SwimbyMoon INC
Effective Date: 07/02/2025

These Terms and Conditions outline the rules and regulations for the use of SwimbyMoon INC’s website, located at www.serenaxmoon.com.

By accessing this website, placing an order, or interacting with our services, you accept these Terms and Conditions in full. Do not continue to use this website if you do not agree to all of the terms stated.

1. Definitions

In these Terms and Conditions:

“Client”, “You”, and “Your” refers to you, the person accessing this website and accepting SwimbyMoon INC’s policies.

“The Company”, “Ourselves”, “We”, “Us”, and “Our” refers to SwimbyMoon INC, (doing business as Serena x Moon), a Florida-based company located at 1300 Brickell Bay Dr #1005, Miami, FL 33131-3384.

By accessing or using this site, you agree to be bound by the terms outlined below, whether interacting with Swimbymoon INC or its branded entity SerenaxMoon

“Parties” refers collectively to both the Client and SwimbyMoon INC, , operating under the brand name SerenaxMoon

These terms refer to our agreement to offer goods/services in exchange for payment in accordance with U.S. law. Any use of the above terminology in singular/plural/capitalization/gender is considered interchangeable.

2. Sales Contract

Orders placed via www.serenaxmoon.com represent an offer to purchase goods. The contract of sale is not complete until you receive an email confirmation that the order has been dispatched.

By placing an order, you confirm that you are at least 18 years old. If you are under 18, you confirm that you have obtained the consent of a parent or legal guardian and the cardholder if using their payment method.

No third party shall have rights under this contract. Only you and SwimbyMoon INC may modify or cancel the agreement.

3. Order Placement

Our website will guide you through the process of placing an order. You are responsible for reviewing and correcting any errors before submitting the final order.

Once an order is placed, you will receive an email acknowledging receipt. This does not constitute order acceptance. Acceptance occurs when we send you a shipping confirmation email (“Dispatch Confirmation”). At that point, a binding contract is formed.

We reserve the right to refuse or cancel an order for any reason, including payment verification or delivery address concerns.

4. Payment

We accept the following forms of payment:

• Major credit/debit cards (Visa, Mastercard, American Express)
• PayPal
• Klarna (Pay in 4 interest-free installments or Pay Later, where available)

All payments are securely processed through third-party payment gateways using PCI-DSS encryption. SwimbyMoon INC does not store your credit card information and does not share customer payment details with any third parties. Charges will appear on your statement as Swimbymoon INC or SerenaxMoon, depending on your payment method and processor.

4A. Klarna Payments

At checkout, you may have the option to pay via Klarna, a third-party financing platform that allows you to split payments into installments. When selecting Klarna as your payment method:

• Klarna may collect personal data such as your contact and order details in order to assess your eligibility.
• Your data will be handled in accordance with Klarna’s Privacy Policy
• Klarna financing is subject to credit approval and is only available to U.S. residents over 18.

Important: Please borrow responsibly. Missing payments may affect your ability to use Klarna and could impact your credit. Make sure you can afford your monthly payments before choosing this option.

All payments are securely processed through third-party payment gateways using PCI-DSS encryption. We do not store your payment details or share them with third parties.

If you choose to use third-party financing options such as Klarna (if available), your personal data (including contact and order details) may be shared with Klarna to determine eligibility. Klarna’s privacy policy governs that data use.

Please borrow responsibly. Financing may affect your credit rating if not paid on time.

5. Pricing & Sales Tax

All prices displayed on our website include applicable U.S. sales tax where required by law. Shipping fees are calculated at checkout based on your location and delivery method.

In the event of a pricing error that is obvious and could have reasonably been recognized by the customer as such, we reserve the right to cancel the order, refund you in full, and recover any goods shipped in error.

6. Shipping & Delivery

Shipping is available to residential addresses within the U.S. and other regions listed on our shipping page. We do not ship to P.O. boxes, freight forwarding addresses, or hotels.

We are not responsible for:

• Delays caused by carriers
• Lost or stolen packages
• Delivery failures due to incorrect address input

If a package is confirmed lost due to carrier error, we may offer a replacement once the issue has been verified and a reasonable waiting period has passed.

You will receive a shipping confirmation with tracking once your order has been dispatched. Please contact customer service promptly for any issues.

All packaging, branding, and communication will reference SerenaxMoon, a brand operated by SwimbyMoon INC..

7. Limitation of Liability

You agree to indemnify and hold harmless SwimbyMoon INC, its officers, employees, and affiliates from any and all claims, liabilities, damages, and expenses arising from your use of our website or products, including legal fees.

To the extent permitted by law, we shall not be liable for:

• Loss of profit, income, or revenue
• Loss of business opportunity or goodwill
• Indirect, incidental, or consequential damages
• Any loss resulting from your failure to follow instructions or reasonable care standards

However, nothing in this section excludes liability for:

• Fraud or fraudulent misrepresentation
• Personal injury caused by our negligence
• Breach of obligations under applicable consumer laws

We are not responsible for damages resulting from the misuse of our products or losses that were unforeseeable, avoidable, or caused by factors outside our control.

8. Force Majeure

We shall not be held liable for any delay or failure in performance resulting from events beyond our reasonable control, including but not limited to:

• Natural disasters (floods, hurricanes, earthquakes)
• Pandemic, epidemic, or public health emergencies
• War, terrorism, riots, or civil unrest
• Labor strikes or transportation delays
• Government actions or legal restrictions

Our obligations are suspended during the Force Majeure event, and we will resume performance as soon as reasonably possible.

9. Returns & Refunds

Please refer to our Returns Policy for details on how to return products.

Generally:

• Returns must be initiated within 14 days of delivery (U.S.) or 30 days (international).
• Items must be unworn, unwashed, and in original packaging with tags.
• Certain items (e.g., swimwear with hygiene liners removed) may not be eligible.

We reserve the right to deny unreasonable or excessive returns.

10. Fraudulent or Excessive Claims

If we suspect fraudulent or abusive behavior—including false claims of non-delivery, tampered items, or repeated returns—we may block or restrict your account and withhold refunds. If your account is blocked but you need to make a legitimate return, contact our customer service team. You will be responsible for return shipping and proof of postage.

11. Governing Law & Jurisdiction

These Terms and Conditions are governed by the laws of the State of Florida and applicable federal laws of the United States.

Any disputes shall be subject to the exclusive jurisdiction of the courts of Miami-Dade County, Florida, unless required otherwise by consumer protection law.

12. Updates & Modifications

We reserve the right to amend these Terms and Conditions at any time. Updated terms will be posted on this page with a new “Effective Date.” Your continued use of the website constitutes your acceptance of any updated terms.

13. Contact Information

If you have questions about these Terms and Conditions, please contact us:

📧 Email: info@serenaxmoon.com
📍 Mailing Address:
SwimbyMoon INC (DBA Serena x Moon)
1300 Brickell Bay Dr #1005
Miami, FL 33131-3384
USA

This Return Policy applies to all purchases made through SerenaxMoon a brand owned and operated by SwimbyMoon INC, and is incorporated by reference into our Terms and Conditions.

RETURN TIMEFRAME

We accept returns for store credit only. Returns must meet the following deadlines:

• U.S. Customers: Items must be returned within 7 days of delivery.
• International Customers: Items must be returned within 14 days of delivery.

Return windows begin on the date your package is marked as delivered by the carrier. Returns initiated outside these windows will not be accepted.

ORIGINAL CONDITION

To be eligible for store credit, all returned items must be:

• In original condition — unworn, unwashed, and undamaged
• Free from stains, makeup, pet hair, deodorant, perfume, or signs of wear
• Returned with all original tags attached, including the security plastic tag that confirms the item has not been worn
• Swimwear must have its hygiene liner fully intact and untampered
• Repackaged securely to prevent damage in transit

Returns that do not meet these criteria will be rejected or subject to a cleaning fee. All items are thoroughly inspected upon return.

Items sold as sets (e.g., two-piece or bundled items) must be returned as a complete set.

NON-RETURNABLE ITEMS

For hygiene and safety reasons, we do not accept returns on:

• Swimwear with removed hygiene liners
• Intimates or underwear
• Face masks
• Hair accessories
• Water bottles or personal-use fitness gear
• Final sale items

These items are not eligible for return, store credit, or exchange.

RETURN OUTCOMES

Approved returns are eligible for store credit only. We do not offer refunds or exchanges.

• Store credit will be issued via a digital gift card sent to your email.
• All returns are subject to a 10% restocking fee, which will be deducted from your store credit total.
• The restocking fee applies per item returned, not per order.

Example: If you return an item purchased for $100, your issued store credit will be $90.

If you're looking to exchange an item, store credit can be used toward a new purchase of your desired item. See our Exchanges section for more details.

EXCHANGES

We currently offer exchanges through our store credit system.

• If you'd like a different size or color of the same item, or a completely new item, simply return your item following our return instructions.
• Once your return is processed, you will receive store credit (minus a 10% restocking fee) via digital gift card.
• You can use that store credit to place a new order for your desired item(s), subject to availability.

We do not hold items for exchange and cannot guarantee availability by the time your return is processed. We recommend placing a new order as soon as your store credit is issued to ensure you get the item you want.

At this time, we do not offer instant exchanges or process exchanges automatically. All exchanges are initiated by you after receiving your store credit.

PROCESSING TIME

Returns are typically processed within 10 business days of being received by our warehouse. Once approved, we’ll notify you via email and issue your store credit.

• Store credit does not expire.
• If your original payment included a gift card, the credit will be returned to that same code first.

RETURN FEES

• Customers are responsible for return shipping.
• We do not offer free returns or prepaid shipping labels.
• Use a trackable shipping method and retain proof of postage.
• SwimbyMoon INC is not responsible for returns lost or damaged in transit.

UNREASONABLE CLAIMS & FAIR USE POLICY

To protect our business and community, we monitor return activity. We may restrict or deny returns or store credit in the event of:

• Excessive or suspicious return behavior
• Worn-and-return abuse
• Misuse of return windows
• False claims or return of incorrect merchandise

In cases of fraudulent activity, we reserve the right to block your account and take legal action if needed.

CUSTOMER RESPONSIBILITY

Until your return is received and inspected, the item remains your responsibility. Ensure it is:

• Packaged securely
• Labeled properly
• Accompanied by tracking and proof of postage

We are not responsible for:

• Mistaken returns
• Items damaged in transit
• Returns outside the allowed timeframe

1) DEFINITION AND INTERPRETATION

1.1 In this Agreement, the following definitions apply:

- "Business Day" means any day other than Saturday, Sunday, or a public holiday in the State of Florida, USA.
- "Company" refers to SwimbyMoon INC, a Florida corporation located at 1300 Brickell Bay Dr Apt 1005, Miami, FL 33131-3384, operating under the brand Serena x Moon.
- "Company Products" means garments, swimwear, and lifestyle items designed, manufactured, or marketed under the Serena x Moon brand.
- "Competing Products" refers to any fashion or lifestyle products that are not Company Products.
- "Competitor" refers to any brand or company offering similar or substitutable products, as identified in the Project Assignment.
- "Fees" refers to the amounts specified in the Project Assignment for services rendered by the Influencer.
- "Influencer Channels" means the social media platforms or online profiles owned or operated by the Influencer, where content will be posted.
- "Influencer Materials" includes all content created by or for the Influencer as part of the services, including but not limited to photos, videos, blog posts, captions, or sound recordings referencing Serena x Moon.
- "Influencer Image Rights" includes the name, image, voice, likeness, biographical information, and personal branding of the Influencer.
- "Serena x Moon" refers to the brand operated by SwimbyMoon INC.
- "Products" means all current and future fashion, swimwear, and lifestyle goods sold by Serena x Moon.
- "Project Assignment" is a written document agreed upon by both parties outlining deliverables, fees, and timeline.
- "Services" means the promotional and marketing work to be performed by the Influencer as defined in a Project Assignment.
- "Term" means the duration of the engagement as specified in the Project Assignment.

1.2 Interpretation rules:

• References to clauses, sections, or parties include their successors and assigns.
• Singular includes plural and vice versa.
• The terms “include,” “including,” and similar words are illustrative, not limiting.
• “Written” or “in writing” includes email and other legible digital formats.

2) ENGAGEMENT

2.1 The Company engages the Influencer to promote its Products as outlined in the Project Assignment. The Influencer agrees to create and distribute content ("Influencer Materials") that align with Serena x Moon’s brand values and standards.

2.2 All Influencer Materials must clearly disclose that they are paid partnerships or sponsored content, in line with FTC and social media advertising guidelines, including:

• Marking posts as “Paid Partnership,” “#ad,” or “Sponsored,” depending on platform requirements.
• Using any platform-specific disclosure tools as applicable.
• Including Company-requested disclosures as stated in the Project Assignment.

3) APPROVAL OF INFLUENCER MATERIALS

3.1 The Influencer must submit all content for approval before posting. The Company reserves final editorial control over brand representation.
3.2 The Influencer must remove any published content upon written request if it misrepresents the brand or violates legal or ethical guidelines.
3.3 Content may not be posted, scheduled, or distributed without prior written approval from the Company.

4) INTELLECTUAL PROPERTY

4.1 The Company retains ownership of all intellectual property in the Serena x Moon brand, including logos, photography, product designs, and campaign content.
4.2 The Influencer is granted a limited, non-transferable license to use brand materials solely for the performance of their services.
4.3 The Influencer grants the Company an exclusive, perpetual, royalty-free license to use all Influencer Materials globally, for any promotional or marketing purposes, with credit where appropriate.
4.4 The Influencer waives all moral rights to the content produced under this agreement and consents to the Company modifying or repurposing such content as needed.

5) FEES AND EXPENSES

5.1 The Company will pay the Influencer the fees listed in the Project Assignment, subject to satisfactory performance of the Services.
5.2 Fees include all content rights, licensing, travel, accommodation, usage, residuals, and production costs.
5.3 Payment will be made within 10 Business Days of receipt of a valid invoice, unless otherwise agreed in writing.
5.4 All fees are inclusive of applicable U.S. sales tax but exclusive of any personal income taxes or reporting obligations. The Influencer is solely responsible for any taxes due.

6) WARRANTIES AND INDEMNITY

The Influencer represents and warrants that:

6.1.1 All content is original and does not infringe third-party rights.
6.1.2 The Influencer has full authority to enter into this agreement.
6.1.3 The content complies with U.S. advertising laws, platform terms, and relevant data protection regulations.
6.1.4 No third-party data is included without proper consent.
6.1.5 The Services will be carried out professionally, punctually, and in good faith.
6.1.6 The Influencer is not in breach of any third-party contract by signing this agreement.
6.1.7 The Influencer will not act in a way that damages the reputation or image of Serena x Moon.
6.1.8 The Influencer agrees not to work with direct competitors during the Term without prior written approval.
6.1.9 The Influencer is responsible for their own tax filings and obligations.
6.1.10 The Influencer agrees not to disclose confidential information about the Company.

Indemnification: The Influencer agrees to indemnify and hold harmless SwimbyMoon INC and Serena x Moon against any and all claims, losses, damages, or legal fees resulting from a breach of this agreement or any misrepresentation.

7) LIMITATION OF LIABILITY

7.1 Nothing in this agreement limits either party's liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded under applicable U.S. law

7.2 Unauthorized use of Serena x Moon intellectual property, trademarks, or content is prohibited and may result in legal action. Infringers may be liable for damages and attorney’s fees.

7.3 Subject to the above:

• The Influencer’s total liability is capped at the total amount of fees received.
• The Company’s total liability to the Influencer is capped at $5,000 USD, unless otherwise stated in writing.

Gift cards can be used multiple times as long as there is a remaining balance. You may also apply more than one gift card to a single order. However, gift cards cannot be used to purchase additional gift cards.

Gift cards apply to your final total — including shipping.
If your purchase was made using both a gift card and a debit/credit card, any applicable refund will be credited to the gift card first.

To redeem, simply enter your original gift card code at checkout on your next order.

All prices displayed include any applicable sales tax (such as VAT or GST) where required by local laws in supported regions.

Prices are shown in USD by default. If you’re shopping from outside the United States, your payment provider or bank may apply currency conversion rates and fees based on your location. The final charge to your account will reflect your local currency and any applicable conversion costs.

We strive for accuracy in every detail — especially pricing. However, in rare cases, an item may be listed incorrectly. If a pricing error is obvious and would reasonably be recognized as such, we reserve the right to cancel the order, issue a full refund, and request return of any items delivered.

We appreciate your understanding and your trust in our process.