RETAIL PRICING SAFE HARBOR POLICY
Last Updated: January 1, 2026
This Retail Pricing Safe Harbor Policy (the “Policy”) describes the pricing practices used by Swimandsweat.com (“Swimandsweat,” “we,” “us,” or “our”) when displaying product prices, reference prices, discounts, and promotional pricing on the Swimandsweat website (the “Site”) and on third-party marketplaces.
By accessing the Site or purchasing products from Swimandsweat, you acknowledge and agree to the pricing disclosures and practices described in this Policy.
This purpose of this Policy is to provide transparency regarding Swimandsweat's prices and promotional pricing while allowing Swimandsweat the flexibility necessary to operate a dynamic ecommerce retail business.
1. Reference Price Definitions. Certain products offered on the Site may display a reference price in addition to a current advertised price. Reference prices may include, one or more of the following: Manufacturer’s Suggested Retail Price (“MSRP"); Original Offered Price (“OOP”); Regular Offered Price (“ROP”); Former Price ("FP"); and Comparable Value Price (“CVP”). Reference prices are intended to provide customers with pricing comparison information. Reference prices may be determined based on one or more of the following: a price suggested by the manufacturer or supplier; the price at which Swimandsweat initially offered the product for sale; the price at which the product was previously offered for sale by Swimandsweat; the price at which comparable merchandise is sold in the marketplace; or an estimated retail value for similar merchandise. Reference prices displayed on the Site do not necessarily represent actual prior sales prices. Accordingly, (a) product may not have been sold at the MSRP, OOP, ROP, or CVP; (b) savings percentages or discount amounts displayed relative to a reference price may not be based on actual prior transactions at that price; and (c) reference prices may reflect offering prices rather than prevailing selling prices. Customers should understand that reference prices are comparative indicators only and should not be interpreted as representations of historical sales activity. Reference prices should not be interpreted as representations that products were sold at those prices.
2. Former Price Disclosure. A Former Price ("FP") represents a price at which a product may have been previously offered for sale by Swimandsweat. However, the product may not have been sold at the former price, and the former price may not have been in effect for any specific duration. In some cases, a product may have been offered at the former price for a limited time only. Former prices are used solely to provide context for pricing comparisons.
3. No Representation of Historical Sales. Reference prices, former prices, and comparison prices do not necessarily represent actual sales prices. Accordingly, a product may not have been sold at the reference price, savings claims may not be based on actual sales at the reference price, reference prices may reflect offering prices rather than prevailing market prices. Customers should not assume that the reference price represents the price at which the product was commonly sold.
4. Historical Price Variability. Product prices may change frequently due to seasonal demand, promotional campaigns, inventory levels, competitive market conditions, advertising strategies, dynamic pricing systems, As a result, a reference price may not have been the advertised price during the previous ninety (90) days or any other specific time period. Products may have been offered at higher, lower, or intermediate prices during prior promotional periods.
5. Strikethrough Pricing. When a strikethrough price appears next to a product price, the strikethrough price represents the applicable reference price, the displayed price represents the Current Advertised Price (“CAP”). The CAP is the price at which the product is currently offered for sale on the Site. Displayed savings or percentage discounts are calculated relative to the applicable reference price.
6. Promotional Pricing. Swimandsweat may offer promotional pricing from time to time. Promotions may include limited-time sales, seasonal promotions, clearance events, coupon or discount code offers, marketplace promotions, and flash sales. Unless otherwise expressly stated, promotions apply only to selected items, promotions may be limited in duration, promotions may be modified or terminated at any time, Promotional prices may not represent the lowest price at which a product has been offered and may reflect temporary promotional conditions.
7. Permanent Price Reductions. In some cases, products offered during promotional events may later become permanently price reduced. This may occur due to product lifecycle decisions, inventory management, seasonal changes, and competitive pricing strategies. When this occurs, the product may continue to be offered at a reduced price following the promotional event.
8. Comparable Value Pricing. In certain circumstances Swimandsweat may display a Comparable Value Price (“CVP”). A CVP represents Swimandsweat’s good-faith estimate of the retail value of comparable merchandise available in the marketplace. Comparable value prices may be based on prices of similar products offered by other retailers, supplier-provided retail value estimates, market pricing research, and internal merchandising assessments. Comparable value prices are estimates only and may not reflect the price at which identical products are sold elsewhere.
9. Marketplace Pricing Variations. Products sold by Swimandsweat may be offered through multiple sales channels, including Swimandsweat.com, other online marketplaces, and third-party retailers. Prices may vary across channels due to marketplace fees, promotional programs, platform advertising costs, shipping and fulfillment expenses, and channel-specific pricing strategies. Swimandsweat does not guarantee price consistency across sales channels.
10. Dynamic Pricing. Swimandsweat may implement dynamic pricing practices. Dynamic pricing allows product prices to adjust automatically based on factors including inventory levels, demand fluctuations, advertising performance, promotional campaigns, and competitor pricing. Prices may change without prior notice. The price charged for a product will be the price in effect at the time the order is placed, as shown on the order confirmation or purchase receipt.
11. Pricing Errors. While Swimandsweat strives to ensure pricing accuracy, errors may occur. If Swimandsweat discovers an error in the price of a product that you have ordered Swimandsweat will notify you of the pricing error. You will have the option to reconfirm your order at the correct price, or cancel your order. If Swimandsweat is unable to contact you within twenty-four (24) hours, the order may be cancelled. If payment has already been processed, Swimandsweat will issue a full refund. Swimandsweat shall not be obligated to sell any product at an incorrect price.
12. Taxes, Shipping, and Currency. Unless otherwise stated, prices do not include shipping or handling charges and prices do not include applicable taxes. Shipping costs, taxes, and other charges will be calculated during checkout. All prices on the Site are listed in U.S. Dollars (USD) unless otherwise stated.
13. Product Availability. Swimandsweat does not guarantee the availability of any product displayed on the Site. Swimandsweat reserves the right to limit quantities, modify product pricing, discontinue products, and modify product descriptions. These changes may occur without notice.
14. Policy Updates. Swimandsweat reserves the right to modify or update this Policy at any time. Changes will become effective upon posting to the Site. Continued use of the Site after updates are posted constitutes acceptance of the revised Policy.