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Terms and Conditions

Welcome to the Midnight Wave Swim Online Shopping Site. Please note that your use of our Site establishes your agreement to fulfill the following terms. Midnight Wave Swim reserves the right, at any time, to modify and update the Site Terms. If you do not agree to these terms, please do not use Midnight Wave Swim Website.

Site Content

Welcome to MidnightWaveSwim.com. Please note that your use of this site establishes your agreement to fulfill and abide by the following Site Terms. Midnight Wave Swim will do its best to ensure that all information on this site is accurate and complete. Corrections to any errors can be made at its sole discretion without prior notice and Midnight Wave Swim reserves the right to modify or update the content of the Site Terms at any time.


You understand and accept that all information, data, text, software, music, sound, photographs, graphics, image, logo, audio, video, message, HTML used to generate pages or other material appearing on this website (collectively, "Contents") are owned by Midnight Wave Swim or its licensors and the Contents are protected by patent, trademark and/or copyright under United States and/or foreign laws. You are expressly prohibited from using any Contents without the express written consent of Midnight Wave Swim or its licensors. Except as otherwise stated herein, none of the Contents may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written consent of Midnight Wave Swim and/or the appropriate licensor. Except as otherwise provided on the website or in these Site Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Contents from this website in whole or in part, for any public or commercial purpose without the specific prior written consent of Midnight Wave Swim. We grant you a personal, limited, non-exclusive, nontransferable license to access the website and to use the information and services contained on the website. You may not 'mirror' any material contained on this website or any other server. Any permission and/or license granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any Contents contained on this website may violate domestic and/or international copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and you may be subject to liability for such unauthorized use.

User Comments, Feedback And Other Submissions

Collected content such as comments, feedback, or suggestions provided to Midnight Wave Swim by its users will be deemed as Midnight Wave Swim's property. Midnight Wave Swim is under no obligation to keep public content in confidence or to respond to such feedback accordingly. Users will not be compensated for any piece of content, feature or function that they felt was their own original idea or suggestion.
You, the user, agree that any comments submitted to the Midnight Wave Swim are not intended for commercial use and are for personal use only.

Merchandise Availability

We add new merchandise to the website daily. In order to offer a wide variety of fresh styles and brands, we are not able to guarantee inventory if you leave the site without purchasing your selection. While shopping, you will notice that only the available sizes and colors will display. However, putting the merchandise into your shopping bag does not guarantee inventory. The merchandise will be reserved to you only after you check out. At its discretion, MidnightWaveSwim.com reserves the right to limit the order quantity on any product to customers or cancel any order for any reason. Midnight Wave Swim.com may refuse service to any customers that violate the terms of this website.

Product Information

All the product images, descriptive copy and supporting detail information are intended to be guides to assist in providing informative information to the customer in order to make a purchase decision. The guides are developed to be an accurate depiction of the product itself, although slight variances may occur in color, cut or sizing.

Credit Card Authorization

MidnightWaveSwim.com will attempt to authorize available funds from a customer's credit card in order to process and complete an order. The checkout process requires a match to the customer's billing address information, zip code and CVV number. If any of these fields do not match with the credit card issuing bank's billing information on file that order will be declined. An authorization of funds may be made even in the event of a declined order, in which case, the funds will be held for authorization purposes only and the card will NOT be charged. However the authorization may be held on the card for up to 1-5 business days depending on the issuing bank's policy regarding authorization holds.
Midnight Wave Swim reserves the right to cancel or make adjustments to any order placed in order to comply with the promotion being offered. Midnight Wave Swim will not charge any customer an amount that is greater than the total checkout price. However, orders may be put on hold in order for a customer service representative to contact a customer for additional information if necessary to complete the order. Sales on specials, promotions and sale items are final. Offers may change at any time and are good only while supplies last. Promotions cannot be applied to previous orders placed.

Midnight Wave Swim E-gift Card

Midnight Wave Swim e-gift card can be used Midnight Wave Swim online only, not for use in retail stores. E-gift cards are not redeemable for cash, are final sale, thus cannot be returned for a refund. Midnight Wave Swim is not responsible for lost or stolen e-gift cards.

Pre Order

Pre-orders are orders for items that are not in stock currently but that are expected to be available for purchase at a later date. The estimated arrival date for the item will be displayed on the product page. If you submit a pre-order, the item will be reserved for you and mailed out to you as soon as the shipment reaches our warehouse. You will not be billed for the item until it ships. Please note that the delivery date is an estimated shipping date. We are unable to guarantee delivery dates for pre-order items due to unforeseen delays by manufacturers. We reserve the right to cancel any pre orders for any reason. If we need to cancel an order, we will notify you before cancel the order. All pre-order items will ship via standard shipping. If you order pre order items with any other in stock items, we will ship out the regular items first and ship pre-other items later without any charge.

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