Terms and Conditions

TERMS AND CONDITIONS

Welcome to the official site of Avi, owned and operated by Avi Swim/Avi the Brand (Avi, we, our, us).
You (User, you, your) indicate your agreement and acceptance of these Terms and Conditions by accessing, using and/or placing an order for Products using the Site.
By accessing or using the Site, including purchasing any products through the Site, you represent, warrant, understand and agree:

  • to accept, comply with, and be bound by these Terms and Conditions;
  • that you have the right, authority, and capacity to abide by these Terms and Conditions;
  • to comply with all applicable laws, rules and regulations concerning your access to and use of the Site.

Avi reserves the right to update, change, modify or otherwise alter these Terms and Conditions at any time without notice to you.   If we change these Terms and Conditions we will publish an updated version under the 'Terms and Conditions' link on the Site. Such revisions shall be effective immediately upon posting of the revised Terms and Conditions on the Site and you agree that you shall be bound by such. Access or use of Avithebrand.com after the posting of revisions will indicate your agreement and acceptance of these Terms and Conditions.

SITE USE

If you create a username and/or password, you are responsible for all use of your account (under any username or password) and for ensuring that all use of your account complies fully with the provisions of these Terms and Conditions. You shall be responsible for protecting the confidentiality of your username(s) or password(s), if any.
Avi may close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) which disrupt any of our services or is an attempt to hide the use of multiple accounts. If you use multiple logins for the purpose of disrupting the Site or other users you may have action taken against all of your accounts.

You agree that you shall not use the Site for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms and Conditions.  Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized framing of or linking to the Site or unauthorized use of any robot, spider, or other automated device on the Site, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress. 

PRODUCT DESCRIPTIONS

Avi attempts to be as accurate as possible. However, Avi does not warrant that product descriptions or other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by Avi itself is not as described, your sole remedy is to exchange it in unused condition.

PRICING

Except where noted otherwise, the List Price displayed for products on our Web site represent the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. Avi does not offer price adjustments or price matching.

With respect to items sold by Avi, we cannot confirm the price of an item until you order; however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mis-priced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

*Price does not include duty and tax fees for international orders*
Duty, customs tariffs and VAT are set by the destination country. They are based on the purchased merchandise's country of origin or manufacturing and the classification of that merchandise in accordance with a harmonized system. The amount of applicable duty, tariffs, taxes and VAT will vary by country.

PROMOTIONAL CODES

Please note that these terms and Conditions apply to those orders placed in conjunction with a promotional code. Each order is limited to one promotional code. Each promotional code can be used only once, unless otherwise specified. Each promotional code applies to qualifying items. The promotion code is valid for a limited time only. Avi reserves the right to modify or cancel it at any time. Promotion codes may not be combined with other offers. Limit one promotion code per customer. If the promotion has a minimum purchase requirement, taxes, gift-wrap, and shipping and handling charges do not apply toward the minimum purchase amount. Void where prohibited. If you violate any of the Terms and Conditions, the promotion will be invalid, and the promotional code discount will not apply. 

RETURN & EXCHANGE POLICY

Avi offers domestic returns for regular priced items purchased from Avithebrand.com for store credit. All returns must be clean with sanitary stickers (applicable to all bottoms and one pieces), unwashed and with original hang tags attached within 14 days. Returns not abiding by this policy will be returned to sender.

All items discounted, purchased on sale or using a promotional code greater than 20% are final sale and cannot be returned or exchanged. All accessories are final sale and cannot be returned or exchanged.

Store credit will be issued within 4 to 7 business days upon receiving the original items. All shipping and handling charges are nonrefundable. Items purchased at Avithebrand.com are warrantied for 90 days. Avi does not warranty items purchased through other avenues.  

For full details, please see our Returns & Exchanges

INTELLECTUAL PROPERTY

All materials displayed on Avithebrand.com, including without limitation, all text, graphics, advertisements, names, logos, trademarks, applications and software (whether registered or not) are our property or the property of their respective owners (including our licensors and other Users) and are protected by copyright, trademark and other intellectual property laws.

We may, but have no obligation to, amend, supplement, delete or update the aforementioned materials (Our Property) without notifying you and at our sole discretion. However, we may remove any defamatory, misleading, false, offensive or otherwise illegal material that we become aware of, without notifying you.
You may use Our Material for your personal, non-commercial purposes, such as to obtain information about Products and/or place an order for Products using this Site. Except where the law expressly allows, you may not use, reproduce, modify, distribute, post, transmit, distribute, publish or create derivative works from, or use for any commercial purpose, any part of Our Property.

Any utilization of User Content (images, text, or video content) has been utilized with permissions granted by written agreement or direct submission to Avithebrand.com.  To the extent allowed by law, Avi does not guarantee the accuracy, completeness, security or currency of Our Property or User Content and we have no liability to you for your use or reliance on Our Content or User Content.

LIABILITY AND INDEMNITY

To the extent permitted by law, Avi and its directors, officers, employees, agents and contractors exclude all liability to you in connection with the Site. You indemnify and hold us harmless for any and all claims, loss or damage however arising, (whether in negligence or otherwise) in connection with:

  • your failure to comply with these Terms and Conditions;
  • your use, misuse of reliance on the Site, Our Property, User Content or Linked Sites;
  • your Content, including its use, misuse or misappropriation; or
  • any other acts or omissions by you.

PRIVACY

Avi knows that you value your privacy, and so do we. We greatly appreciate your trust that we will collect and use your information carefully and sensibly. This notice describes our privacy policy. By visiting Avi, you are accepting the practices described in this Privacy Policy.