Terms & Conditions
Overview
Last updated: December 20th, 2025
These Terms & Conditions (“Terms”) govern your access to and use of the website www.xsuniforms.com (the “Site”) and any orders you place for products and services (collectively, the “Products”) offered by Magasin du Club du Natation du Canada Swim Club Store INC. and/or Swim Club Store LLC (collectively, dba “XS Uniforms”, “Xtreme Sports Uniforms®”, “we”, “us”, or “our”). By accessing or using the Site, creating an account, or placing an order, you agree to be bound by these Terms. If you do not agree, you must not use the Site or place orders. These Terms are intended to comply with applicable consumer protection and e-commerce laws in Canada and the United States. In some jurisdictions, additional mandatory rights may apply that override certain provisions in these Terms. Nothing in these Terms is intended to limit any non-waivable rights you may have under applicable law.
1. Definitions
In these Terms:
“Customer”, “you”, “your” means any individual or entity that uses the Site or purchases Products.
“Custom Products” means any Products that are made-to-order, customized, or personalized, including but not limited to items with specific colours, patterns, names, numbers, logos, sponsors, or artwork provided or approved by you.
“Standard Products” means any Products that are not customized or personalized (if any).
“Order” means an order placed through the Site or directly with us for Products.
“Approved Artwork/Proofs” means any design, mock-up, proof, or sample that you have confirmed as accurate, whether by email, online approval tool, or other written confirmation.
2. Eligibility and Account Registration
2.1 Eligibility
You must be the age of majority in your province, state, or country of residence, or have the consent of a parent/guardian, to place an Order on the Site. By using the Site, you represent that you meet this requirement and have authority to bind any organization or team on whose behalf you place an Order.
2.2 Account Creation
You may be required to create an account to access certain features of the Site or place Orders. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
2.3 Accuracy of Information
You agree to provide accurate, current, and complete information when creating an account, placing Orders, and communicating with us. We are not responsible for delays, errors, or losses resulting from inaccurate or incomplete information supplied by you.
3.Order Process & Acceptance
3.1 Quotations and Pricing
Prices displayed on the Site or in quotations are in [CAD or USD] depending on geographical location, unless otherwise indicated, and may be subject to applicable taxes, shipping, duties, and other charges. We reserve the right to change prices at any time, but such changes will not affect Orders already accepted.
3.2 Placing an Order
You may place an Order via the Site or as otherwise agreed in writing. Your Order constitutes an offer to purchase Products in accordance with these Terms.
3.3 Order Acceptance
Your Order is not binding on us until we:
confirm acceptance in writing (e.g., Order confirmation email); and
receive any required upfront payment, deposit, or full prepayment, as stated at checkout or in your quote.
We may refuse or cancel any Order for any reason, including but not limited to suspected fraud, errors in pricing or product description, or supply constraints. If payment has been taken and your Order is cancelled, we will refund the amount paid for the cancelled portion.
3.4 Taxes and Duties
You are responsible for all applicable sales taxes, value-added taxes, customs duties, tariffs, import/export fees, and other government charges, unless explicitly stated otherwise in writing. For cross-border shipments, local authorities may assess additional duties or fees at delivery.
4. Custom Products, Artwork & Approvals
4.1 Custom Products Only
Most of our Products are Custom Products and are produced specifically for you, your team, or your organization. As a result, they have limited or no resale value and cannot be returned or resold as “off-the-shelf” items.
4.2 Designs, Logos, Names, and Numbers
You are responsible for the accuracy of:
player names, numbers, and sizes;
team names, league or federation logos;
sponsor logos and artwork;
colour specifications, design placements, and style selections.
4.3 Proofs and Approvals
Before production, we may provide digital mock-ups, size runs, or other proofs. You are responsible for reviewing and confirming that all details are correct, including spelling, numbering, colours, and layout.
Your written or electronic approval of proofs is deemed final and binding.
Once you provide approval, changes may not be possible, or may incur additional charges and production delays.
4.4 Colour and Material Variations
You acknowledge that actual colours and materials may differ slightly from on-screen or printed samples due to variations in screens, printers, inks, fabric lots, and manufacturing processes. Minor variations in colour, fabric texture, or finish that are within industry-standard tolerances do not constitute defects and do not qualify for returns or refunds.
4.5 Sizing
We may provide size charts, fit guidance, and sample garments when available. These tools are guidance only. You are responsible for selecting sizes based on your own measurements and preferences. Sizing issues arising from your selection (e.g., choosing incorrect size) do not qualify as defects and are not eligible for returns or refunds, except where we provided written assurance of a particular size for a specific individual and clearly made an error.
5. Shipping, Risk Of Loss & Delivery Times
5.1 Shipping Terms
Products are shipped via third-party carriers to the address you specify at checkout or in your Order. Shipping charges and options will be provided at the time of Order.
5.2 Risk of Loss and Title
Risk of loss and title to Products transfer to you upon delivery to the carrier (FOB shipping point), unless applicable law in your jurisdiction requires otherwise. Once Products are handed to the carrier, we are not responsible for loss, damage, or delay caused by the carrier or customs authorities. You agree to work with the carrier and/or insurer to resolve any such issues.
5.3 Estimated Delivery Times
Any delivery dates provided are estimates only and not guaranteed. Production and delivery times may vary based on seasonality, supply chain, customs, and carrier performance. Late delivery alone does not entitle you to cancel an Order or claim damages, unless such right is mandated by applicable law.
5.4 Inspection on Receipt
You must inspect Products promptly upon delivery. If you believe there is an error, defect, or shortage, you must notify us in writing within 14 calendar days of delivery, providing clear photos and a detailed description. Failure to notify us within this period may limit our ability to assist and may waive your right to claim for such issues, to the extent permitted by law.
6. Payment Terms & Charge Backs
6.1 Payment Methods
We accept payment by the methods indicated at checkout (e.g., credit/debit cards, PayPal, etc.). By providing payment information, you confirm that you are authorized to use the selected payment method.
6.2 Payment Timing
Unless otherwise agreed in writing, payment is due at the time of Order. For bulk or team Orders, we may require deposits and balance payment deadlines, as specified in your quote or Order confirmation.
6.3 Chargebacks
You agree not to initiate chargebacks or payment disputes with your card issuer or payment provider without first contacting us in good faith to attempt to resolve the issue. Unwarranted or fraudulent chargebacks may result in suspension of your account and may be pursued as a debt owed to us.
7. Our Intellectual Property
7.1 Our Intellectual Property
All content on the Site, including text, graphics, logos, designs, photos, videos, and software, is owned by us or our licensors and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from our content without our explicit written permission.
7.2 Your Artwork and Content
When you provide artwork, logos, names, designs, or other content (“Customer Content”) to us, you represent and warrant that:
you own or have obtained all necessary rights, licenses, permissions, and consents to use and authorize us to use the Customer Content; and
our use, reproduction, and incorporation of the Customer Content into Products will not infringe any third-party rights (including copyright, trademark, privacy, or publicity rights).
You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, adapt, print, and display the Customer Content solely for the purpose of fulfilling your Orders and, where you explicitly consent, for marketing and portfolio purposes (e.g., photos of finished uniforms on our website or social media).
7.3 Indemnity for Customer Content
You agree to indemnify and hold us harmless from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to the Customer Content, including any allegation that the Customer Content infringes third-party rights.
8. Promotions & Discounts
From time to time, we may offer promotions, discount codes, or gift cards. Each promotion may be subject to separate terms, which will be communicated at the time of the offer and will form part of these Terms.
Promotions are:
non-transferable;
may not be combined with other offers unless expressly stated; and
may be modified or withdrawn by us at any time, except where prohibited by law
9. Privacy & Data Protection
Our collection, use, and disclosure of personal information are governed by our Privacy Policy, which is incorporated by reference into these Terms. By using the Site or placing an Order, you consent to our handling of your personal information in accordance with our Privacy Policy.
10. Disclaimer Of Warranties
To the maximum extent permitted by applicable law, the Site and all Products are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including but not limited to:
implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title;
warranties arising from course of dealing, usage, or trade.
Without limiting the foregoing, we do not warrant that:
the Site will be uninterrupted, secure, or error-free;
any defects will be corrected; or
the products will meet your expectations beyond the representations expressly provided in these Terms and in the approved proofs.
Some jurisdictions do not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.
11. Limitation Of Liabilities
To the fullest extent permitted by applicable law:
Our total aggregate liability to you for any claims arising out of or relating to the Site, the Products, or these Terms (whether in contract, tort, negligence, strict liability, or otherwise) shall not exceed the total amount paid by you for the specific Order giving rise to the claim.
We are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, lost revenue, loss of goodwill, or loss of opportunity, even if we have been advised of the possibility of such damages.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some limitations above may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law
12. Indemnification
You agree to indemnify, defend, and hold harmless Magasin du Club du Natation du Canada Swim Club Store INC. Xtreme Sports Uniforms® & XS Uniforms and its directors, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
your use of the Site or the Products;
your breach of these Terms or any applicable law; or
any claim that the Customer Content or your use of the Products infringes or violates any third-party rights.
13. Governing Law & Dispute Resolution
13.1 Governing Law
These Terms, the Site, and any Orders or transactions between you and us are governed by and will be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice-of-law or conflict-of-law rules that would result in the application of the laws of any other jurisdiction. If you are a consumer residing outside Canada, mandatory consumer protection laws in your place of residence may also apply, and nothing in these Terms is intended to limit any non-waivable rights you have under such laws.
13.2 Good Faith Resolution First
Before either party initiates any formal legal proceeding in relation to any dispute, controversy, or claim arising out of or relating to these Terms, the Site, the Products, or any Order (a “Dispute”), the parties agree to first attempt to resolve the Dispute in good faith:
a) The party raising the Dispute must send a written notice describing the issue in reasonable detail (including relevant order numbers and supporting information) to the other party at the contact details set out in these Terms.
b) The parties will use reasonable efforts to discuss and resolve the Dispute within thirty (30) days after the receiving party acknowledges receipt of the notice (such acknowledgment not to be unreasonably delayed).
13.3 Optional Mediation
If the Dispute is not resolved within the thirty (30) day period described in Section 13.2, the parties agree to consider in good faith whether to participate in non-binding mediation before a mutually agreed mediator in Ontario, Canada, or by video conference. The costs of mediation (excluding each party’s own legal and travel costs) will be shared equally, unless otherwise agreed. Mediation is voluntary, and either party may decline to participate. If mediation does not occur or does not resolve the Dispute, the parties retain all rights and remedies available at law.
13.4 Court Proceedings and Jurisdiction
Subject to any mandatory laws to the contrary:
a) Any Dispute that cannot be resolved through the process in Sections 13.2 and 13.3 shall be brought exclusively in the courts of the Province of Ontario, sitting in the City of Hamilton, and you and we irrevocably submit to the personal jurisdiction of such courts.
b) You agree not to object to the venue or jurisdiction of such courts on the grounds of inconvenient forum or any similar doctrine.
13.5 Time Limit for Bringing Claims
To the maximum extent permitted by applicable law, any claim or cause of action you may have arising out of or relating to the Site, the Products, an Order, or these Terms must be commenced within one (1) year after the claim or cause of action accrues, failing which such claim or cause of action is permanently barred.
13.6 Consumer Rights Preserved
Nothing in this Section 13 is intended to:
prevent you from bringing a claim before any government or regulatory authority that is expressly authorized by applicable law to hear such claims; or
limit any rights or remedies you have that cannot be excluded or limited by applicable consumer protection legislation.
14. Changes To Site & Terms
We may update, modify, or discontinue the Site or any part of it at any time, without prior notice. We may also revise these Terms from time to time.
The “Last updated” date at the top of these Terms indicates when they were last revised. Your continued use of the Site or placement of Orders after any changes to the Terms constitutes your acceptance of the revised Terms.
If you do not agree to the updated Terms, you must stop using the Site.
15. Miscellaneous
15.1 Entire Agreement
These Terms, together with any Order confirmations, invoices, and policies referenced herein (including our Privacy Policy and any posted Return Policy), constitute the entire agreement between you and us regarding the subject matter and supersede all prior or contemporaneous communications and proposals.
15.2 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
15.3 No Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
15.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without your consent, to the extent permitted by law.
15.5 Notices
Notices to you may be sent via email, posted on the Site, or by other reasonable means. Notices to us must be sent in writing to:
Magasin Du Club De Natation Du Canada
Swim Club Store Inc, dba
Xtreme Sports Uniforms®
5-145 1/2 Church StreetOffice 143
Toronto
Ontario
M5B 1Y4
customersupport@xsuniforms.com
