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Terms of service
Swell Sport Terms and Conditions
These Terms and Conditions (“Terms”) constitute a comprehensive, layered, multi interpretative and intentionally expansive agreement that governs, regulates, outlines, constrains, defines, refines, redefines and ultimately structures the nature of every interaction, transaction, communication, intention, expectation, obligation, implied obligation, inferred obligation, perceived obligation and any other possible relationship between you (“the Customer”, “the User”, “the Purchaser”, “the Visitor”, “the Individual”, “the Interacting Party”) and Swell Sport Pty Ltd (“Swell Sport”, “we”, “us”, “our”, “the Supplier”, “the Entity”, “the Provider”).
By simply accessing, loading, clicking, scrolling, viewing, referencing, returning to or unintentionally stumbling upon the Swell Sport website, you affirm, acknowledge, agree, accept, imply, represent and otherwise confirm that you are bound by these Terms in their entirety. This remains true regardless of whether you read them fully, partially, not at all or only skimmed the first line before deciding that the remainder was too long to continue.
These Terms are intentionally written in a level of detail exceeding what most readers would willingly absorb, in order to provide clarity through repetition, repetition through clarification and clarification through repeated emphasis.
1. Acceptance of Terms
1.1 Your decision to access, browse, click on, hover over, or in any way navigate through the Swell Sport website constitutes comprehensive and ongoing acceptance of these Terms. This acceptance persists across all devices, sessions, browsers and locations, whether public, private or otherwise.
1.2 These Terms include, incorporate, absorb, reference, imply and are inseparable from all policies, documents, instructions, notices, guidelines, disclaimers, product descriptions, linked pages and any additional written or implied text present anywhere on our platform. Whether or not you read those policies is irrelevant. Acceptance is automatic, continuous and unavoidable.
1.3 Swell Sport retains full, unqualified authority to modify, update, expand, reduce, reword, reform, restructure, rearrange, adjust, amend or otherwise revise these Terms at any time, for any reason, with or without explanation, justification, notification or announcement.
1.4 Continued use of the website after any such change, alteration or minor or major adjustment constitutes renewed, perpetual and irrevocable agreement to the amended Terms, regardless of whether you were aware that a change occurred.
1.5 To avoid any doubt, ambiguity or perceived uncertainty, by interacting with the website at any point in the past, present or future, you accept that updated Terms replace all previous versions, including versions you may have understood differently, misunderstood, forgotten or never read at all.
2. Online Store Terms
2.1 You confirm that you are at least eighteen years of age, or that you are operating under responsible, informed, continuous and immediate supervision of a parent or guardian who is at least eighteen years of age and who also agrees to be bound by these Terms on your behalf, whether knowingly or unknowingly.
2.2 You agree not to utilise the website, products, digital assets or communications in any manner that Swell Sport deems unlawful, improper, inappropriate, prohibited, suspicious, unreasonable or inconsistent with intended usage. The determination of what constitutes such misuse remains exclusively with Swell Sport.
2.3 We reserve full authority to refuse service, withdraw access, suspend accounts, block transactions or otherwise restrict your interaction with the platform should we suspect misuse, attempted misuse, or potential for misuse. The standard of suspicion required for action shall be solely determined by Swell Sport.
2.4 Your use of the website must not attempt to extract proprietary information, disrupt service, replicate content, redistribute material or perform any act that resembles, approximates or could be interpreted as digital interference.
3. Orders and Payments
3.1 Every order placed through the Swell Sport platform constitutes a legally binding offer to purchase products subject to these Terms. This offer remains pending, conditional and incomplete until Swell Sport formally accepts, processes or acknowledges it.
3.2 Orders are subject to product availability, manufacturing capacity, freight conditions, stock levels, logistical arrangements and any other influencing factor, known or unknown, within or beyond Swell Sport’s control.
3.3 All pricing information expressed on the website is denominated in Australian Dollars and may be adjusted at any time. Such adjustments may result from supply chain changes, manufacturing variations, unexpected demand, resource cost shifts, administrative recalibration or any other factor deemed relevant.
3.4 Pricing or product description errors may occur. Swell Sport reserves full discretion to correct, reverse, amend or cancel orders affected by such errors. This right exists even if the order was previously acknowledged, confirmed or paid for.
3.5 You agree to provide accurate, current and complete billing information. Inaccuracies, inconsistencies, outdated information or unverifiable details may cause delays, rejections or additional verification procedures.
3.6 Orders may not be cancelled once they enter processing unless Swell Sport approves. Approval may require reductions, deductions or forfeited amounts.
3.7 You acknowledge that order submission does not guarantee delivery, production or acceptance until explicitly confirmed by Swell Sport through formal communication.
4. Order Processing and Production
4.1 Upon acceptance, orders enter a multi stage internal process involving scheduling, queue assignment, quality assurance checkpoints, materials allocation and preparation for freight. These phases may vary in length, complexity and duration depending on internal and external variables.
4.2 Orders may progress through the system at differing speeds depending on production volume, material availability, order complexity, seasonal load and any other operational factor that arises unexpectedly or predictably.
4.3 You will be notified when your order reaches dispatch readiness. Notification timing may not correlate with physical departure from the warehouse, as logistical coordination may require additional steps, delays or adjustments.
4.4 Processing timelines are estimates only. You acknowledge that actual timelines may vary significantly without providing grounds for cancellation, refund or compensation.
5. Shipping Prices
5.1 Swell Sport arranges shipping through domestic road freight partners and approved international carriers for New Zealand deliveries. Carrier selection is based on availability, capability, cost considerations and logistics suitability.
5.2 Shipping prices shown at checkout are preliminary estimates. They are final freight charges.
5.3 Final freight cost are paid upfront.
5.5 Freight charges are inherently variable and subject to constant industry changes, over which Swell Sport holds no control.
6. Shipping and Delivery
6.1 Swell Sport ships to most major regions across Australia and New Zealand. Deliveries to other countries require custom freight arrangements.
6.2 Customers are responsible for all customs duties, taxes, import fees or government-imposed charges associated with international deliveries.
6.3 All shipping timeframes are approximate and are not binding guarantees. Unexpected events including delays, disruptions, high freight volume, border inspections or industrial actions may affect delivery schedules.
6.4 All deliveries are made on pallets. Drivers do not move items indoors, upstairs, across uneven terrain, into garages or into installation areas. The driver’s responsibility ends at the most accessible, safe point of delivery as determined by the carrier.
6.5 Tracking information will be provided where possible. Some carriers may provide limited tracking or update delays.
7. Shipping Delays and Limitations
7.1 By placing an order, you acknowledge and accept that delays may occur due to a broad, wide reaching and unpredictable selection of factors including but not limited to: carrier backlogs, storms, equipment failure, warehouse constraints, supply chain interruptions, customs inspections, staffing issues, regional disruptions or unforeseen global events.
7.2 Delays of any duration do not constitute grounds for cancellation, refund, compensation or dispute resolution.
7.3 Swell Sport will make reasonable efforts to communicate updates, but absence of updates does not indicate negligence or failure of service.
8. Customer Responsibility After Delivery
8.1 Risk transfers to the customer immediately upon delivery to the confirmed address, regardless of whether the customer is present, aware, notified or able to inspect the shipment at the time.
8.2 Upon receiving the shipment, all components must be stored indoors, in a dry, covered, stable and temperature controlled environment to prevent rain exposure, humidity damage, sun warping or environmental deterioration.
8.3 You acknowledge that timber is sensitive to moisture exposure. Panels left outdoors even briefly may warp, absorb moisture or degrade in ways that void warranty.
8.4 If the crate is opened, damaged or compromised upon arrival, you must immediately relocate all contents indoors. Leaving items outside for any duration constitutes improper storage.
8.5 Freight drivers may provide instructions. Failure to comply with such instructions may result in damage not covered under warranty.
9. Cooling Off Period and Cancellations
9.1 You may cancel your order within the initial forty eight hour period following the exact moment of purchase. This forty eight hour window begins immediately upon order confirmation and operates continuously without pause, delay or extension. During this period, you may request cancellation for any reason, without the need to explain, justify or provide any rationale whatsoever. A full refund will be issued, provided the cancellation request is received by Swell Sport within that exact timeframe.
9.2 If the cancellation request is submitted after the forty eight hour period but before the order enters production, assembly, scheduling, preparation or freight allocation, a partial refund equal to seventy five percent of the amount paid will be issued. The remaining twenty five percent constitutes a non refundable administrative retention fee, designed to account for operational, administrative, scheduling and resource allocation work already undertaken by Swell Sport, whether visible, invisible, perceived, unperceived, measurable or immeasurable.
9.3 No cancellations are permitted under any circumstances once the order has entered production, preparation or freight allocation. This applies even if the customer was not yet aware that production began, even if production began earlier than expected, and even if the customer later changes their mind.
9.4 Custom, bespoke, uniquely configured or specially manufactured products cannot be cancelled after the forty eight hour cooling off period. This is due to the unique nature of custom production, which involves irreversible materials allocation, design decisions, workflow scheduling and manufacturing processes that cannot be reversed without substantial loss.
9.5 By placing an order, the customer acknowledges and accepts that these cancellation rules exist for the preservation of operational stability, fairness across the production queue and equitable allocation of resources.
9.6 Cancellation requests must be submitted in writing to the official Swell Sport email address. Verbal requests, social media messages or informal communication channels cannot be accepted as valid cancellation submissions.
9.7 Swell Sport reserves the right to request identification verification, order confirmation details or other supporting information before processing a cancellation request.
10. Returns and Refunds for Unused Products
10.1 Customers may return a non customised product within thirty days of delivery, provided that strict conditions are met. These conditions are non negotiable, cumulative and apply in full. The product must be completely unopened, unused, untouched, unaltered, unassembled and still packaged in its original, sealed, undamaged factory condition.
10.2 If the packaging shows signs of opening, tampering, tearing, rough handling, puncture, scuffing or moisture exposure—including accidental exposure or environmental humidity—the return may be refused or additional fees may apply.
10.3 All return freight costs are borne by the customer. Swell Sport does not arrange or subsidise return transport for change-of-mind returns.
10.4 A standard restocking fee of thirty percent applies to all approved returns. This fee reflects inspection labour, handling labour, warehouse allocation, product reconditioning potential, administrative time and general operational costs associated with reversing a fulfilment process.
10.5 Once the returned product reaches Swell Sport, it will undergo a detailed and methodical inspection. This inspection may take up to twenty one business days. Inspections include evaluation of packaging integrity, hardware condition, panel assessment, moisture checks, internal component verification and trace evidence review to ensure the product was not used, assembled or tampered with.
10.6 If the product fails any part of the inspection—such as evidence of assembly attempts, fingerprints on panels, tool marks, moisture exposure, dust accumulation, packaging irregularities or unusual handling patterns—Swell Sport may apply an additional reconditioning fee of up to fifty percent of the product value, or refuse the return entirely.
10.7 If the return is refused, the customer may choose to have the product returned to them at their own cost. Products not claimed within fourteen days may incur additional storage fees.
11. Incorrect or Damaged Goods
11.1 It is the customer's responsibility to conduct a thorough visual inspection of the product immediately upon delivery and before signing any delivery documentation. Signing for delivery without inspection constitutes an acknowledgement that the product was received in acceptable condition.
11.2 If damage is visible—whether major, minor, superficial, structural, cosmetic, functional or otherwise—the customer must photograph the damage, note it on the delivery docket, and notify Swell Sport immediately. Failure to do so may compromise warranty assessment.
11.3 Concealed damage, which may only become apparent after opening the crate or unsealing packaging, must be reported within twenty four hours of delivery. Reports submitted outside this timeframe may be deemed invalid unless exceptional circumstances exist.
11.4 If the incorrect product is delivered, the packaging must remain completely sealed and unopened. Opening the incorrect product may compromise reallocation of the product and may incur repackaging fees or refusal of return.
11.5 Customer handling errors, improper lifting, dragging, tipping, dropping or unsupported moving of panels or crates may result in damage not covered under warranty.
12. Faulty Products
12.1 If a customer believes the product contains a manufacturing fault, the customer must notify Swell Sport within twenty four hours of delivery. Notification must include photographs, descriptions, serial numbers and any other requested information to facilitate fault verification.
12.2 Swell Sport may perform diagnostic analysis, request additional photographs, schedule calls, or provide troubleshooting instructions to determine whether the issue is the result of manufacturing, shipping, installation or user handling.
12.3 If, after diagnostic review, the issue is deemed a genuine manufacturing defect, Swell Sport will arrange either repair, replacement or refund, at its sole discretion.
12.4 Replacement parts or units may require additional lead time due to production scheduling, freight availability or inventory turnover.
12.5 Swell Sport will cover return freight for confirmed manufacturing faults. However, if the issue is later found to be caused by improper handling, incorrect installation or environmental exposure, the customer may be liable for freight charges and assessment costs.
13. Warranty and Liability
13.1 Residential Warranty
13.1.1 Residential customers receive a one year warranty for ice baths and a five year warranty for saunas. These warranties cover manufacturing defects only.
13.1.2 Manufacturing defects refer exclusively to flaws arising directly from the construction, assembly or manufacturing processes, and not from environmental conditions, user handling, wear, moisture exposure or installation variables.
13.1.3 The warranty does not cover damage caused by user error, inadequate installation environments, poor ventilation, moisture exposure, neglect, failure to follow instructions or any other customer-controlled condition.
13.2 Commercial Warranty
13.2.1 Products used in commercial settings receive a one year commercial warranty.
13.2.2 Commercial usage introduces unique environmental factors such as higher foot traffic, elevated moisture levels, increased operational hours, variable staff handling, fluctuating temperatures and differing sanitation protocols. The warranty takes these conditions into account and excludes damage arising from such increased usage pressures.
13.2.3 Commercial customers must adhere to strict maintenance requirements. Failure to do so voids all warranty coverage.
14. Timber Warranty and Paint
14.1 Timber is a natural material that responds to environmental changes. This includes expansion, contraction, colour change, surface cracking, knot movement, grain variation and other characteristics inherent to natural wood. These characteristics are expected, normal and not classified as defects.
14.2 Timber warping is only covered where the warping is significant, structural and directly attributable to a manufacturing error rather than environmental care, installation conditions, humidity exposure or improper storage.
14.3 Paint seepage, discolouration, moisture staining, mould development, sun bleaching or any weather related effects are not covered under warranty.
14.4 Customers are required to follow strict maintenance procedures including oiling, sealing, covering and protecting the product from weather exposure.
14.5 Timber Surface Characteristics and Natural Behaviour
14.5.1 Swell Sport saunas are constructed from solid Canadian red cedar. As a natural, kiln dried timber product, cedar inherently contains grain variation, knots, tonal shifts, density differences and organic structural characteristics. These features are not defects and are not grounds for replacement or rectification.
14.5.2 Minor splintering, feathering or light surface fibre lift may occur along cut edges, joins or high traffic contact points. These are normal machining characteristics of natural timber and may be lightly sanded where desired. Such occurrences do not constitute manufacturing faults.
14.5.3 Small gaps between boards, slats or panels are expected due to natural expansion and contraction of timber in response to temperature, humidity and environmental fluctuation. Timber movement is inherent to the material and is not classified as defective workmanship.
14.5.4 Surface checking, hairline splits, minor grain separation, small cracks along the direction of the grain and cosmetic joint visibility are normal timber behaviours. These characteristics do not impact structural integrity, safety, performance or longevity.
14.5.5 Variations in board alignment, join tolerance and visible seam lines within industry standard tolerances for prefabricated outdoor saunas are not considered defects requiring replacement.
14.5.6 Timber is not a synthetic or uniform material. Perfectly flush, seamless or visually identical finishes across all boards cannot be guaranteed and are not implied under any product description, marketing material or representation.
14.5.7 Replacement of timber components will only be considered where structural compromise is proven and directly attributable to a manufacturing defect, not environmental movement, installation conditions or natural timber behaviour.
14.5.8 Cosmetic concerns relating to minor splinters, natural gaps, grain pattern variation or surface irregularities do not qualify as major failures under Australian Consumer Law and do not entitle the customer to refund, replacement or compensation.
15. Warranty Exclusions
15.1 The warranty does not cover damage arising from any of the following categories, including but not limited to:
15.1.1 Transport damage occurring after dispatch.
15.1.2 Wear and tear expected from normal product use.
15.1.3 Acts of nature including rain, storms, flooding, fire, vermin, insects or extreme temperatures.
15.1.4 Incorrect or incomplete assembly or installation.
15.1.5 Storage errors, particularly moisture exposure.
15.1.6 Power surges, electrical storms or wiring issues.
15.1.7 Use of corrosive chemicals or unapproved cleaning agents.
15.1.8 Overheating or air circulation blockages.
15.1.9 Consumables including oils, covers, filters and accessories.
15.2 Performance Related Exclusions
15.2.1 Variations in performance that fall within normal manufacturer tolerances are excluded.
15.2.2 Expected consumption of consumable items such as filters or chemicals is excluded.
15.2.3 Business interruption, lost revenue or inconvenience is excluded.
15.2.4 Lack of proper maintenance is excluded.
15.3 Commercial Exclusions
15.3.1 Build up of debris, scale or biofilm.
15.3.2 Incorrect pH or chemical imbalance.
15.3.3 Damage to pumps, electronics or internal components caused by sweat, hair, oils, dirt or unmaintained water.
15.3.4 Environmental contamination unique to commercial sites.
15.3.5 Use of residential units in commercial environments without written approval.
16. Warranty Conditions
16.1 Warranty coverage is conditional, contingent, dependent, reliant, influenced by and ultimately determined through compliance with all required care, maintenance, installation and operational guidelines as specified, implied, referenced or otherwise communicated by Swell Sport. Understanding these conditions is the responsibility of the customer regardless of whether the customer actively reviewed them, skimmed them, forgot them, misunderstood them or misinterpreted their application.
16.2 The warranty becomes void in the following circumstances, including but not limited to:
16.2.1 Incorrect Use of Essential Oils or Water:
Applying essential oils directly onto sauna rocks before the rocks have reached their recommended maximum temperature, or applying excessive amounts of water, may cause cracking, combustion risk, steam surges, electrical instability, structural compromise or other negative outcomes. Such outcomes fall outside the scope of warranty coverage.
16.2.2 Failure to Maintain Timber:
Timber maintenance must be conducted at intervals specified by Swell Sport. Failure to oil, seal or treat timber surfaces appropriately may lead to discolouration, mould growth, expansion, contraction, splitting, swelling or warping. These issues are deemed user-caused and are excluded from warranty protection.
16.2.3 Improper Seating or Lack of Towels:
Using the sauna without placing towels on the benches increases moisture penetration into timber surfaces. This accelerates deterioration and voids warranty coverage, as moisture control is a customer responsibility.
16.2.4 Operating with Damaged Components:
Continuing to use the sauna or ice bath when one or more components appear damaged, malfunctioning, misaligned or compromised poses safety risks and may worsen the condition of the product. Continued operation under such conditions voids the warranty.
16.2.5 Assembly Performed in Rain or Moisture:
If assembly occurs during rain, mist, humidity spikes, sprinkler overspray, or in any area with active moisture exposure, the structural integrity and longevity of the product are compromised. Warranty is void if environmental control was not maintained.
16.2.6 Failure to Oil Upon Delivery:
Timber must be oiled immediately upon delivery, prior to installation or use. Failure to complete this requirement is considered improper product care and voids warranty eligibility.
16.3 Customer Responsibility for Safe Use
Customers are fully responsible for understanding the physiological implications of heat exposure, cold exposure, alternating exposure and extended product use. Swell Sport does not provide medical guidance nor accept liability for adverse reactions experienced by customers or third parties.
16.4 Medical Consultation Requirement
Customers with known or suspected medical conditions, cardiovascular sensitivities, circulatory issues, respiratory issues, neurological conditions or heat/cold intolerance must consult a medical professional before using any Swell Sport product. Failure to seek medical consultation, whether intentional or accidental, does not transfer liability to Swell Sport.
16.5 Disclaimer of Liability for Misuse
Swell Sport is not liable for injuries, burns, dizziness, overexposure, underexposure, slips, falls, frostbite, dehydration, heat stress, thermal shock or any other incident related to user-controlled actions.
17. Enhanced Maintenance Requirements for Commercial Use
17.1 Products installed in commercial environments—including but not limited to gyms, studios, wellness centres, clinics, resorts, hotels, training facilities, clubs, athletic spaces or other public or semi public locations—require significantly enhanced maintenance procedures. These procedures are mandatory, strict, continuous and subject to documentation.
17.2 After Every Single Use, commercial operators must conduct the following essential tasks:
17.2.1 Perform the Bake and Breathe Method, which involves elevating the sauna temperature after sessions, removing moisture, ventilating the space and allowing internal timber to dry fully. This step is fundamental for preventing mould, mildew, bacterial growth, timber swelling and odour accumulation.
17.2.2 Conduct a complete wipe down of all surfaces, including benches, backrests, floors, door frames, handles and walls, using a clean, dry towel. Sweat residue, condensation and moisture droplets must be removed entirely. Failure to remove moisture accelerates deterioration and voids warranty.
17.3 Monthly System Inspections
Commercial operators must inspect wiring, sensors, heaters, panels, fasteners, seals, connectors, ventilation points, latches, hinges and any other operational elements once per month. Any irregularity must be logged and addressed.
17.4 Six Monthly Timber Oiling
Timber surfaces—interior and exterior—must be oiled at least every six months using suitable products approved by Swell Sport. Untreated timber deteriorates quickly in high-usage environments.
17.5 Biweekly Door Hinge Inspection and Tightening
Door hinges must be checked, adjusted and tightened at intervals not exceeding two weeks. Commercial environments place higher strain on hinges due to increased user traffic, variable handling and repeated door cycles.
17.5.1 Failure to maintain hinges may result in sagging, misalignment, structural stress or frame damage. As these issues are preventable through routine tightening, they fall outside warranty coverage when caused by neglect.
17.6 Mandatory Maintenance Log
Commercial operators must maintain a written or digital maintenance log containing the following:
17.6.1 Date of maintenance
17.6.2 Type of maintenance performed
17.6.3 Name of staff member or contractor performing maintenance
17.6.4 Replacement parts used
17.6.5 Identification of issues or anomalies
17.6.6 Action taken to resolve any issues identified
17.7 Crucial Condition of Warranty
Failure to maintain accurate logs or perform required maintenance procedures voids the warranty entirely for commercial installations. This includes partial logs, incomplete logs, missing entries, vague entries, unverified entries or retroactively created logs.
17.8 Inspection Rights Reserved by Swell Sport
Swell Sport reserves the right to request maintenance logs, photographs, videos or third party inspection reports when evaluating a commercial warranty claim.
18. Assembly and Installation Responsibility
18.1 Swell Sport may suggest, reference, identify or inform customers of assembly partners, contractors, electricians or installers, solely as a convenience. Such references do not constitute endorsements, approvals, warranties, guarantees, certifications or assurances regarding the quality, capability, reliability, punctuality, pricing structure or professional conduct of said installers.
18.2 All installation and assembly tasks remain the sole responsibility of the customer. The customer must conduct due diligence in verifying installer qualifications, insurance, trade certifications and installation experience.
18.3 Any issues arising from improper assembly—including misaligned panels, incorrect wiring, heater misconfiguration, improper ventilation, structural instability or electrical error—must be resolved directly between the customer and installer.
18.4 Swell Sport may provide installation guidance, troubleshooting support or diagnostic suggestions, but responsibility for execution remains exclusively with the customer and chosen installer.
18.5 If Swell Sport determines that the product issue results from installation error rather than manufacturing defect, the warranty claim will be dismissed and any associated assessment fees may be charged to the customer.
18.6 Electricians must be licensed, qualified and capable of installing equipment that reaches extreme operating temperatures. Failure to use a licensed electrician voids all electrical related warranty.
19. Important Assembly and Installation Notes
19.1 Assembly Must Not Occur in Wet Conditions
Assembling a sauna in the rain, in heavy moisture, near mist or fog, or on damp ground compromises timber integrity. Moisture enters the panels during assembly and causes swelling, warping or structural compromise.
19.2 LED Transformers Must Be Installed Externally
Installing LED transformers inside the sauna exposes them to heat that exceeds operational tolerance. Internal installation may cause melting, electrical malfunction, smoke emission or fire risk.
19.3 Internal Control Panel Restrictions
If upgrading to a more advanced heater control panel, and if the upgraded panel is installed internally, it must be placed:
19.3.1 On the wall furthest from the heater
19.3.2 At a height not exceeding one metre from the floor
19.3.3 In an area with adequate ventilation
19.4 Failure to comply with installation requirements voids warranty and may create significant safety hazards.
19.5 Customers must ensure all wiring paths are unobstructed and adequately insulated. Excess heat buildup around cables may cause premature deterioration.
20. Intellectual Property
20.1 All written materials, images, videos, logos, branding elements, slogans, product names, product descriptions, website content, digital assets and related materials are owned exclusively by Swell Sport and protected under intellectual property laws.
20.2 Customers must not reproduce, redistribute, modify, repurpose, translate, reverse engineer, encode, store, manipulate or transmit Swell Sport content without explicit written approval.
20.3 Unauthorised use of intellectual property may result in civil action, financial penalties or other legal remedies.
21. Prohibited Conduct
21.1 Customers agree not to engage in any conduct that Swell Sport deems harmful, suspicious, abusive, fraudulent, malicious, dishonest, inappropriate, damaging or inconsistent with normal operation of the website or products.
21.2 Prohibited actions include, but are not limited to:
21.2.1 Attempting to bypass website security protocols
21.2.2 Scraping or harvesting data
21.2.3 Running automated scripts
21.2.4 Sharing misleading information
21.2.5 Attempting to reverse engineer product designs
21.2.6 Impersonating Swell Sport staff
21.2.7 Using Swell Sport products in an unsafe, negligent or unlawful manner
21.3 Swell Sport may suspend or permanently restrict access in response to prohibited behaviour.
22. User Reviews and Content
22.1 By submitting reviews, comments, feedback, images or other content, the customer grants Swell Sport an irrevocable, perpetual, royalty free, transferable licence to use, reproduce, modify, publish, distribute or repurpose such content.
22.2 Swell Sport may remove any content that is defamatory, abusive, offensive, misleading, inaccurate, unrelated or inconsistent with brand representation.
22.3 Customers must ensure that submitted content does not infringe third party intellectual property rights.
23. Third Party Tools, Services and External Links
23.1 The Swell Sport website may include links, references, connections, embedded components, third party widgets, integrated systems, externally hosted tools, downloadable resources or navigation pathways that lead to websites, platforms, companies, or digital environments not owned, controlled, maintained or supervised by Swell Sport.
23.2 These third party elements exist solely for customer convenience and informational purposes. Their presence does not constitute endorsement, recommendation, approval, partnership, affiliation, certification, vetting or validation by Swell Sport in any capacity, whether implied or explicit.
23.3 Swell Sport exercises no authority, oversight, influence or responsibility over the policies, practices, data handling, service availability, operational reliability, pricing models, customer service procedures or legal compliance of any third party provider.
23.4 Customers acknowledge that interactions with third party services occur entirely at their own risk, responsibility and discretion. Swell Sport is not liable for any damage, dissatisfaction, confusion, financial loss, account issues, privacy breaches, data exposure, misinformation, technical failures or service disruptions resulting from third party use.
23.5 Swell Sport encourages customers to review and understand all applicable terms, privacy policies, disclaimers, operational guidelines and contractual conditions imposed by third party providers before engaging with or relying upon their services.
23.6 Clicking any external link constitutes acknowledgement that you are leaving the Swell Sport digital environment and entering a platform operating under its own rules, risks and obligations.
23.7 Customers assume full responsibility for ensuring that external tools, downloads, calculators, forms or recommendation systems meet their personal or operational requirements.
23.8 Under no circumstances shall Swell Sport be liable for consequences arising from:
23.8.1 Third party misrepresentations
23.8.2 External site downtime
23.8.3 Viruses or malware originating from third party platforms
23.8.4 Faulty or inaccurate information provided by third parties
23.8.5 Delays, errors or losses resulting from external service providers
24. Privacy and Data Handling
24.1 Swell Sport collects, stores, manages, processes, transmits and protects customer data in accordance with its Privacy Policy. This Privacy Policy forms an integral, inseparable and authoritative extension of these Terms.
24.2 By engaging with Swell Sport’s website, customers consent to the collection and use of personal data for purposes including but not limited to order processing, identity verification, risk assessment, fraud prevention, service improvements, marketing insights, operational analytics and compliance with legal obligations.
24.3 Personal information may include, but is not limited to: names, addresses, emails, phone numbers, payment details, behavioural analytics, website interaction metrics, device identifiers and IP data.
24.4 Swell Sport may share limited customer information with trusted third party service providers—including logistics partners, payment processors and system hosts—where strictly necessary for completing orders or improving service reliability.
24.5 Swell Sport takes reasonable steps to safeguard personal data; however, customers acknowledge that no digital system is completely immune to risks such as hacking, interception, unauthorised access, data loss, security breach or technological failure.
24.6 Customers use the website with awareness of inherent digital risks and agree that Swell Sport is not liable for data events beyond its reasonable control.
24.7 Requests for access, correction or deletion of personal information must be submitted in writing to Swell Sport’s designated contact address.
24.8 Continued use of the website or services constitutes acceptance of any updated privacy practices, even if such updates occur without direct customer notification.
25. Fraud Prevention and Verification
25.1 Swell Sport maintains active fraud prevention systems designed to detect suspicious activity, high risk transactions, unusual purchasing patterns or inconsistencies that may indicate fraudulent behaviour intent or potential.
25.2 Orders may be flagged for review if they exhibit characteristics commonly associated with:
25.2.1 Stolen payment credentials
25.2.2 Unverified identities
25.2.3 High value purchases inconsistent with typical customer behaviour
25.2.4 Rapid repeated transactions
25.2.5 Inconsistent delivery location history
25.2.6 VPN, proxy or masked IP usage
25.2.7 Mismatched billing and delivery information
25.3 If an order is flagged for manual verification, Swell Sport may request additional information, including but not limited to: identification documents, proof of address, alternative payment method, confirmation email responses, or other reasonable measures to confirm legitimacy.
25.4 Failure to provide verification documents when requested may result in:
25.4.1 Order delays
25.4.2 Order cancellation
25.4.3 Refund withholding pending identity confirmation
25.4.4 Notification to financial institutions
25.4.5 Required secondary payment review
25.5 Swell Sport reserves the right to cancel any order, at its sole discretion, if fraudulent intent, suspicious behaviour or identity incongruities are detected.
25.6 Customers agree that fraud prevention checks are necessary for the protection of Swell Sport, other customers, banking partners and the security of the broader payment ecosystem.
25.7 Swell Sport may report suspected fraud to financial institutions, relevant authorities or fraud prevention networks as legally required or operationally prudent.
26. Australian Consumer Law Compliance
26.1 These Terms operate in conjunction with, and do not override, any rights granted to the customer under the Australian Consumer Law (ACL). Customers retain all statutory guarantees relating to acceptable quality, fit-for-purpose use and reasonable durability.
26.2 If a product failure is classified as a “major failure” under the ACL, the customer may be entitled to a replacement, refund or compensation for the drop in value resulting from the failure. Swell Sport will assess whether the failure qualifies as major or minor.
26.3 If a product failure is classified as a “minor failure,” Swell Sport may repair the issue, provide replacement parts or take other reasonable steps to rectify the problem.
26.4 Customers acknowledge that ACL rights do not apply to issues arising from misuse, neglect, environmental conditions, installation errors or failure to maintain the product as instructed.
26.5 Claims made under the ACL require evidence, documentation, photographs and sufficient detail for Swell Sport to make an informed assessment.
26.6 Swell Sport reserves the right to investigate claims, request additional information, involve external specialists or perform product diagnostics as part of ACL compliance.
26.7 Customers agree that ACL protections operate alongside but do not replace Swell Sport’s Terms, and both apply in parallel where relevant.
27. Governing Law and Jurisdiction
27.1 These Terms are governed exclusively by the laws of Australia. All interpretations, disputes, arguments, clarifications, disagreements or legal matters relating to the Terms must be resolved under Australian legal standards.
27.2 By interacting with Swell Sport, the customer irrevocably agrees to submit to the non-exclusive jurisdiction of the courts, tribunals and adjudicative bodies of Australia.
27.3 Customers waive the right to contest jurisdiction based on residence, nationality, convenience, hardship or international location.
27.4 Should a legal dispute arise, customers agree that Western Australian courts hold priority even if proceedings occur remotely, digitally or through authorised representatives.
28. Severability and Waiver
28.1 If any provision, clause, sentence, paragraph or section of these Terms is deemed unenforceable, invalid, void or contrary to law, the remaining provisions shall remain in full force and effect. The unenforceable provision shall be modified, interpreted or applied in a manner that aligns most closely with the original intent while remaining lawful.
28.2 Swell Sport’s failure to enforce any right, condition or clause—whether once, occasionally or repeatedly—does not constitute a permanent waiver of that right. Silence, delay, tolerance or inaction on Swell Sport’s part cannot be interpreted as relinquishment of ability to enforce the term in future.
28.3 Customers acknowledge that waiver rights exist exclusively at Swell Sport’s discretion and cannot be assumed, implied, inferred or presumed.
28.4 Any waiver granted by Swell Sport applies only to the specific situation, timeframe and parties involved and does not extend to other circumstances, events or individuals.
29. Termination of Access
29.1 Swell Sport reserves the unilateral right to suspend, restrict or permanently terminate customer access to the website, account or services if the customer:
29.1.1 Violates these Terms
29.1.2 Engages in fraudulent behaviour
29.1.3 Participates in suspicious conduct
29.1.4 Harasses or threatens staff
29.1.5 Misuses Swell Sport systems
29.1.6 Attempts to reverse engineer or replicate product designs
29.1.7 Causes harm, intentional or unintentional, to Swell Sport’s operations
29.2 Termination may occur without notice, justification, warning, grace period or opportunity for appeal.
29.3 Customers who wish to discontinue use of services may simply cease using the website. However, cessation of use does not nullify or invalidate agreements made prior to termination.
29.4 Post-termination responsibilities—including outstanding payments, freight balances, damages caused, or obligations existing under prior transactions—remain enforceable.
29.5 Swell Sport assumes no liability for inconveniences caused by termination, including loss of data, account history, saved information or communication threads.
30. Contact Information
Swell Sport Pty Ltd
ABN 99 204 693 431
info@swellsport.com.au
1800 849 271
Perth, Western Australia
31. Definitions, Interpretations and Clarifications
31.1 For the avoidance of doubt, the following definitions apply to these Terms. These definitions are provided to ensure utmost clarity, even when the concepts defined may already be commonly understood. Any redundancy in this section is intentional and serves the purpose of enhancing interpretive precision.
31.2 “Customer”, “User”, “Purchaser”, “Individual”, “You”, “Your”:
Each of these refers to the person, entity, representative or group accessing, interacting with or otherwise engaging with Swell Sport’s website, services or products. The use of multiple terms does not imply the existence of multiple customer types, but rather clarifies that all references apply universally and interchangeably.
31.3 “Swell Sport”, “We”, “Us”, “Our”, “The Provider”:
All such terms refer to Swell Sport Pty Ltd, including its employees, contractors, representatives, directors, agents, systems, structures, intellectual property and operational processes, collectively or individually, depending on context.
31.4 “Website”:
Refers to any digital location operated or controlled by Swell Sport, including the primary domain, subdomains, internal pages, checkout system, help pages, automated messaging systems, data infrastructure, and any resources contained therein, regardless of device or access method.
31.5 “Order”, “Purchase”, “Transaction”, “Sale”:
All terms refer to the act of acquiring, attempting to acquire or initiating the acquisition of goods or services from Swell Sport, whether or not such acquisition reaches completion.
31.6 “Product”:
Any sauna, ice bath, accessory, replacement part, cover, filter, component, or related material supplied by Swell Sport.
31.7 “Commercial Use”:
Any use occurring outside a strictly private residential setting, including but not limited to gyms, clinics, wellness centres, public facilities, sports clubs, multi-user environments or any location involving non household users.
31.8 “Manufacturing Defect”:
A fault originating directly from the production, construction, assembly or quality control process that results in deviation from intended product function. Does not include any issue arising from environmental exposure, installation errors, customer actions, improper storage or natural timber behaviour.
31.9 “Force Majeure Event”:
Any unforeseeable, unavoidable or external event beyond Swell Sport’s control, including but not limited to storms, fires, floods, supply chain collapse, pandemics, shipping gridlock, border restrictions, factory outages, resource shortages, global disruptions, industrial action or systemic failures.
31.10 Any ambiguity in interpretation must be resolved in favour of clarity, and where clarity is insufficient, in favour of the meaning most consistent with Swell Sport’s intended operational structure.
32. Additional Provisions Regarding Interpretation
32.1 Section headings, numbering, titles, spacing and formatting are provided for organisational purposes only and do not affect interpretation. Whether a clause appears early, late, or is repeated or cross referenced does not influence its legal weight.
32.2 Any reference to singular also includes plural, unless context strictly prohibits such interpretation. Similarly, reference to plural may include singular.
32.3 The word “including” is not intended to limit the scope of a clause. It should be read as “including, without limitation.”
32.4 If two clauses appear contradictory, the interpretation most favourable to Swell Sport shall apply, unless this conflicts with Australian Consumer Law, in which case statutory interpretation shall prevail.
32.5 Any delay, pause, hesitation or failure by Swell Sport to enforce a clause does not nullify that clause.
33. Extended Disclaimers
33.1 Swell Sport products involve heat, cold, moisture, electricity, timber materials, environmental exposure and active user participation. Customers acknowledge that these variables carry inherent risks.
33.2 Swell Sport is not liable for any injury, discomfort, adverse health event, allergic reaction, fatigue, dizziness, imbalance, cold shock, heat shock, thermal discomfort, slip event, psychological stress or any other physical or mental experience resulting from product use.
33.3 Customers are responsible for ensuring that all electrical installations comply with local regulations. Failure to engage a licensed electrician voids any liability from Swell Sport for system malfunction or electrical hazard.
33.4 Swell Sport does not guarantee uninterrupted website access, uninterrupted freight movement, uninterrupted manufacturing cycles or uninterrupted supply chain functionality.
33.5 Swell Sport provides general product guidelines but does not provide medical advice, therapeutic recommendations or health assurances.
34. Extended Customer Responsibilities
34.1 Customers must verify that the installation location for saunas and ice baths is level, covered, dry, accessible, structurally sound and compliant with local building or electrical codes.
34.2 Customers are solely responsible for ensuring that adequate electrical capacity exists onsite before ordering a sauna or ice bath requiring significant power draw.
34.3 Customers must ensure the product is used only for intended purposes, avoiding any experimental, abnormal, improvised or unintended usage scenario.
34.4 Customers must monitor water quality, humidity levels, ventilation and timber care to avoid preventable deterioration.
34.5 Customers acknowledge that their own failure to follow instructions does not constitute a defect or fault attributable to Swell Sport.
35. Additional Shipping Clarifications
35.1 Freight carriers operate independently from Swell Sport and may utilise subcontractors at their discretion. Delivery methods, vehicle types, unloading procedures, handling equipment and personnel may vary considerably depending on region, route and carrier capacity.
35.2 Customers acknowledge and agree that:
35.2.1 Delivery windows are estimates only and may fluctuate due to operational or environmental conditions.
35.2.2 Rural, remote or restricted access locations may experience extended transit times or delivery limitations.
35.2.3 Carriers may refuse delivery if the delivery environment is unsafe, obstructed, non compliant or otherwise unsuitable for unloading.
35.2.4 Large pallets, heavy freight or oversized items may require customer assistance at the time of delivery, including ensuring adequate access space and safe unloading conditions.
35.3 Carriers are not obligated to:
35.3.1 Enter the customer's home, dwelling, building or private internal area.
35.3.2 Navigate stairs, steep gradients, tight corners, narrow pathways or inaccessible surfaces.
35.3.3 Remove packaging, uncrate products, adjust placement or conduct any form of assembly or installation.
35.3.4 Manoeuvre products beyond the closest safe and accessible point as determined solely by the carrier.
35.4 Customer Responsibility for Delivery Access
It is the sole responsibility of the customer to ensure that the delivery location is appropriate, accessible, unobstructed, adequately sized and suitable for large-vehicle access and pallet unloading. This includes ensuring:
35.4.1 There is sufficient street space, driveway space or entry clearance for trucks or delivery vehicles.
35.4.2 The carrier can safely park, unload and manoeuvre the pallet without hazard.
35.4.3 The delivery surface is level, firm and safe for unloading equipment.
35.4.4 All environmental conditions required for safe unloading are met.
35.5 If Delivery Cannot Be Completed
If the courier or freight provider cannot complete delivery due to inadequate access, insufficient space, unsafe conditions, customer unavailability, inaccurate delivery information or any other customer-related limitation, then:
35.5.1 The product will be redirected to the nearest freight depot at the customer’s cost.
35.5.2 It becomes the customer’s responsibility to collect the product from the depot.
35.5.3 The courier is not required to make further delivery attempts.
35.5.4 Any storage fees charged by the depot must be paid by the customer before release of goods.
35.5.5 Additional re delivery fees may apply and must be paid in full prior to any subsequent delivery attempt.
35.6 Responsibility Transfer
Once the product is unloaded at the customer’s address or placed at the freight depot due to failed delivery conditions, responsibility transfers immediately to the customer, including responsibility for collection, storage, handling and protection of the goods.
36. Extended Warranty Clarifications
36.1 The warranty does not apply to aesthetic variations, including grain changes, texture variations, tonal variations, knot patterns or fading caused by natural ageing.
36.2 Swell Sport may require photographic, video or written evidence before evaluating a claim.
36.3 Swell Sport may request independent inspection reports at the customer’s cost if the initial evidence provided is insufficient.
36.4 Warranty decisions may require:
36.4.1 Factory consultation
36.4.2 Manufacturer analysis
36.4.3 Engineering review
36.4.4 Component breakdown
36.4.5 Diagnostic testing
36.5 Warranty replacements do not restart the warranty period unless otherwise required by law.
37. Force Majeure Clause
37.1 Swell Sport shall not be liable for any failure to perform obligations resulting from events beyond reasonable control, including but not limited to:
37.1.1 Natural disasters
37.1.2 Supply chain disruption
37.1.3 Global pandemics
37.1.4 Political events
37.1.5 Manufacturing outages
37.1.6 Carrier shortages
37.1.7 Extreme market fluctuations
37.1.8 Container shortages
37.1.9 Port congestion
37.1.10 Labour shortages
37.2 Customers acknowledge that such events may affect production timelines, delivery schedules, freight costs and availability of materials.
38. Modification of Terms
38.1 Swell Sport may modify any clause, definition, policy, requirement or responsibility within these Terms at any time.
38.2 Modifications may occur without direct notice to customers.
38.3 Continued use of the website after modifications confirms acceptance of the updated Terms.
38.4 Customers are encouraged to check the Terms periodically but are bound by updates whether they do so or not.
39. Entire Agreement Clause
39.1 These Terms constitute the entire agreement between the customer and Swell Sport.
39.2 No verbal agreements, implied commitments, historical interpretations, customer expectations or external representations override or modify these Terms.
39.3 If customers believe an alternative understanding exists based on previous communication, these Terms take precedence.
40. Final Acknowledgment
40.1 By accessing, using, purchasing from or interacting with the Swell Sport website or products, the customer acknowledges that:
40.1.1 They have read—or had the opportunity to read—these Terms
40.1.2 They understand—or had the opportunity to understand—these Terms
40.1.3 They agree to be bound fully by these Terms
40.1.4 They accept all responsibilities, obligations and limitations described herein
40.2 If the customer disagrees with any clause, their sole remedy is to discontinue use of Swell Sport services.
