By accessing or using the SecondSwim platform, users agree to the following Terms and Conditions, which govern all interactions, transactions, and activities conducted through the marketplace. SecondSwim operates as a venue through which individuals may list, discover, buy, and sell new or pre‑owned swimwear, swim gear, and related aquatic items. The platform itself does not own, inspect, manufacture, or guarantee any item offered for sale, nor does it participate as a contracting party in any transaction between buyers and sellers. All users acknowledge that they act independently and bear full responsibility for their conduct, listings, purchases, and communications.

To participate on the platform, users must be at least eighteen years of age and possess the legal capacity to enter binding agreements. Each user is responsible for maintaining the confidentiality of their account credentials and for all activity conducted under their account. SecondSwim reserves the right to suspend or terminate accounts that violate these Terms or engage in conduct harmful to the platform or its community.

Sellers who list items on SecondSwim are solely responsible for providing accurate, truthful descriptions of the items they offer. SecondSwim does not verify the accuracy of these descriptions and does not guarantee the condition, authenticity, sizing, performance, or safety of any item. Sellers are also responsible for packaging items securely and shipping them in a timely manner. Once an item is shipped, SecondSwim does not assume responsibility for delays, losses, or damages caused by carriers or third‑party logistics providers.

Sellers further acknowledge and agree that SecondSwim applies a mandatory commission to all completed sales processed through the platform. For every transaction, the seller receives eighty‑two percent (82%) of the final sale price, and SecondSwim retains eighteen percent (18%) as a service fee. This commission is automatically deducted at the time of payout, is non‑negotiable, and applies uniformly to all listings regardless of item type, condition, or sale amount. By listing items on the platform, sellers expressly consent to this earnings structure and authorize SecondSwim to withhold its commission prior to releasing seller funds.

Buyers who choose to purchase items through SecondSwim expressly acknowledge and agree that all items are sold strictly “as‑is,” without warranties of any kind, whether express or implied. This includes, but is not limited to, warranties of condition, durability, merchantability, fitness for a particular purpose, or conformity to description. Buyers further agree that they assume full responsibility and liability for the condition, safety, and usability of any item upon purchase, shipment, arrival, and subsequent use. This assumption of risk includes all forms of damage, whether occurring during transit, present upon arrival, discovered after unboxing, or resulting from use, inspection, or handling. SecondSwim does not offer returns, refunds, exchanges, or replacements under any circumstances, including situations in which an item arrives damaged, defective, or not as expected. This allocation of risk is a material condition of using the platform and is accepted by all buyers at the time of purchase.

Payments made through SecondSwim are processed by independent third‑party payment providers. By completing a purchase, users authorize these providers to charge their selected payment methods. SecondSwim is not responsible for payment processing errors, bank fees, or delays caused by external processors. Similarly, SecondSwim is not responsible for lost, stolen, delayed, or mishandled shipments, nor for any errors committed by shipping carriers.

Users are prohibited from engaging in fraudulent, abusive, or unlawful conduct on the platform. This includes listing counterfeit or stolen items, misrepresenting item condition, harassing other users, circumventing platform systems, or using the platform for any illegal purpose. SecondSwim may suspend or terminate accounts that engage in such conduct and may take additional action as permitted by law.

All intellectual property associated with the SecondSwim platform—including branding, logos, text, design elements, and proprietary features—is owned by or licensed to SecondSwim and may not be copied, reproduced, or distributed without written authorization. Users agree not to infringe upon these rights.

To the fullest extent permitted by law, SecondSwim disclaims all liability for damages arising from the use or inability to use the platform, including issues related to item condition, authenticity, safety, or performance, as well as disputes between users. SecondSwim shall not be liable for indirect, incidental, consequential, or punitive damages. Users agree that their sole remedy for dissatisfaction with the platform is to discontinue use. Furthermore, users agree to indemnify and hold harmless SecondSwim, its owners, employees, and affiliates from any claims, losses, liabilities, or expenses arising from their use of the platform, their interactions with other users, their purchase or sale of items, or their violation of these Terms.

SecondSwim may update or modify these Terms at any time. Continued use of the platform constitutes acceptance of any revised Terms. These Terms are governed by the laws of the State of Michigan, without regard to conflict‑of‑law principles. Users with questions regarding these Terms may contact SecondSwim at secondswimusa@gmail.com.