Terms of Service

OVERVIEW

This website is operated by Haute Swimwear LLC, doing business as Astoria Activewear (“Astoria Activewear”). Throughout the site, the terms “we”, “us” and “our” refer to Astoria Activewear. Astoria Activewear offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all 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 the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

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 of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online 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 or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (IF APPLICABLE)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household or per order.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store and to promptly update your account information as needed.
For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools “as is” and “as available” without warranties or endorsement. Any use of optional tools is at your own risk.

SECTION 8 - THIRD-PARTY LINKS

We are not responsible for third-party websites, content, or transactions. Complaints regarding third-party products should be directed to the third party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

You grant Astoria Activewear the unrestricted right to use any comments or submissions you provide. You are solely responsible for the content and accuracy of your comments.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information is governed by our Privacy Policy:
https://astoria-activewear.com/pages/privacy-policy

SMS and mobile messaging terms apply as disclosed during opt-in. SMS consent is not a condition of purchase.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

We reserve the right to correct errors and cancel orders if information is inaccurate at any time.

SECTION 12 - PROHIBITED USES

You are prohibited from using the site for unlawful purposes, infringing intellectual property, submitting false information, or interfering with site security. Violation may result in termination.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, Astoria Activewear shall not be liable for any indirect, incidental, punitive, or consequential damages.

SECTION 14 - INDEMNIFICATION

You agree to indemnify and hold harmless Astoria Activewear from any claim arising from your breach of these Terms.

SECTION 15 - SEVERABILITY

If any provision is deemed unenforceable, the remaining provisions shall remain in effect.

SECTION 16 - TERMINATION

These Terms are effective unless terminated by either party. We may terminate access at any time for violation of these Terms.

SECTION 17 - ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Astoria Activewear.

SECTION 18 - GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

SECTION 19 - DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute arising out of or relating to these Terms or your use of the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

You agree that disputes may only be brought on an individual basis, and not as a class, collective, representative, or private attorney general action.

Either party may bring qualifying claims in small claims court or seek injunctive relief for intellectual property violations.

Claims must be brought within one (1) year of accrual. If the class-action waiver is found unenforceable, this arbitration section shall be null and void.

SECTION 20 - CHANGES TO TERMS OF SERVICE

We reserve the right to update these Terms at any time. Continued use constitutes acceptance.

SECTION 21 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to hello@astoria-activewear.com