Terms of Sale
General Terms and Conditions of Sale
These General Terms and Conditions of Sale (these “Terms of Sale”) govern the sale of swimwear products manufactured and marketed under the brand GOTTEX (the “Products”) by Swimsuit Commissions Corp., a company registered under the laws of New York with an address at 550 7th Ave. 12th floor New York, NY 10018 or the website www.gottex-swimwear.com (the “Site”). The Products shall only be purchased for personal use, and not for resale or other commercial purposes, by users who are at least 18 years old (“Customers” or “you”).
By placing an order for Products on the Site, you expressly accept the Website Policies (as defined below), and Gottex’s acceptance of your order, and agreement to deliver the Products, is expressly conditioned on your acceptance of the Website Policies.
1. Orders
All orders are subject to written acceptance by Gottex. Receipt and acceptance of an order, or rejection thereof, by Gottex shall be confirmed by email sent to the email address indicated by the Customer when submitting the order. If the order is accepted, the email order confirmation will include a summary of the purchase (i.e., price of the Product(s), shipping costs, sales tax and address to which the Product(s) will be shipped) and an order number, which must be used in all future communications with Gottex regarding such order. Once payment for the Product(s) has cleared and the order has shipped, you will receive a shipping confirmation e-mail. This information may also be accessed through the “Orders” section of your account.
Orders shall be filled in the order in which they are received by Gottex, subject to availability, and Gottex reserves the right to make partial shipments of an order.
Gottex reserves the right, at any time for any reason, to cancel, refuse to process or refuse to accept an order, in whole or in part, even after an order confirmation has been sent to a Customer. Gottex shall not be liable to the Customer or any other third party for refusing to process or accept an order after the Customer has received an order confirmation. In the event that Gottex, for any reason, cannot fulfill, cancels or refuses to process an order that has already been accepted in writing by Gottex, Gottex shall notify the Customer in writing by email and refund the Customer any payment or portion thereof that Gottex received for the applicable order or portion thereof. If only certain Products ordered by the Customer are unavailable, any Products forming part of the same order which are still available will be shipped and charged to the Customer.
2. Products
The only Products offered for sale by Gottex are those shown on the Site. The essential characteristics of the Products are presented on the information sheets available on the Site. Gottex reserves the right to modify or discontinue any Product offered for sale on the Site without notice to the Customers at any time. For more information about a Product, you can contact us at cs@gottexbrand.com
Customers acknowledge and agree that all images shown on the product pages or other pages of the Site are shown for information purposes only and may not be wholly representative of the Products and their features. Products may have variations from the images shown on the Site, including without limitation as a result of the different devices used to view the Site or browser settings, manufacturing process or supply issues, or the availability and variability of Products. We attempt to display the Products and other materials and information you view on the Site, including pricing, as accurately and reliably as possible. However, we do not guarantee the accuracy of such materials and information. In the event of an error, we reserve the right, in our sole discretion and subject to these Terms of Sale, to correct such errors and revise your order accordingly (including charging the correct price) or to cancel your order and issue you a credit refund.
3. Prices and Payment Methods
All prices indicated on the Site shall be in U.S. Dollars, and shall be exclusive of applicable taxes and shipping charges. All applicable taxes and shipping charges shall be added to the price at check-out, and the Customer shall have an opportunity to review all such charges prior to completing and submitting an order. The amount of taxes and other charges shall depend on various factors, including, without limitation, the type of Product purchased, the price of the Product and the destination of the shipment. Sales tax regulations may change between the time you place an order and the time payment is cleared, which may affect the calculation of sales taxes. The amount appearing on the checkout page may differ from the sales taxes ultimately charged, as indicated in the invoice you will receive with the shipping confirmation e-mail.
We reserve the right to change the prices of any Products at any time without notice to you. Further, in the event that any items on the Site are mispriced, Gottex shall have the right to refuse or cancel any orders placed for Products listed at the incorrect price, regardless of whether the Customer has received an order confirmation or paid for the order. If the order is cancelled by Gottex after payment has already been made, Gottex will promptly refund the amount of the incorrect price to the Customer.
The price of the Products, shipping and delivery costs and applicable sales taxes will be charged to your account when Gottex is ready to ship the Products. Products will not be shipped unless and until full payment has been received and cleared by Gottex.
Payment for the Products may be made by credit card or debit card. All payments made through the Site are secure; for more information on Gottex’s secure collection of your payment information, please view our privacy policy link.
At checkout, the Customer may apply any coupons or other promotional codes offered by Gottex. The system will automatically adjust the total order amount, deducting any discounts or allowances. Any coupons or promotional codes may only be used in accordance with the terms provided upon issuance of the coupon or promotional code. Only one promotional code can be used per order and promotional codes cannot be transferred to others or redeemed for cash or credit.
4. Shipping
Gottex ships to Customers located in the United States and Canada.
Products shall be shipped to the address indicated by the Customer upon placing the order, after Gottex’s receipt of payment in full for the order.
Shipment and delivery dates set forth in any order, order confirmation or in these Terms of Sale are estimates only and such estimates shall not be deemed a representation by Gottex. Gottex shall not be liable for failure to ship or deliver the Products by the estimated delivery dates, and the Customer shall not be entitled to any refunds or cancellation of orders as a result of delayed shipment. Notwithstanding the foregoing, in the event that Gottex is unable to ship an order within the estimated time provided in the order confirmation email (or thirty (30) days of receipt of an order if no estimated delivery date was provided), [the Customer will receive an email from Gottex notifying the Customer of the delay in shipment].At such time, the Customer will have the option of cancelling the order for a full refund or consenting in writing to the delay.
Upon delivery of the Products to the applicable carrier, the risk of loss or damage shifts to the Customer. Delivery is deemed complete and title to the Products passes to the Customer upon acceptance of the shipment by a common carrier.
5. Deliveries
You are solely responsible for inspecting all Products you receive for any damage or other issues upon delivery. You should always inspect your delivery for completeness and integrity. Any quantity discrepancies, defects, damage or other non-conformity must be notified to Gottex by email at cs@gottexbrand.com or calling Toll Free: 844-643-9050 within twenty-four (24)-48hours of delivery. Failure to make a claim in accordance herewith shall constitute an irrevocable acceptance of the Products by Customer. Customer’s exclusive remedy for any quantity discrepancy or non-conformance is limited, at Gottex’s option, to Gottex’s provision of any missing Products or replacement of non-conforming Products, subject to availability of the relevant Products, or a refund of the price of the applicable missing or non-conforming Product(s).
If you are not home when your order is delivered, the delivery driver will leave it at your address. If a delivery cannot be safely left at your address, you are responsible for making alternate arrangements and for timely changing your delivery instructions in your account if necessary. You are solely responsible to properly store all Products prior to use.
6. Return Policy
Please review our Return Policy link prior to completing your purchase.
7. Limitation of Liability
YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE USE OF THE PRODUCTS. AS SUCH, THE PRODUCTS ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND GOTTEX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE PRODUCTS, AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GOTTEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE PRODUCTS CONTAINED ON THE ORDER CONFIRMATION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL GOTTEX BE LIABLE FOR ANY LOSS, DAMAGE OR CLAIM FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OPPORTUNITY OR DATA, OR DELAY, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT GOTTEX IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCT, GOTTEX’S LIABILITY SHALL BE STRICTLY LIMITED TO THE PRICE OF THAT PRODUCT.
8. Force Majeure
Gottex shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control, including, without limitation, acts of God, war, acts of terrorism, insurrections, riots, embargoes, fires, strikes, delays in transportation, epidemic, pandemic or other public health issue, inability to obtain supplies of raw materials or equipment used in the manufacture of the Products, failure of any party to perform any contract with Gottex related to the production of the Products, blackouts or governmental laws, regulations, orders or actions.
9. Customer Service
Gottex’s customer service department is available for all inquiries regarding orders, deliveries, purchases, complaints, requests for information and, more generally, these Terms of Sale by writing to [cs@gottexbrand.com]or calling By phone: (US & Canada): Toll Free: 844-643-9050
10. Website Policies
For any other legal information concerning your access to, use of, or the way the Site may use and collect your personal information, please read the Site’s General Terms and Conditions of Use and Privacy Policy (together with these Terms of Sale, collectively, the “Website Policies”).
Gottex reserves the right to amend any portion of the Website Policies at any time and without prior notice to you; as such, please make sure you review the current Website Policies prior to making a purchase on the Site. Any amendments or updates to any Website Policies shall be effective upon publication in their respective sections of the Site.
11. Miscellaneous
Any dispute arising out of or relating to these Terms of Sale or your use of the Site shall be resolved by binding arbitration pursuant to the Federal Arbitration Act, which shall govern the interpretation and enforcement of this arbitration agreement. The arbitration is to be held before a single arbitrator pursuant to the then-current Consumer Arbitration rules of the American Arbitration Association (the “AAA”) and conducted in the County and City of New York, State of New York. The arbitrator shall be jointly selected by the parties. If the parties are unable to agree upon the arbitrator, either party may request the AAA to select the arbitrator. Before beginning the proceedings, the appointed arbitrator must provide an oath or undertaking of impartiality. All arbitration proceedings shall be conducted on a confidential basis. Any award, order or judgment pursuant to such arbitration shall be deemed final and binding upon the parties and may be enforced in any court of competent jurisdiction. Prior to any arbitration hereunder, the parties mutually agree to mediate any disputes in accordance with the then-current AAA’s Mediation Procedures. The costs for such non-binding mediation shall be shared equally between the parties. Each party shall bear the cost of their own attorneys. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Further, the parties agree that the arbitration of any dispute shall be conducted on an individual basis, not a class-wide basis, and that no arbitration proceedings may be consolidated with any other arbitration or other legal proceeding involving Gottex or any other person. You further agree not to be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Gottex for any dispute. The parties agree that the arbitrator of any dispute between the parties shall not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding.
YOU UNDERSTAND THAT BY AGREEING TO SUCH BINDING ARBITRATION YOU ARE HEREBY WAIVING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE GENERAL TERMS AND CONDITIONS OF SALE (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT IN CONSIDERATION OF, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
You may opt out of this arbitration agreement by sending us written notice, within 30 days of the time you consent to these Terms of Sale, to the following email address: cs@gottexbrand.com
These Terms of Sale and their interpretation shall be governed by the laws of the State of New York without regard to its conflicts of law rules. Except as provided above as to those disputes submitted to arbitration pursuant to the Federal Arbitration Act, any other dispute must be brought in [state or federal court in New York, New York], and you expressly submit to the jurisdiction of such courts and waive any claims that such courts are an inconvenient forum. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchase or sale hereunder.
These Terms of Sale, together with the other Website Policies, shall constitute the entire agreement between you and Gottex. The invalidity or unenforceability, in whole or in part, of any provision of these Terms of Sale shall not affect the validity or enforceability of any other provision hereof or any other term of the remaining Website Policies. The headings contained herein are for purposes of convenience only and shall not control or affect the meaning or construction hereof.
Last updated: March 18, 2025