Terms

TERMS OF SERVICE

WELCOME TO ASHERAHSWIMWEAR.COM! ASHERAH SWIMWEAR, LLC (“ASHERAH SWIMWEAR,” “WE,” “US,” OR “OUR”) OFFERS THIS WEBSITE TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“TERMS OF SERVICE” OR “TERMS”). PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MAY NOT USE THIS SITE OR PURCHASE OUR PRODUCTS.

Asherah Swimwear reserves the right, in our sole discretion, to change or update these Terms at any time. Any changes are effective when posted on this page. Your continued use of the website after changes are posted constitutes your acceptance of the revised Terms. If you have any questions regarding these Terms, please contact us at CustomerService@AsherahSwimwear.com.

By placing an order, creating an account, or clicking any button or checkbox indicating your agreement to these Terms, you acknowledge that you have read, understood, and agree to be bound by them.

GENERAL USE RESTRICTIONS:

All content on this website, including but not limited to text, graphics, logos, images, videos, design, and overall look and feel (collectively, the “Materials”), is owned by Asherah Swimwear or our licensors and is protected by copyright, trademark, and other intellectual property laws.

Asherah Swimwear grants you a limited, personal, non-exclusive, non-transferable license to access and use the website and Materials for your own personal, non-commercial use. Except as expressly permitted in these Terms, you may not copy, download, reproduce, modify, distribute, transmit, display, perform, publish, create derivative works from, or otherwise exploit any part of the website or Materials without our prior written consent.

This limited license will automatically terminate if you breach these Terms. Upon termination, you must immediately stop using the website and destroy any copies of Materials in your possession.

You agree not to “frame,” “mirror,” or otherwise display this website or any Materials on any other server or internet-based device without our prior written authorization.

USER CONTENT

You are solely responsible for any content you submit, post, upload, publish, email, or otherwise make available through or in connection with this website, including but not limited to photos, reviews, comments, messages, and social media content tagged with our brand (collectively, “User Content”).

You may only submit User Content that you own or have permission to use. By submitting User Content, you represent and warrant that:

You own or have the necessary rights and permissions to grant the license described below; and
Your User Content does not violate any third-party rights, including privacy, publicity, copyright, or trademark rights, and does not contain unlawful, defamatory, obscene, hateful, harassing, or otherwise objectionable material.

By posting or submitting User Content, you grant Asherah Swimwear a worldwide, perpetual, irrevocable, non-exclusive, fully paid, royalty-free, transferable license (with the right to sublicense) to use, copy, modify, adapt, publish, translate, create derivative works from, distribute, display, and perform such User Content, in whole or in part, in any media now known or later developed, for any lawful purpose including marketing, advertising, and promotion.

We may, but have no obligation to, monitor, edit, or remove any User Content in our sole discretion. You are solely responsible for maintaining backup copies of your User Content. Asherah Swimwear will not be liable for any loss or damage to User Content.

You agree not to submit User Content that:

is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, or otherwise objectionable;
infringes any intellectual property or other proprietary rights of any party;
impersonates any person or entity;
contains viruses or malicious code; or
constitutes unsolicited or unauthorized advertising, promotional materials, or spam.

ONLINE STORE TERMS

By using this website and/or purchasing something from us, you engage in our services (collectively, the “Service”) and agree to be bound by these Terms, including any additional terms and policies referenced here or available by hyperlink, such as our Privacy Policy and Return Policy.

By agreeing to these Terms, 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 and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products or Services for any illegal or unauthorized purpose, and you may not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to intellectual property laws). You must not transmit any worms, viruses, or destructive code.

Any breach or violation of these Terms may result in an immediate termination of your access to the Services.

ACCOUNT REGISTRATION

Use of certain features may require you to create an account and provide registration details, including a valid email address and password. You agree to:

provide accurate, current, and complete information;
maintain and promptly update your information; and
maintain the confidentiality of your password and account.

You are responsible for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, suspend, or terminate accounts at our sole discretion.

PRODUCTS, PRICING & AVAILABILITY

All products and services are subject to availability, and we reserve the right to limit quantities, discontinue products, or modify designs at any time without notice.

We make reasonable efforts to display the colors and details of our products accurately; however, we cannot guarantee that your device’s display will accurately reflect actual colors or finishes.

All descriptions of products and pricing are subject to change at any time without notice, at our sole discretion. 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 will meet your expectations, or that any errors in the Service will be corrected.

ORDERS & CANCELLATIONS

Your order is an offer to purchase products from us. We may accept or decline your order in our sole discretion. If we do not accept your order, we will cancel it and issue a refund, if applicable.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed using the same account, the same payment method, and/or orders that use the same billing or shipping address. If we make a change to or cancel an order, we may attempt to notify you using the contact information you provided at the time the order was placed.

We also reserve the right to refuse or cancel any order that appears to be placed by dealers, resellers, or distributors.

PRICING, TAXES & PROMOTIONS

Prices displayed on the site are in U.S. dollars unless otherwise indicated. Posted prices do not include taxes, shipping, or handling charges. Applicable taxes and shipping costs will be added at checkout and shown before you complete your purchase.

We strive to display accurate pricing, but errors may occur. We reserve the right to correct any errors, inaccuracies, or omissions and to cancel any orders resulting from such errors, even after an order has been submitted.

From time to time, we may offer promotions, discounts, or special offers subject to separate terms. If there is a conflict between the promotion terms and these Terms, the promotion terms will control for that specific promotion.

PAYMENT

We accept most major credit cards and other payment methods as shown at checkout, including Shop Pay and PayPal, where available. By providing a payment method, you represent and warrant that:

you are authorized to use the payment method;
the payment information is true and accurate; and
charges incurred by you will be honored by your payment provider.

If your payment is declined, we may cancel your order.

Shop Pay Disclosure: Rates from 0% APR or 10–36% APR. Payment options through Shop Pay Installments are subject to an eligibility check and are provided by lending partners listed at affirm.com/lenders. Options depend on your purchase amount, and a down payment may be required. State notices to consumers are available at affirm.com/licenses.

SHIPPING, TITLE & RISK OF LOSS

Shipping options, costs, and estimated delivery times are presented at checkout. Any shipping times shown are estimates only and are not guaranteed.

Title and risk of loss for products pass to you upon our delivery of the products to the carrier (such as UPS, USPS, DHL, or FedEx). Once the package has been scanned by the carrier, the shipment is considered delivered to you. You are responsible for filing any claims with carriers for lost or damaged shipments.

For information about returns, exchanges, and final sale items, please review our current Shipping & Returns Policy: https://asherahswimwear.com/pages/returns-exchanges

RETURNS AND EXCHANGES

Our current return and exchange terms are set forth in our Shipping & Returns Policy, which is incorporated into these Terms by reference and available at:
https://asherahswimwear.com/pages/returns-exchanges

By placing an order, you agree to the return and exchange terms in effect at the time of your purchase, including any final sale exclusions.

PRIVACY

Your submission of personal information through the website and your use of the Services are governed by our Privacy Policy, which is incorporated into these Terms by reference and available at:
https://asherahswimwear.com/pages/privacy

THIRD-PARTY SERVICES & LINKS

Our website may contain links to third-party websites, services, or applications that are not owned or controlled by Asherah Swimwear. These links are provided for convenience only. We do not endorse or make any representations about third-party sites, and we are not responsible for their content, privacy practices, or terms.

Any dealings you have with third parties, including payment providers, shipping carriers, social media platforms, or referral partners, are solely between you and such third parties. You agree that Asherah Swimwear is not liable for any loss or damage arising from your dealings with third parties.

TEXT TERMS & CONDITIONS (SMS)

By signing up to receive text messages from Asherah Swimwear, you agree to receive recurring automated promotional and personalized marketing messages (e.g., cart reminders, special offers) at the mobile number used when signing up. Consent is not a condition of any purchase. Message and data rates may apply. Message frequency may vary.

You may opt out at any time by replying STOP to any message. Reply HELP for help or contact us at CustomerService@AsherahSwimwear.com.

Your participation in our SMS program is also subject to our Privacy Policy.

REFERRAL, PROGRAM TERMS & CONDITIONS

From time to time, we may offer a referral program that allows customers to earn rewards for referring new customers.

Referrer:
To earn a referral reward, a referrer must share their unique referral link or code with a friend or family member. The referred customer must be a new customer to Asherah Swimwear, access the site through the referral link or use the referral code, and complete a qualifying purchase in accordance with program terms. Referral rewards, eligibility, and reward amounts are subject to change and may be limited per person or per household. Referral links or codes may not be posted on coupon sites or used in a misleading or abusive manner. We reserve the right to cancel referrals and rewards if we suspect fraud, abuse, or violation of these Terms.

Referred Customer:
A referred customer may receive a one-time discount or reward as described in the referral offer, subject to any exclusions or conditions listed in the offer. Referral discounts are typically valid on full-price merchandise only, cannot be combined with certain other promotions, and may not be applied to prior purchases, gift cards, or taxes and shipping.

Rewards have no cash value, are non-transferable, and may be subject to expiration or cancellation at our discretion. Any tax liability related to rewards is the responsibility of the recipient.

We reserve the right to modify or end the referral program at any time.

INTELLECTUAL PROPERTY

Unless otherwise noted, all content on this website, including trademarks, logos, service marks, product names, and trade dress, is the property of Asherah Swimwear, LLC or our licensors and is protected by U.S. and international laws. You may not use any Asherah Swimwear trademarks or trade dress without our prior written consent.

If you believe that content on our website infringes your copyright, please contact us with sufficient detail so we can evaluate and respond to your request in accordance with applicable law.

DISCLAIMER OF WARRANTIES

YOUR USE OF THIS WEBSITE, THE SERVICE, AND ANY PRODUCTS OBTAINED THROUGH THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, SERVICE, AND ALL CONTENT, MATERIALS, AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, ASHERAH SWIMWEAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, ASHERAH SWIMWEAR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE SERVICE, OR ANY PRODUCTS PURCHASED, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE WEBSITE, SERVICE, OR PRODUCTS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE PRODUCT OR SERVICE GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Asherah Swimwear, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the website or Services; (b) your purchase or use of any products; (c) your violation of these Terms; or (d) your violation of any rights of any third party.

GOVERNING LAW & DISPUTE RESOLUTION

If you are located in the United States or Canada, these Terms and any disputes arising out of or relating to your use of the website, the Services, or any products shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles.

If a dispute arises that cannot be resolved informally, the parties agree to attempt to resolve it through mediation in Dallas, Texas, with a mutually agreed-upon mediator. If mediation is unsuccessful, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in Dallas County, Texas, and you hereby consent to the jurisdiction and venue of such courts.

To the fullest extent permitted by law, you agree that any claim or cause of action arising out of or related to use of the website or Services must be filed within one (1) year after such claim or cause of action arose, or be forever barred.

SEVERABILITY & NO WAIVER

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

ASSIGNMENT

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time.

NOTICES

We may provide notices to you by email to the address provided in your account, by posting on this site, or by any other method reasonably chosen by us. Notices sent by email are effective when sent. It is your responsibility to keep your contact information up to date.

You may send notices to us at:

Asherah Swimwear, LLC
1150 Empire Central Place, Suite 118
Dallas, Texas 75247
Email: CustomerService@AsherahSwimwear.com

ENTIRE AGREEMENT & CHANGES TO TERMS

These Terms, together with any policies or documents referenced herein (including our Privacy Policy and Shipping & Returns Policy), constitute the entire agreement between you and Asherah Swimwear regarding your use of the website and Services, and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.

We may revise these Terms at any time by updating this page. Your continued use of the website after any such changes constitutes your acceptance of the revised Terms.

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