Terms and Conditions

Effective Date: April 28, 2025

Welcome to Bikini Crush Swimwear ("we," "our," "us"). By accessing or purchasing from our website, you agree to the following Terms & Conditions, our Privacy Policy, and any additional terms disclosed on our site. Please read carefully.
By using our site, you also agree to our [Privacy Policy].

1. Handmade Items & Turnaround Times

Our swimwear is handmade with care. While many items are made to order, some may be available as pre-order items. Estimated production or shipping timelines for pre-order items will be clearly noted on the product page at the time of ordering.

If an order contains both pre-order and in-stock items, the entire order will ship together once the pre-order item is ready. If you would like in-stock items to ship separately, you must place a separate order or contact us at info@shopcrush.com to request an additional shipping invoice.

Delays may occur during peak seasons or due to supply chain disruptions.

2. Return, Exchange & Replacement Policy

ALL SALES ARE FINAL. Due to the custom, handmade nature of our products, cancellations are not guaranteed once your order is placed.

Exchanges

Full-priced items may be exchanged for size/style changes within 30 days of delivery through our Returns Portal.
Suits must be unworn, unwashed, and tried on over undergarments only.
One exchange per order is permitted. Buyer is responsible for both return and reshipment costs.
Any price difference in favor of the customer will be issued as store credit only.
Custom bikinis are eligible for up to two sizing alterations. Additional alterations will incur a fee and require advance payment.

Final Sale Items

All items marked as sale, or discounted 20% or more, are FINAL SALE.
Jewelry and accessories are FINAL SALE and non-returnable.
Jewelry may contain sharp edges or materials that may cause irritation or allergic reactions. Use caution when handling.

Damage & Defect Claims

Must be submitted via email within 3 business days of confirmed delivery.
If approved, items must be returned within 2 business days. Replacements are subject to inventory availability.
Replacements include non-express shipping. Express shipping upgrades are available at the customer’s expense.
Insurance coverage:
- Domestic Priority: $50
- Domestic Express: $100
- International shipments: no insurance coverage provided. Customers may contact us prior to shipment to add insurance for an additional fee.
Claims for items damaged during shipping must be filed by the buyer with the carrier.
We are not liable for injuries or reactions due to use of our products, including but not limited to: cuts, burns, irritation, or allergic responses.

Refused Returns

Items returned worn or used will be denied exchange and returned to the customer.
Customers are responsible for paying the return shipping invoice to reclaim refused items.
If the return shipping invoice is not paid within 7 business days, the item will be disposed of for sanitary and health reasons.
Repeat violations may result in a permanent ban from future purchases.

3. Shipping

ALL orders will be sent with tracking information for you to check online with the corresponding courier's website. Once your order is prepped for shipment, you will receive a tracking number from our automated system. It may take a day or two for pickup as we prep many orders in queue and await our service to come and take them to their new home!
Once the order ships from us, IT IS NOT our responsibility and is the property of the purchaser. Tracking numbers will automatically be emailed once the order is prepped for shipment.
If you have any reason to believe there may be an issue with delivery, please contact us to require signature confirmation for your delivery (for a small fee).
ALL of our packages come with $50 insurance for domestic orders. To purchase additional insurance, please contact us directly. This is the buyer's responsibility. Bikini Crush Swimwear is not responsible for any packages lost or stolen in the mail.
Every customer will receive an order number as well as the tracking number when their order has been shipped out. Once you have received this information, it is no longer the responsibility of Bikini Crush Swimwear.

INTERNATIONAL ORDERS - CUSTOMS INFORMATION

We now ship international orders with taxes prepaid unless the order is a custom order or an order placed manually via invoice.
If your order is a custom or manually invoiced order, you may be subject to VAT, import duties, and/or taxes, which are levied once your package reaches your country for delivery.
If additional charges occur, they must be rendered in order for your package to clear customs. If you do not pay these taxes or your package is UNCLAIMED, you will NOT be given any refunds if the items are not paid for and collected. This is the buyer's responsibility.
For items that come back to us being either unclaimed at customs or due to the wrong address or information given to us, a store credit will then be issued minus any costs that have occurred to us for the order (i.e., shipping and handling costs).

TO CHECK HOW MUCH WILL NEED TO BE COLLECTED AT CUSTOMS FROM YOUR COUNTRY PLEASE CHECK THE LINK BELOW:
https://www.dutycalculator.com/

4. VAT TAX

(Refer to International Orders section above.)

5. Choice of Law

This agreement shall be governed by the law of the State of Florida.

6. Design Rights and Knock-offs

By accepting these terms and conditions and consummating your purchase, you acknowledge that Bikini Crush Swimwear is the sole owner of all rights to the design of the bikini(s) you purchase or have in the past purchased from Bikini Crush Swimwear.
You represent that you have no intention of copying, will not copy, and have not in the past copied, the bikini(s) you purchase, including any cut, shape, silhouette, pattern, color scheme, or jewelry.

7. Damages and Injunctive Relief

You agree that any violation entitles Bikini Crush Swimwear to damages for any revenue derived from copied products.
You also agree to stipulate to an injunction stopping all sales of copied products if sued.

8. Jurisdiction and Venue

You agree that all suits shall be brought in the Federal or State Courts located in Florida State.

9. Consent to Service of Process Without the State

You consent to service of any complaint by certified mail to your shipping address.

10. Costs of Enforcement

You agree to pay all costs and attorney's fees incurred by Bikini Crush Swimwear in enforcing these rights.

11. Severability

If any provision is invalid or unenforceable, the remainder of the Terms shall continue in effect.

12. Captions

Paragraph headings are for convenience only.

13. No Modification or Waiver

No changes are valid unless in writing and signed by both parties.

14. Limitation of Liability

In no event shall Bikini Crush Swimwear’s liability exceed the purchase price of the products ordered.
We are not liable for any indirect, incidental, special, or consequential damages arising out of your use of our products or website.

15. Disclaimer of Warranties

All products and services provided by Bikini Crush Swimwear are offered "as is" without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

16. Force Majeure

We are not responsible for any failure to perform due to unforeseen circumstances or causes beyond our control, including but not limited to acts of God, natural disasters, pandemics, labor disputes, supply chain disruptions, carrier delays, governmental actions, or terrorism.

17. Medical Disclaimer

Bikini Crush Swimwear is not responsible for allergic reactions, skin sensitivities, or other injuries caused by fabrics, dyes, embellishments, metals, or hardware used in our products.
Customers with sensitive skin or known allergies should exercise caution when wearing our products.
Use of our products is at your own risk.

18. Text Messaging Terms & Conditions

You agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS, MMS, and RCS) from Bikini Crush (the “Company”), including text messages that may be sent using an automatic telephone dialing system and/or AI-assisted technology, to the mobile telephone number you provided when signing up or any other number that you designate.

You agree that you consent to receive such messages regardless of any state or federal time of day restrictions and/or the presence of your telephone number on any state or federal Do Not Call list/registry. Consent to receive automated marketing text messages is not a condition of any purchase. Message and data rates may apply.

Message frequency will vary. Bikini Crush reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Bikini Crush also reserves the right to change the short code or phone number from which messages are sent and will notify you when doing so.

Not all mobile devices, handsets, or carriers may be supported and our messages may not be deliverable in all areas. Messages may not be deliverable if you add digits or symbols to our phone number. Bikini Crush, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to our Terms and Privacy. We may share certain information with our service providers, including Attentive Mobile Inc., as described in our Privacy Policy.

Cancellation

To opt out of text messages, text the keyword STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPT OUT to our short code. After texting any of these keywords, you will receive a confirmation message to verify your opt-out.

Please note that our platform may not recognize and respond to unsubscribe requests that do not include one of the above keywords. By subscribing, you agree that Bikini Crush and its service providers have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive messages from Bikini Crush through any other programs you joined until you unsubscribe separately from those programs.

Help

For help, text the keyword HELP to our shortcode to receive customer service contact information for messaging support.

Customer Care

If you require messaging support, please visit https://support.attentive.com/help/ or email support@attentive.com.

Contact

This messaging program is a service of Bikini Crush, located at:

5410 NW 33rd Avenue, Suite 106,
Fort Lauderdale, FL 33309

Dispute Resolution

General. In the interest of resolving disputes between you and Bikini Crush Swimwear in the most expedient and cost-effective manner, you and Bikini Crush Swimwear agree that any dispute arising out of or in any way related to these messaging terms and conditions (“Messaging Terms”) or your receipt of text messages from Bikini Crush Swimwear or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Bikini Crush Swimwear or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Messaging Terms. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND Bikini Crush Swimwear ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Bikini Crush Swimwear to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
Arbitrator. Any arbitration between you and Bikini Crush Swimwear will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Bikini Crush Swimwear. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Notice; Process. If you or Bikini Crush Swimwear intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). Bikini Crush Swimwear’s address for Notice is:

Bikini Crush Swimwear
5410 NW 33rd Avenue, Suite 106
Fort Lauderdale, FL 33309
Attn: Chief Executive Officer

The Notice must: (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought (“Demand”). You and Bikini Crush Swimwear will make good faith efforts to resolve the claim directly, but if you and Bikini Crush Swimwear do not reach an agreement to do so within 30 days after the Notice is received, you or Bikini Crush Swimwear may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Bikini Crush Swimwear must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.

Fees. If you commence arbitration in accordance with these Messaging Terms, Bikini Crush Swimwear will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Bikini Crush Swimwear for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Bikini Crush Swimwear agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Bikini Crush Swimwear made within 14 days of the arbitrator’s ruling on the merits.
No Class Actions. YOU AND Bikini Crush Swimwear AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Bikini Crush Swimwear agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Bikini Crush Swimwear makes any future change to this arbitration provision, other than a change to Bikini Crush Swimwear’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Bikini Crush Swimwear’s address for Notice, in which case your account with Bikini Crush Swimwear will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations set forth in this arbitration provision with respect to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.