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Swim Smooth Standard Terms and Conditions
of Purchase
 Your
new Swim Smooth DVD Boxset has been designed by Paul Newsome of
Swim Smooth (WATERSIDE, 103 MARINE DRIVE, RHOS-ON-SEA, COLWYN
BAY, LL28 4HU, UK), prodcued by Alive and Kicking Productions
(ABN 51 272 167 452, 11 Barcombe Way, Leeming, WA 6149, Australia)
and manufactured by Amstore CD Production Ltd (Block J, 4th Floor
Tower Bridge Business Complex, 100 Clements Road, London, SE16
4DG, UK). Swim Smooth has supplied the Swim Smooth DVD Boxset
to you directly, or through a third party, subject to these terms
and conditions. Your purchase of the Swim Smooth DVD Boxset means
that you have accepted it subject to these terms.
Interpretation
Where it makes sense in these terms and conditions,
singular versions of words shall also include the plural and plural
words shall also have the meaning of the singular version. Further,
words referring to persons shall also be read to mean incorporated
associations, public bodies and other types of legal entities
and visa versa. Words importing the masculine gender shall refer
to and include the feminine and neuter genders and visa versa.
In these terms and conditions:
"Swim Smooth DVD" means the Swim Smooth
3-disc DVD Boxset designed by Paul Newsome of Swim Smooth, produced
and manufactured by the companies listed above.
"Paul Newsome" means Paul Newsome,
the sole designer of the Swim Smooth DVD who retains all intellectual
rights to the Swim Smooth DVD.
"You" means the person who purchased
the Swim Smooth DVD Boxset.
"Swim Smooth" means Swim Smooth, a
British sole trader business headed by Paul Newsome.
"Delivery" means the date on which
a "Swim Smooth DVD" unit was delivered to You, or to
the person You purchased it from, whichever date is earlier.
"Purchase" means payment for Swim
Smooth DVD Boxset(s) by You
Ownership
a) Swim Smooth grants You a right of use for
all Swim Smooth DVDs You purchase. You may NOT at any time attempt
to copy, loan, reproduce for futher sale, or distribute any of
the contents of the Swim Smooth DVD Boxset (particularly the contents
of the CD-ROM) to any other party.
The Swim Smooth DVD is covered by Copyright (C) 2004 Paul S Newsome
(R) (C) 070570 Copyright Protection Services International, and
severe penalties will be enforced for anyone breaching this copyright.
b) Swim Smooth retains all intellectual property
rights to the Swim Smooth DVD and any associated literature, software,
or other information provided in the Swim Smooth DVD Boxset (notably
the interactive 8-week training program on the CD-ROM). Please
respect this intellectual property as if it were your own.
c) Swim Smooth retains all intellectual property
rights to any material in respect of the Swim Smooth DVD provided
via the Internet or other electronic means to You or to any other
parties.
d) Swim Smooth reserves all rights in respect
of trademarks, logos, trade names or any other means of identifying
the Swim Smooth DVD or of promoting it to any market or to any
customer.
e) Title and risk in the Swim Smooth DVD Boxsets
supplied under these terms and conditions passed to You on purchase.
Limitation of liability
To the extent allowed by law:
a) Swim Smooth shall not, under any circumstances,
be liable for any indirect, special, incidental, exemplary, or
consequential damages of any kind, including any loss of profits,
loss of business, loss of data, even if Swim Smooth has been advised
of the possibility of such damages, or for any claim against You
by any third party. All instruction contained within the Swim
Smooth DVD is intended for safe and best swim practice obeserving
the usual saftey regulations of any swimming pool and/or open
water venue where you may practice these teachings. Swim Smooth
accepts no liability for any injury, loss, illness or death during
a practice swim session using the supplied Swim Smooth 8-week
Training Program (included in the CD-ROM) as a guide.
b) In no event shall Swim Smooth's entire cumulative
liability to You in any way related to the subject matter of these
terms and conditions, whether based in contract or in tort or
otherwise, exceed the aggregate amount of the payments made under
these terms and conditions by You to Swim Smooth. Swim Smooth's
suppliers will have no liability of any kind under or as a result
of this these terms and conditions.
Warranty
Subject to fair wear and tear, Swim Smooth DVDs
are warranted to operate as advertised in product documentation
supplied by Swim Smooth for a period of six (6) months from the
date of Delivery.
If a Swim Smooth DVD Purchased by You fails
within 6 months of Delivery, and is returned to Swim Smooth by
You, it will be replaced with a new Swim Smooth DVD Boxset. You
shall pay postage and handling for return of faulty DVD Boxsets
to Swim Smooth. Swim Smooth shall pay postage and handling to
despatch a replacement unit to You, once the faulty DVD has been
received from YOU and thoroughly checked for flaws.
The warranty is void if the faulty Swim Smooth
DVD has been physically damaged in any way.
Our manufacturers guarantee the DVD media that
we use to be of the best quality and integrity, though at this
stage in the DVD "revolution", most manufacturers state
that they are still only 99% reliable for integrity. If you think
there may be a fault with your DVD please take the time to email
Paul for technical assistance, he will be pleased to assist.
A couple of words of note if you are having difficulties:
- Please check to see if the DVD has any dirt
on its playing surface and if so, clean carefully with a soft
cloth applying gentle circular motions away from the centre
of the DVD.
- Check to see if the DVD plays either on your
home or office computer or the DVD player of a friend. The fault
may be with your machine, or that the DVD player is old and
does does recognise the DVD recorded image. We use the DVD-R
single layer (4.7GB) discs for discs 1 and 2 and CD-ROM for
the included training program (which should be used in a PC
or Mac, not in your DVD player!)
- There are several short sections of mono-audio
within the Swim Smooth DVD Boxset, if your DVD player is not
configured correctly, it will appear that there is no audio
present. Please check your configuration and try again.
- Remember: disc 3 (red) is the additional
CD-ROM and has .PDF, .XLS, and .JPEG files included which will
only be read in your home or office PC and not in your DVD player.
- If your DVD player presents with the error
display: NOT NTSC or NOT PAL DISC, please check to make sure
you ordered and received the correct format for your region
as generally the two are not inter-changeable (see NOTES
for further info on your region).
- Please try to avoid using the fast-forward
and reverse functions of your remote controller in a repetitive
cycle, instead to prolong the longevity of your disc, use the
chapter-forward function or skip forward / backward functions.
- In the unlikely event that there is a fault
which cannot be rectified using one or all of the methods above,
please contact us for further
assistance. Thankyou.
And if you do have a problem, we'll do our best
to solve it, like we did with Edmond:
"When I received your DVD I could tell
that your lessons would be different than those offered elsewhere.
When I had to contact you about a damaged product I was not sure
what to expect. I could not have conceived that you would contact
me so quickly, or that you would have acted so quickly to correct
the problem. I got the replacement DVD yesterday. I have not yet
watched the parts I missed before, but I'm already impressed with
your idea of customer service. I have never been this quickly
satisfied by any company. Thank you, and please thank everyone
else that worked to solve this issue for me."
Ed Mallahan, Oyster Bay,
New York, USA.
Refunds
Your Swim Smooth DVD is warranted to perform
as advertised and is covered by our standard warranty as set out
in our standard terms and conditions. If You order a Swim Smooth
DVD through our online ordering facility and simply change your
mind, You may return it unused and in its original sealed packaging
and obtain a full refund. Your refund is conditional on the Swim
Smooth DVD being returned to us within 14 days of your original
purchase. You are responsible for paying postage and handling
on our delivery of the Swim Smooth DVD to You, and the postage
and handling for your return of the Swim Smooth DVD to us.
Delivery
Postage and Handling charges cover delivery
by UK Royal Mail. If additional services are required, for example
registered delivery or insurance, please contact
us. Your Swim Smooth DVD will be securely parcelled in
a bubble-wrap Jiffy-style bag for extra protection.
Are there any additional Postage and
Handling Charges to be paid?
No. Swim Smooth is committed to bringing
YOU the swimmer cost effective swim stroke instruction wherever
you are in the world. We charge one easy to understand price which
is inclusive of all postage and handling charges wherever you
are in the world. All orders are dispatched within 24 to 48 hours
of receipt of order, with UK Royal Mail. Delivery times vary,
depending on destination but most orders arrive within 10-15 business
days. We must, however, allow 28 business days from the date of
dispatch before we are able to make a claim to the carrier in
the unlikely event of loss. Once your order is dispatched we are
entirely at the mercy of the postal system, however we will do
everything possible to follow up on any order which has not been
delivered within this time frame. Allowances must be made for
any Customs Clearance your country may be subject to, which is
beyond our control. You are welcome to contact your local customs
office to check on the progress of your package if you feel it
is being held there for clearance. We will endeavour to notify
you within 24 to 48 hours if we have a shortage of stock and will
do everything possible to get your order to you as swiftly as
possible
Applicable Law
These terms and conditions shall be governed
by and construed in accordance with the laws of the United Kingdom.
Wetronome Terms and Conditions
Please follow this link
to Wetronome's Terms and Conditions page - whilst it reads
quitely similarly to Swim Smooth's policy, there are some notable
differences you should be aware of if deciding to buy either product
or the combo option.
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