Terms of use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

By accessing or using this website, mobile application or other 'IKEWAI SWIMWEAR product or service (collectively the "Website") on any computer, mobile phone, tablet, console or other device (collectively, "Device"), you signify that you have read, understand and agree to be bound by these Terms of Use and any other applicable law, whether or not you are a registered member of 'IKEWAI SWIMWEAR. 'IKEWAI SWIMWEAR may change these Terms of Use at any time without notice, effective upon its posting to the Website. Your continued use of the Website shall be considered your acceptance to the revised Terms of Use. If you do not agree to these Terms of Use, please do not use this Website.

  • Trademarks

    This Website contains many trademarks, trade names, service marks, copyrights, and/or logos (“Intellectual Property”) of 'IKEWAI SWIMWEAR and may also contain Intellectual Property of 'IKEWAI SWIMWEAR's affiliates. Such Intellectual Property remains the property of their respective owners. You recognize and acknowledge the ownership of all such Intellectual Property and understand and agree that you do not acquire, through use of this Website or otherwise, any right, title, or interest in or to any Intellectual Property. You agree not to change or delete any ownership notices from materials downloaded or printed from the Website. You agree not to modify, copy, translate, broadcast, perform, display, distribute, frame, reproduce, republish, download, display, post, transmit, exploit or sell any Intellectual Property or content appearing on the Website, nor participate in any activity which modifies, copies, translates, broadcasts, performs, displays, distributes, frames, reproduces, republishes, downloads, displays, posts, transmits, exploits or sells such Intellectual Property. All rights to such Intellectual Property are reserved. Any use of the Intellectual Property without express written authorization is strictly prohibited. Nothing in these Terms of Use shall be interpreted as granting any license of Intellectual Property rights to you.

  • Prohibited Use

    Any use of this Website for an illegal or objectionable purpose is strictly prohibited. User agrees that it will not use this Website to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (i) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (ii) activities involving the transmission of junk mail or spamming; (iii) activities involving the promotion or use of viruses; (iv) activities that violate any law, regulation or statute; and/or (v) activities that infringe upon any legally protected property right, etc. By using this Website, you agree that any and all information transmitted to, by or with the use of this Website cannot and shall not be deemed confidential or proprietary. You agree not to use any data mining, robots, scraping or similar data gathering methods. 'IKEWAI SWIMWEAR reserves the right to monitor transmissions and investigate any alleged prohibited use of this Website and to disclose any and all information relating to such prohibited use. 'IKEWAI SWIMWEAR, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual's illegal or prohibited use of this Website. Any violation of this or any other section contained herein may result in termination of service and or any other action 'IKEWAI SWIMWEAR determines appropriate under the circumstances.

  • Privacy

    Our Privacy policy which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Website. By using the Website, you agree to receive certain electronic communications from 'IKEWAI SWIMWEAR. You agree that any notice, agreement, disclosure or other communication that 'IKEWAI SWIMWEAR sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

  • Product Orders

    All orders placed through the Website are subject to 'IKEWAI SWIMWEAR's acceptance. This means that 'IKEWAI SWIMWEAR may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, 'IKEWAI SWIMWEAR will issue you a refund. This Website may contain typographical errors or technical inaccuracies.

  • Third Parties

    For your convenience and to improve the usage of our website we insert links to third party websites. This may include links from partners that may use 'IKEWAI SWIMWEAR’s logo as part of a co-branding agreement or sell 'IKEWAI SWIMWEAR products. These third party websites may have their own separate policies and 'IKEWAI SWIMWEAR is not responsible or liable for the content and activities of these third parties. Any use of third party websites is entirely at your own risk. We encourage you to read the privacy policies of each website that you visit, as third party websites may use cookies, collect data or solicit personal information. 'IKEWAI SWIMWEAR, and its officers, directors, affiliates, employees, agents, partners, subsidiaries and/or contractors disclaim any and all responsibility or liability for content contained on all such third party websites and any damages, of any kind, incurred by individuals who visit such websites.

  • Mobile

    The Website contains services and features that are available to certain mobile Devices. Your carrier's normal rates and fees apply. Not all mobile services will work with all carriers or Devices. By using 'IKEWAI SWIMWEAR's mobile services, you agree that we may communicate with you by electronic means to your mobile Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don't send your messages to a different person.

  • Warranties, Disclaimer

    'IKEWAI SWIMWEAR is not responsible or liable for any content posted on the Website or for any offensive, unlawful or objectionable content you may encounter on or through the Website. The Website, its content, and the materials and products on this Website are provided "AS IS" and without warranties of any kind. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 'IKEWAI SWIMWEAR DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 'IKEWAI SWIMWEAR cannot guarantee and does not promise any specific results from use of the Website. 'IKEWAI SWIMWEAR does not represent or warrant that the Website will be uninterrupted or error-free, that any defects will be corrected, or that this Website or the server that makes the Website available are free of viruses or anything else harmful. To the fullest extent permitted by law, 'IKEWAI SWIMWEAR does not make any warranties or representations regarding the use of the materials or content on the Website in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. You understand and agree that use of the Website is at your own risk, and that you will be solely responsible for your use and any damage to your mobile Device, computer system or other Device in which you access the Website, loss of data or other harm of any kind that may result. 'IKEWAI SWIMWEAR reserves the right to change any and all content and other items used or contained in the Website at any time without notice. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

  • Idemnification

    You hereby agrees to indemnify, defend, and hold harmless, 'IKEWAI SWIMWEAR, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners, and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney's fees) asserted by any third party as a result of your use of this Website in violation of these Terms of Use. 'IKEWAI SWIMWEAR has the right to control any defense pertaining to this section.

  • Force Majeure

    Notwithstanding any other provision set forth in these Terms of Use, 'IKEWAI SWIMWEAR shall not be liable for any failure or delay in its performance due to any cause beyond 'IKEWAI SWIMWEAR's reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that 'IKEWAI SWIMWEAR shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of then existing circumstances.

  • Relationship

    Nothing in these Terms of Use is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between 'IKEWAI SWIMWEAR and you.

  • Governing Law and Jurisdiction

    You agree that this Website, Terms of Use, Privacy Policy and any dispute between you and 'IKEWAI SWIMWEAR shall be governed by, construed, and enforced in all respects by French Polynesia law, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. Except where prohibited, you agree that all disputes, claims and legal proceedings directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of 'IKEWAI SWIMWEAR products) shall be resolved individually, without resort to any form of class action, and exclusively in courts located in French Polynesia. . Any cause of action or claim you may have with respect to the website (including but not limited to the purchase of 'IKEWAI SWIMWEAR products) must be commenced within one (1) year after the claim or cause of action arises.

  • Waiver, Severability and Entire Agreement

    'IKEWAI SWIMWEAR's failure to insist upon or enforce strict performance of any of these Terms of Use shall not be considered a waiver of any provision or right. Neither the course of conduct between 'IKEWAI SWIMWEAR and you, nor trade practice, shall modify any of these Terms of Use. 'IKEWAI SWIMWEAR may assign its rights and duties under these Terms of Use to any party at any time without notice to you. If any provision in these Terms of Use is deemed invalid, unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions shall continue to be valid and enforceable. These Terms of Use constitute the full and entire understanding and agreement between 'IKEWAI SWIMWEAR and you pertaining to use of the Website. These Terms of Use remain in effect even after your account is terminated.

  • Shipping and timelime

    Standard/Ground Order Processing: Allow 2-3 business days (excluding weekends & all U.S. federal holidays) for processing before order ships from our warehouse.

    Delivery Time: Time begins calculating once order has shipped from the warehouse. Please allow 24 hours for your tracking number to update from when the order has shipped..

  • Payment method

    We accept Visa, Mastercard, American express, Apple Pay.

  • Return policy

    US Returns Only.
    EXCHANGES: We do not offer exchanges, please create a return for the unwanted item and place a new order for the product you desire. This will ensure the product is available and gets to you quicker.
    NON-'IKEWAI SWIMWEAR RETURN: Please ensure you return the correct item(s) when making a return. ​​'IKEWAI SWIMWEAR​​ is not responsible for non-​​'IKEWAI SWIMWEAR items shipped back to us in error. No compensation will be provided for incorrect items sent to 'IKEWAI SWIMWEAR.
    RETURN POLICY
    • Merchandise can only be returned if purchased online directly from IKEWAISWIMWEAR.COM
    • Merchandise must be returned within 15 days from the date of purchase.
    • Merchandise must be in original condition, unworn, unwashed, and with all tags intact.
    • Items listed as FINAL SALE cannot be returned for a refund.
    • Shipping charges incurred during checkout are not refundable.
    • Packages that arrive COD may be denied, or the COD amount may be deducted from your return.
    RETURN GUIDELINES
    Customers are responsible for any return costs. 
    We suggest obtaining proof of return and retaining it until your refund has been processed.
    You will be notified via email throughout your package journey and once your refund has been approved.
    Returns will be processed within 10-14 business days of arrival at our warehouse.
    Once approved, allow 2-4 business days for funds to appear in your account.

  • Privacy policy

    PERSONAL INFORMATION WE COLLECT

    We collect personal information at every touch point or consumer interaction, and in conducting every aspect of our business, we may collect personal information. This personal information may include your first name; last name; account name; alias name; email address; postal address; phone number; birth month and day; age; gender; characteristics; preferences; credit and debit card numbers; purchase history; products considered; customer reviews; user generated photos; customer service chat content; customer service email content; customer service call content; email engagement activity; loyalty status; loyalty interactions; loyalty join date; tier name; spend to next tier; lifetime points; available points; points to next reward; last earned points; points expiration; available rewards; reward earned date; last activity date; referral interactions; IP address; cookie ID; user ID; authenticated user ID; browser user ID; shop subscriber ID; account utoken; domain; browser ID; browser GUID; browser information; device ID; other unique device identifiers; device type; device model; platform; operating system type; operating system configuration; other sysem information; advertisement interactions; website browsing history; website click tracking; website search history; website browsing behavior; website access date; website access time; web log data; referring websites; exiting websites; geolocation; time zone; country code; click tracking; audience segments; and other types of information that you choose to provide us or that we may obtain about you.

    We may also collect information related to conversations, including records or copies of your correspondence with us or customer service calls for quality assurance and training purposes, and other communications such as website chat support, in-app messages, or SMS.

    Some of the common ways in which we collect personal information include the following:

    Online Shopping: We collect personal information from you when you shop for our products online. This information includes account name; account utoken; advertisement interactions; age; alias name; audience segments; authenticated user ID; available points; available rewards; behavior; birth month and day; browser GUID; browser ID; characteristics; cookie ID; country code; credit card number; customer reviews; debit card number; customer service chat content; device ID; device model; device type; email address; email engagement activity; exiting websites; first name; gender; geolocation; IP address; last activity date; last earned points; last name; lifetime points; loyalty interactions; loyalty join date; loyalty status; products considered; operating system configuration; operating system type; other unique device identifiers; points expiration; points to next reward; postal address; preferences; products purchased; purchase history; referral interactions; referring websites; remarketing segments; reward earned date; shop subscriber ID; social data; spend to next tier; telephone number; tier name; time zone; user submitted photos; user ID; web log data; website access date; website access time; website browsing behavior; website browsing history; website click tracking; and website search history

    In-store Shopping: We collect personal information from you when you shop for our products in physical stores. This information includes age; credit card number; debit card number; email address; first name; gender; last name; postal address; products purchased; and telephone number.

    Automatically Collected Personal Information: By their nature, our websites and apps also automatically collect some personal information about you. In order for you to view or interact with our website or apps, we receive individual identifiers like your IP address and some network information like date and time of pages visited. We may collect this personal information even if you are not logged in. We collect some personal information automatically using cookies or other tracking technologies as described below. The personal information automatically collected may be collected by or on behalf of third parties who provide us inferences or aggregate reporting based on analysis of such personal information.

    PURPOSES FOR WHICH WE COLLECT PERSONAL INFORMATION

    We collect your personal information for the following reasons:

      • Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards;
      • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
      • Debugging to identify and repair errors that impair existing intended functionality;
      • Short-term, transient use, provided the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer's experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction;
      • Performing services on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on our behalf;
      • Undertaking internal research for technological development and demonstration; and
      • Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.
    LIMITED USE

    We will only use your personal information for the purposes for which we collected it, unless we reasonably determine we need to use it for another reason and that reason is compatible with the original purpose. For example, we consider de-identification, aggregation, and other forms of anonymization of personal information to be compatible with the purposes listed above and in your interest, because the anonymization of such information reduces the likelihood of improper disclosure of that information.

    If you wish to receive an explanation as to how the processing for a particular purpose is compatible with the original purpose, please contact us via the information specified in the Contact section below.

    PLEASE NOTE THAT WE MAY PROCESS YOUR PERSONAL INFORMATION WITHOUT YOUR KNOWLEDGE OR CONSENT, IN COMPLIANCE WITH THE ABOVE RULES, WHERE THIS IS REQUIRED OR PERMITTED BY LAW.

    COOKIES AND OTHER TRACKING TECHNOLOGIES

    The tracking technologies we utilize include the following:

    Cookies. We may use different types of cookies when providing different types of web-related services. If you do not know what cookies are, or how to control or delete them, then we recommend you visit www.aboutcookies.org for detailed guidance. Cookies allow us to identify and authenticate visitors, track aggregate behavior, and enable important service features. We use both session ID cookies and persistent cookies. Session ID cookies are used to maintain your browser state as you browse through services, and they expire when you close your browser. A persistent Cookie remains on your hard drive for an extended period, and we use that to identify you should you return to services and want to find information you had previously entered or accessed.

    We also contract with analytics services, third-party affiliate services, and third-party advertising companies to collect similar information. These cookies allow the ad servers to recognize your computer each time they send you an online advertisement and compile information about you or others who use your computer. This information allows ad networks third-party vendors to work on our behalf to, among other things, deliver targeted advertisements or send direct mail or catalogs that they believe will be of most interest to you. Our vendors may then connect the information that they collect from our website using cookies to other sources of information, which may include your name and mailing address, for the purpose of sending you direct mail promotions.

    You may disable cookies through your web browser. For information about opting out of these collection services, please see the section titled Your Choices below.

    Web Beacons/Tags. We automatically collect aggregate anonymous information through files embedded in our services and emails known as "web beacons." We may deliver a web beacon to you through our services from an advertising network with which we have contracted. Web beacons allow third parties to provide anonymized and aggregated auditing, research, and reporting for us. Web beacons also allow us to send email messages in a format users can read, and they tell us whether emails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to users. We do not tie the information gathered by web beacons to personal information.

    Analytics. We may use analytics tools or similar tools provided by third parties to help analyze how you and other users utilize our services. Analytics tools use cookies and other tracking technologies to collect information such as how often users visit services, what pages they visit, and what other websites they used prior to visiting our services. We use the information we get from analytics tools only to improve services. Analytics tools collect the IP address or other unique identifier assigned to you on the date you visited services. We do not combine the information generated through the use of analytics tools with your other personal information. Analytics tools provided by third parties plant a persistent cookie on your web browser to identify you as a unique user the next time you visit our website, and the treatment of that information is governed by the third party's terms of use and/or privacy policy. To learn about how Google use data related to website analytics when you use our site or apps, click here: https://policies.google.com/technologies/partner-sites.

    YOU GIVE CONSENT FOR US TO SHARE YOUR DATA WITH THESE PROCESSORS, AND FOR THEM TO TRANSFER THIS INFORMATION ONWARD TO THEIR PARTNERS IN CONNECTION WITH PROVIDING YOU SERVICES.

    YOUR CHOICES

    You have the following choices with respect to the personal information we hold about you. To protect your privacy and security, we may take reasonable steps to verify your identity before granting requests to access, alter, or delete your personal information.

    Access or correct your personal information. You can access a variety of your personal information that we collect by accessing your respective account, by phone, email, or in writing using the information provided in the Contact section below.

    Deleting your personal information. You may ask us to delete your personal information at any time by phone, email, or in writing using the information provided in the Contact section below. Please note we may maintain some portions of your personal information as needed to comply with our legal obligations, resolve disputes, and/or enforce any of our agreements. We will delete or de-identify all your personal information as described within 30 days of your request for deletion.

    OPTING OUT

    You can make the following choices regarding your personal information:

    Promotional and Other Emails. You may choose during the account registration processes on one of our websites, or otherwise, to provide us with your email address for the purpose of allowing us to send newsletters, surveys, offers, and other materials related to our services. You can stop receiving these emails by sending a request to the email address in the Legal pag If you decide not to receive these emails, we may still send you communications related to your current or former membership.

    Text Marketing and Notifications. By entering your phone number in the checkout & opting into receiving text message notification and initializing a purchase, subscribing via one of our text message subscription forms or via a keyword, you agree that we may send you text notifications (for your order, including abandoned cart reminders) and text marketing offers. Text marketing messages will not exceed five (5) a month. You acknowledge that consent is not a condition for any purchase. If you wish to unsubscribe from receiving text marketing messages and notifications reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you with in any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests will not be accounted as a reasonable means of opting out. Message and data rates may apply. For any questions please text HELP to the number you received the messages from. You can also contact us for more information. If you wish to opt out please follow the procedures above.

    Direct Mail and Catalogs. To opt-out of receiving our direct mail or catalogs, you may send us an email at info@ikewaiswimwear.com. We will honor those requests, but please understand that it may take up to 30 days for such mailings to end.

    Behavioral Advertising. Our services may use behavioral advertising. This means that a third party may use technology (e.g., a cookie) to collect information about your use of our websites so that they can provide advertising about products and services tailored to your interests. That advertising may appear either on our website, or on other websites not operated by us. If you do not want third parties who collect information about your use of our services, you can opt-out of such at the Digital Advertising Alliance in the US, the Digital Advertising Alliance of Canada in Canada, or the European Digital Advertising Alliance in Europe. Additionally, you can opting out of cookie-based advertising via NetworkAdvertising.org and Neustar.

    PLEASE NOTE THAT OPTING-OUT OF BEHAVIORAL ADVERTISING DOES NOT MEAN THAT YOU WILL NOT RECEIVE ADVERTISING WHILE USING SERVICES. IT WILL, HOWEVER, EXCLUDE YOU FROM INTEREST-BASED ADVERTISING CONDUCTED THROUGH PARTICIPATING NETWORKS, AS PROVIDED BY THEIR POLICIES AND CHOICE MECHANISMS.

    Analytics. Many analytics providers allow end-users to opt out of the retention of their information, including our third-party analytics providers. Please note that typically, unless you create an account with the analytics provider, your choice to opt out applies only to the device from which you make the request, because the providers use cookies on that device to recognize your choice. If you get a new device, install a new web browser, update your browser, or otherwise erase/alter your browser cookie files you may clear the opt-out cookie.

    You may learn more about the use of information by, and opting-out of analytics from, our third-party analytics providers by visiting its opt-out page at the following links: www.google.com/policies/privacy/partners/

    Cookies. You may disable, or delete cookies in your Web browser, but doing so may impact the usability of the website. To block cookies, you can also browse our service using your browser's anonymous usage setting (called "Incognito" in Chrome, "In Private" for Internet Explorer, "Private Browsing" in Firefox and Safari, etc.).

    INTERNATIONAL TRANSFERS OF INFORMATION

    Your personal information may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding personal information may be less stringent than the laws in your country. Therefore, in some circumstances, you might be left without a legal remedy in the event of a privacy breach or other use that is prohibited in your country. By submitting your personal information, you agree to this transfer, storage and/or processing, including all associated risks.

    EXERCISING YOUR PRIVACY RIGHTS

    When exercising the rights or options described in this Policy, the following guidelines apply:

    No fee usually required. You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee or decline to comply with your request if your request is clearly unfounded, repetitive, or excessive.

    What we may need from you. When exercising your rights or otherwise assisting you, we may need to request specific information from you to help us confirm your identity. This is a security measure to ensure that personal information is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

    INFORMATION SECURITY

    No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. We make efforts to protect your personal information from improper or unauthorized loss, misuse, access, disclosure, alteration, or destruction. If you have questions about the security of your personal information, contact us at the email or regular mail address specified in the Contact section below.

    DATA RETENTION

    We will retain your personal information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information, whether we can achieve those purposes through other means, and the applicable legal requirements.

    THIRD-PARTY LINKS

    Our websites or apps may contain links to other websites or apps. We are not responsible for the privacy practices or the content of these other websites or apps. You should read the policy statement of these others websites or apps to understand their policies. When you access a linked websites or apps, you may be disclosing private information. It is your responsibility to keep such information private and confidential.

    CHANGES TO THIS PRIVACY POLICY

    We may update this Policy from time to time, in our sole discretion. When we do so, we will post the new Policy on our website. You should consult this Policy regularly for any changes. Continued use of services following posting of such changes constitutes your acknowledgement of such changes and agreement to be bound by the changes. If you do not agree, you should immediately discontinue your use of our website and services.