.
Gradual deterioration of anti-fog performance through use is not necessarily a manufacturing fault.
32. HYGIENE-SENSITIVE PRODUCTS
Certain products cannot be returned for change of mind once opened or used where doing so would create a hygiene concern or make the item unsuitable for resale.
This may include:
- Ear plugs;
- Nose clips;
- Personal-care products;
- Opened hygiene products;
- Certain swim accessories; and
- Products worn directly against the body.
This does not affect legal rights where the product is faulty.
33. RETURN SHIPPING
For voluntary change-of-mind returns, the customer is responsible for:
- Return freight;
- Appropriate packaging; and
- The item until it has been safely received by Swim T3.
We strongly recommend tracked shipping.
Swim T3 is not responsible for a return parcel that is lost before reaching us.
34. ORIGINAL DELIVERY COSTS
Original delivery charges are not normally refundable for a change-of-mind return.
Where Swim T3 supplied the wrong item or where a return is required because of a product failure for which we are responsible, applicable reasonable freight costs will be dealt with in accordance with New Zealand consumer law.
35. RETURN PACKAGING
Please protect products carefully when returning them.
Do not:
- Stick courier labels directly onto a shoe box or product box;
- Write directly on retail packaging;
- Tape directly over product labels; or
- Damage packaging that forms part of the product.
Where retail packaging has been unnecessarily damaged and the product can no longer reasonably be sold as new, a voluntary return may be declined.
36. RETURN INSPECTION
Every return is inspected.
A returned item is not deemed accepted simply because it has been delivered to Swim T3.
If a product fails to meet our voluntary return requirements, we may:
- Decline the return;
- Return the item to the customer;
- Discuss alternative options;
- Offer a reduced discretionary credit where appropriate; or
- Otherwise deal with the product as agreed.
Any discretionary exception made on one occasion does not require Swim T3 to make the same exception in the future.
37. WRONG ITEM SUPPLIED
If Swim T3 sends you the wrong product, please contact us as soon as reasonably possible.
Do not use the incorrectly supplied product.
We will arrange the appropriate correction and will cover reasonable return freight costs where the error is ours.
38. DAMAGED DELIVERY
Please inspect products promptly after delivery.
If a parcel or product appears to have been damaged in transit, contact us as soon as reasonably possible and provide photographs of:
- The outer packaging;
- Courier label;
- Internal packaging; and
- Damaged product.
Do not discard packaging until the issue has been assessed.
39. FAULTY PRODUCTS & CONSUMER GUARANTEES
If you believe a product is faulty, please contact Swim T3.
We may ask you to provide:
- Proof of purchase;
- Photographs;
- Video;
- A description of the issue;
- Details of use;
- Product-care information; and/or
- The product itself for inspection.
Swim T3 is entitled to reasonably assess an alleged fault before determining the appropriate remedy.
Where the product fails to meet a guarantee under the Consumer Guarantees Act, Swim T3 will provide the remedy required by law.
The appropriate remedy may depend on the nature and seriousness of the failure.
40. A WARRANTY CLAIM IS DIFFERENT FROM A CHANGE-OF-MIND RETURN
Our voluntary returns policy and product warranties are separate.
A customer cannot convert accidental damage, misuse, normal wear or a change of mind into a warranty claim simply because the product cannot be returned under the change-of-mind policy.
Likewise, the conditions of our voluntary change-of-mind policy do not remove statutory rights relating to genuinely faulty products.
41. PRODUCT WARRANTIES
Any express manufacturer or Swim T3 warranty is provided in addition to rights available under New Zealand law.
Warranty periods do not replace or limit rights under the Consumer Guarantees Act where that Act applies.
Unless a product or manufacturer specifies otherwise, warranty claims are assessed according to:
- Product age;
- Nature of the product;
- Nature of the alleged fault;
- Expected durability;
- Frequency of use;
- Product care;
- Conditions of use; and
- Whether the issue resulted from manufacture or subsequent damage.
42. WETSUIT WARRANTY
Where an express 12-month wetsuit warranty applies, it generally relates to genuine manufacturing issues such as:
- Manufacturing seam failures;
- Stitching defects;
- Manufacturing defects in zip installation; and
- Other verified manufacturing defects.
This manufacturer's warranty is additional to statutory consumer rights.
43. WETSUIT ISSUES GENERALLY NOT CONSIDERED MANUFACTURING FAULTS
Examples include:
- Fingernail cuts;
- Fingernail nicks;
- Cuts from jewellery;
- Cuts from sharp objects;
- Accidental tears;
- Damage from excessive pulling;
- Damage caused when dressing;
- Zip damage caused by excessive force;
- Velcro snagging;
- Damage caused by inappropriate lubricant;
- Damage caused by petroleum products;
- Heat damage;
- Sun damage;
- Chlorine degradation;
- Chemical damage;
- Incorrect washing;
- Machine washing;
- Tumble drying;
- Poor storage;
- Mould resulting from improper storage;
- Damage from leaving a wetsuit wet for extended periods;
- Damage caused by another person;
- Commercial or rental use where not approved;
- Normal wear and tear;
- Surface scratching;
- Cosmetic fading; and
- Damage caused by unauthorised alteration or repair.
A small fingernail nick does not automatically mean the entire wetsuit is defective.
Repair options may be available for minor accidental damage.
44. NORMAL WEAR & TEAR
Products used for swimming, triathlon and open-water activity will naturally experience wear.
Normal wear and tear is not the same as a manufacturing defect.
The expected life of a product can vary depending on:
- Frequency of use;
- Environment;
- Chlorine exposure;
- Saltwater exposure;
- Sun exposure;
- Storage;
- Care;
- Body oils;
- Abrasion; and
- General treatment.
45. UNAUTHORISED REPAIRS & ALTERATIONS
Where a customer arranges an unauthorised repair or modifies a product before giving Swim T3 a reasonable opportunity to inspect an alleged fault, this may affect the customer's warranty claim where the repair or modification causes, obscures or contributes to the problem.
Examples include:
- Gluing;
- Stitching;
- Cutting;
- Heat transfer;
- Printing;
- Embroidery;
- Structural modifications; and
- Third-party repairs.
This does not exclude rights that cannot legally be excluded.
46. BUNDLE & MULTI-BUY RETURNS
Where products are purchased under:
- Buy-one-get-one promotions;
- Multi-buy promotions;
- Bundles;
- Package discounts;
- Spend-and-save offers; or
- Similar promotions,
returning only part of the qualifying purchase may mean the original promotion no longer applies.
Where legally permitted for a voluntary return, the remaining items may be recalculated at the price that would have applied without the returned product.
47. FREE GIFTS
Where a purchase includes a promotional gift, returning the qualifying purchase for a voluntary refund may require the promotional product to be returned as well.
The promotional item must be:
- Unused;
- Complete;
- In original condition; and
- In its original packaging.
Where the promotional product is not returned, Swim T3 may deduct its advertised or reasonable value from a voluntary refund or credit where legally permitted.
48. GIFT CARDS & VOUCHERS
Gift cards, vouchers and store credits are not normally redeemable for cash.
Where a voluntary return relates to an item purchased using a gift card or store credit, the refund will generally be returned to store credit rather than paid in cash.
This does not limit any statutory remedy that requires a different outcome.
49. SPECIAL ORDERS
Products specifically ordered for a customer and not normally stocked may not be returnable for change of mind.
We will advise where an order is considered a special order.
Once a special order has been confirmed with the supplier, it may not be cancellable.
This does not affect rights relating to genuinely faulty or incorrectly supplied products.
50. CUSTOMISED PRODUCTS
Personalised, customised, printed, embroidered, altered or otherwise specially manufactured products cannot normally be returned because of change of mind.
This includes products customised at the customer's request.
51. WETSUIT HIRE
Wetsuit hire is subject to availability.
A security bond or deposit may be required.
The customer is responsible for the wetsuit from collection until it is returned and accepted by Swim T3.
Hire wetsuits should be:
- Used only for their intended purpose;
- Fitted carefully;
- Used with approved wetsuit-safe lubricant only;
- Returned clean;
- Returned rinsed;
- Returned dry where reasonably possible;
- Returned with all supplied accessories; and
- Returned by the agreed date.
Swim T3 may photograph hire wetsuits before and after hire.
Customers should inspect the wetsuit at collection and advise us immediately of any existing damage.
52. HIRE WETSUIT DAMAGE
The customer may be responsible for repair or replacement costs where a hire wetsuit is:
- Lost;
- Stolen;
- Cut;
- Torn;
- Nicked by fingernails;
- Damaged by jewellery;
- Damaged by inappropriate lubricant;
- Damaged by excessive heat;
- Damaged through negligence;
- Altered;
- Not returned; or
- Damaged beyond normal reasonable hire wear.
Any applicable amount may be deducted from the bond or separately charged where appropriate.
53. HIRE DEPOSIT
Where a refundable hire deposit is taken, it will be returned after the wetsuit has been received and inspected, less any properly chargeable amount.
Where offered by Swim T3, a customer who decides to purchase the hire wetsuit may be able to apply the deposit toward the purchase.
Specific hire terms provided at the time of hire will form part of the hire agreement.
54. WEBSITE ACCOUNTS
Customers may be able to create an online account.
You are responsible for:
- Keeping passwords confidential;
- Protecting access to your account; and
- Advising us if you believe your account has been compromised.
Customers may also be able to purchase as a guest where that option is available.
55. WEBSITE USE
You must not misuse our website.
You must not knowingly:
- Introduce malicious software;
- Attempt unauthorised access;
- Interfere with website operation;
- Scrape the website in a manner that causes unreasonable disruption;
- Attempt fraudulent transactions; or
- Use the website for unlawful purposes.
56. INTELLECTUAL PROPERTY
Unless otherwise stated, website content belonging to Swim T3, including:
- Text;
- Product descriptions;
- Photography;
- Graphics;
- Logos;
- Layout;
- Videos;
- Guides; and
- Other original material,
may not be commercially reproduced without permission.
Third-party trademarks and materials remain the property of their respective owners.
57. PRIVACY
Swim T3 collects and uses personal information for legitimate business purposes associated with operating our business.
This may include information required to:
- Process orders;
- Take payment;
- Deliver purchases;
- Manage customer accounts;
- Respond to enquiries;
- Process returns;
- Assess warranty claims;
- Prevent fraud;
- Provide customer support;
- Maintain business records; and
- Send marketing where permitted.
We will handle personal information in accordance with applicable New Zealand privacy law.
58. INFORMATION WE MAY COLLECT
Depending on how you interact with Swim T3, information may include:
- Name;
- Email address;
- Telephone number;
- Delivery address;
- Billing address;
- Purchase history;
- Product preferences;
- Customer communications;
- Website activity;
- Device or browser information;
- Order and payment transaction information; and
- Other information you voluntarily provide.
We seek to collect only information reasonably necessary for our business activities.
59. PAYMENT INFORMATION
Payments may be processed through third-party payment providers.
Swim T3 does not necessarily receive or retain complete payment-card information.
Payment providers may independently collect and process information under their own privacy and security policies.
60. THIRD-PARTY SERVICE PROVIDERS
We may provide necessary information to service providers that assist us in operating the business, including:
- Website and e-commerce providers;
- Payment processors;
- Courier companies;
- IT providers;
- Marketing platforms;
- Accounting providers;
- Fraud-prevention providers; and
- Other business service providers.
Information will only be used or disclosed as permitted under applicable privacy law.
61. MARKETING COMMUNICATIONS
Where you have consented, or where another lawful basis permits it, Swim T3 may send information about:
- Products;
- Offers;
- Events;
- Promotions;
- Swim-related services; and
- Other relevant Swim T3 communications.
Commercial electronic marketing communications will include an unsubscribe facility where required.
You can unsubscribe using the link contained in the message.
62. COOKIES
Our website may use cookies and similar technologies to:
- Operate the website;
- Maintain shopping carts;
- Remember preferences;
- Understand website usage;
- Improve customer experience; and
- Support marketing and analytics.
Browser settings may allow you to restrict cookies, although doing so may affect website functionality.
63. ACCESSING OR CORRECTING PERSONAL INFORMATION
Where applicable under the Privacy Act, customers may request access to personal information held about them and request correction of inaccurate information.
Privacy enquiries can be directed to:
64. WEBSITE SECURITY
We take reasonable measures to protect customer information and online transactions.
However, no online system can be guaranteed to be completely secure.
Customers should take appropriate precautions when using online services, including protecting account passwords and devices.
65. EVENTS & THIRD-PARTY LINKS
Our website may contain links to external websites or services.
Those websites are operated independently and may have their own terms and privacy policies.
Swim T3 is not responsible for the content or operation of third-party websites except to the extent required by law.
66. PRODUCT USE
Customers are responsible for using products appropriately and in accordance with:
- Manufacturer instructions;
- Product warnings;
- Care instructions;
- Swim T3 guidance; and
- Normal safe-use practices.
Swimming and open-water activities carry inherent risks.
Products such as wetsuits, goggles, tow floats or other swimming equipment do not remove the need for appropriate swimming ability, supervision, judgement and safety precautions.
67. LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits liability where doing so would be unlawful.
To the maximum extent permitted by law, Swim T3 is not responsible for loss resulting from:
- Customer misuse;
- Failure to follow product instructions;
- Improper product care;
- Unauthorised modification;
- Accidental damage;
- Use of a product for an unintended purpose; or
- Circumstances outside Swim T3's reasonable control.
Any limitation in these Terms is subject to rights and remedies that cannot lawfully be excluded.
68. BUSINESS PURCHASES
Where products or services are acquired for business purposes, and where permitted by law and fair and reasonable in the circumstances, the parties agree that applicable consumer protections that may legally be contracted out of will not apply.
This clause does not apply to ordinary consumer purchases for personal, domestic or household use.
69. EVENTS OUTSIDE OUR CONTROL
Swim T3 is not responsible for delay or inability to perform a contractual obligation where performance is prevented by circumstances genuinely outside our reasonable control, subject to any rights that cannot legally be excluded.
Examples may include:
- Natural disasters;
- Severe weather;
- Transport disruption;
- Government restrictions;
- Major telecommunications failure;
- Courier network disruption;
- Industrial action; or
- Other extraordinary events.
70. CHANGES TO THESE TERMS
Swim T3 may update these Terms & Conditions from time to time.
Changes will apply from the date the updated terms are published.
The terms applying to a particular completed purchase will generally be the terms applicable when that purchase was made, subject to applicable law.
71. SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
72. NEW ZEALAND LAW
These Terms & Conditions are governed by New Zealand law.
Nothing in these Terms limits any rights available under applicable New Zealand consumer legislation.
73. CONTACTING SWIM T3
For questions relating to:
- Orders;
- Returns;
- Exchanges;
- Sizing;
- Warranties;
- Product issues;
- Privacy; or
- These Terms & Conditions,
please contact:
Swim T3
Email: info@swimt3.co.nz
When contacting us about an existing purchase, please include your order number or proof of purchase wherever possible.
IMPORTANT RETURN SUMMARY
For clarity:
FULL PRICE OR UP TO 25% OFF
Eligible change-of-mind returns within 30 days may receive:
Refund | Exchange | Store Credit
Subject to all return conditions.
MORE THAN 25% OFF
Eligible change-of-mind returns within 30 days may receive:
Exchange | Store Credit
NO CHANGE-OF-MIND REFUND.
ALL CHANGE-OF-MIND RETURNS
Products must be:
Unused. Unworn. Unwashed. Unaltered. In original condition. All tags attached. All stickers attached. All packaging included. Fully resalable as new.
For wetsuits:
Do not swim in it. Do not remove the tags. Do not remove the stickers. Do not cut it. Do not alter it. Do not damage it with fingernails. Do not force the zip.
If you are unsure about the fit, contact Swim T3 before doing any of the above.
These voluntary return conditions do not restrict your rights where a product genuinely fails to meet a guarantee under New Zealand consumer law.