Terms and Conditions of Use and Sale

Last updated: March 2024

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  1. User Agreement
    1. By using the 2XU website (and mobile site) and our social media pages ("Website") you accept these terms and conditions ("Agreement") and our Privacy Policy. This Agreement is between you and www.2xu.com Pty Ltd (referred to in this Agreement as "we", "us" or "our"). We may change these terms at any time, and changes will be posted on the Website. By continuing to use the Website, you agree to be bound by the changes.
  2. Defective Goods
    1. Goods purchased from 2XU.com or a 2XU Retail Performance Center come with guarantees that cannot be excluded under the Australian Consumer Law and nothing in this Agreement limits your rights under the consumer guarantees that apply under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
  3. Registration and User Requirements
    1. To complete an order you must provide us with personal information including your name, address, and a valid email address. You must ensure this information is accurate and current.
    2. By submitting your email address, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service, such as receiving reminders that items are in your shopping cart if you leave the page during a transaction.
  4. Access and use of the Website
    1. You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
    2. You must not (or attempt to):
      1. interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
      2. use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
      3. interfere (or attempt to interfere) with security-related or other features of our site; or
      4. use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
    3. We may refer fraudulent or abusive or illegal activity to the relevant authorities. You are solely responsible for the activity that occurs on your account (including orders placed using your account), and you must keep your account password secure. We are not responsible for any unauthorised activity on your account if you fail to keep your account login information secure.
    4. You must not use another member's account without our, and/or the other user’s, express permission. If you suspect or become aware of any unauthorised use of your account or that your password is no longer secure, you must notify us immediately and take immediate steps to re-secure your account (including by changing your password).
    5. We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.
  5. Information on this Website
    1. You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.
    2. Due to photographic and screen limitations associated with the representation of goods, some actual goods may differ to a small extent in visual appearance (for example in color) from the way they appear on the Website.
  6. Disclaimer and Liability
    1. To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
      1. errors, mistakes or inaccuracies on the Website or our social media pages;
      2. you acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
      3. personal injury or property damage of any nature resulting from your access to or use of the Website;
      4. any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
      5. any interruption or cessation of transmission to or from the Website;
      6. any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
      7. the quality of any product or service of any linked sites.
      8. Where any law (including Federal and State Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to the maximum extent permitted by law.
      9. Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
  7. Indemnity
    1. You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
  8. Placing Orders
    1. You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
    2. The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
    3. Orders placed by you are offers to purchase goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
    4. Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
    5. We may reject your order for any reason, including, but not limited to, in circumstances where we believe there may be payment fraud, where we believe the order is being purchased for resale or other non-personal use, where we become unable to ship your order, or if there has been an error in the price or product description on the Website.
    6. You must review your order carefully before placing it. Once an order is confirmed, you are unable to cancel or change it. If you have any problems with your order, then you must go through the normal returns process outlined in this Agreement and on the Website.
    7. In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
  9. Price, Payment and Use of Promotional Discount/Coupon Codes
    1. The prices of goods, delivery and other charges shown are in local currency.
    2. All payments must be received in full before dispatch of goods or a voucher being issued. If your payment is not received or is declined by us, your bank or credit card issuer, we cannot and will not hold items against your order.
    3. We are currently unable to accept payment via foreign credit cards. Only New Zealand issued credit card payments can be accepted at this time.
    4. There is a limit of one promotional discount or coupon code per transaction.
    5. Coupon "stacking" and the use of multiple coupon codes is not permitted.
    6. We reserve the right to extend, change or cancel a promotional discount or coupon code at any time.
    7. Mother's Day promotion is not to be used in conjunction with any other offer. 2XU reserve the right to withdraw the promotion at any other time. Express shipping is not offered in the US and is valid only for Australian addresses.
  10. Supply and Delivery of Goods
    1. Subject to this Agreement, we will supply the goods shown on your order confirmation. We will use our best endeavours to meet stated timeframes for delivery, however we cannot guarantee delivery time frames will be met.
  11. Goods Out of Stock
    1. We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You may receive a full refund in the event we cannot fulfill your order.
  12. Change of Mind Returns
    1. 2XU has a strict Customer Return Policy and Procedure to ensure that each item is dealt with quickly and professionally. Please note 2XU Australia/New Zealand is no longer accepting online exchanges. Instead, we ask you to purchase your preferred item through the website and submit your request for a full refund for the item that you wish to return. We will allow a change of mind return for refund, provided that the item in question is
      1. A full priced and/or outlet item;
      2. returned within 30 days of order from 2XU.com;
      3. in original purchased condition with tags attached;
      4. not underwear or socks; and
      5. not damaged in any way.
    2. Garments purchased from a wholesale account (Rebel Sports, AMART, Baby Bunting etc) are not eligible for change of mind return to 2XU. These must be returned to the place of purchase. Garments purchased from unauthorized sellers, including unauthorized Internet sites, are not eligible for change of mind return to 2XU.
    3. Garments purchased from a 2XU Retail Performance Centre must be returned to the place of purchase for a Return request
    4. Gifts cannot be returned for change of mind by the giftee. The gifter must contact 2XU with their relevant Order information (Name & Customer Order #)
    5. Garments purchased from 2xu.com/au must be returned to 2XU Online. A return or exchange request must be submitted via http://www.2xu.com/au/returns-and-exchanges.html
    6. Refunds will be permitted to the original account used at the time of purchase (the original Credit Card or PayPal Account used).
    7. For orders placed during promotions that included a gift with purchase, the gift with purchase must be returned back along with the rest of the order if you no longer qualify for the gift. Refunds will not be processed until 2XU receives all required items back.
  13. Process for Returns and Refunds
    1. When seeking a return on a product, please contact us via the Help Centre or email nz@2xu.com. Once contacted we will assess whether your product may be returned and, where required, provide you with a Return Authorisation and instructions on how to return your goods, with which you must comply.
    2. Once an item is returned we will inspect your goods and investigate any claims and where we believe it is applicable, provide you with a refund or exchange.
    3. Refunds will be issued using the payment method used for purchase.
    4. We aim to process refunds and replacements within 5 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.
  14. Social Media and Content
    1. 1. You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ("content") posted on, transmitted through or linked from the Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.
    2. 2. You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.
    3. As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post (or allow) content to be posted through your account that:
      1. you do not have the right to post;
      2. is defamatory or in contempt of any legal or other proceedings;
      3. is misleading or deceptive;
      4. is offensive or discriminates against any group of persons being a group defined by reference to color, race, sex, origin, nationality or ethnic or national origins;
      5. denounces religious or political beliefs;
      6. contains religious or political material;
      7. is indecent, obscene, vulgar, pornographic or offensive;
      8. infringes any copyright, trade mark, patent or other intellectual property right of another person;
      9. contains any unsolicited or unauthorised advertising or promotional material;
      10. contains or links to viruses, malware, spyware or similar software; or
      11. impersonates any person or misrepresents your relationship with any person.
    4. We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
    5. You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.
  15. Intellectual Property
    1. All content, graphics, user and visual interfaces, photographs, trade marks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to 2XU, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
    2. Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
    3. You may not:
      1. modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
      2. decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
    4. If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.
  16. General
    1. We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
    2. This Agreement will be governed by and interpreted in accordance with all applicable laws.
    3. If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
    4. If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

 

  1. Privacy and Personal information
    1. If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information. Please review and understand our Privacy Policy.

 

  1. Promotion Terms and Conditions  

Refer a Friend Competition:

Terms and Conditions – 2XU TRY FOR FREE – LIGHT SPEED REACT Competition

 

The name of the Contest is “2XU Try For Free – Light Speed React Competition”.

Information on how to enter and prizes form part of these conditions of entry. Entry into this Contest is deemed to be acceptance of these conditions.

2XU Pty Ltd (ACN 112 308 602) of Level 6, 534 Church Street, Richmond Victoria 3121 is the Promoter (“Promoter”).

 

ELIGIBILITY

The Contest is open to legal residents of New Zealand, who have reached 18 years of age as of the beginning of the Contest Period, and who are not:

1. an employee of; or

2. domiciled with an employee of; or

3. an immediate family member of an employee of,

the Promoter or its affiliated companies or their advertising and promotional agencies.

Promoter has the right to verify the eligibility of each entrant.

No purchase is necessary. The Contest is subject in all instances to compliance with applicable laws.

 

CONTEST PERIOD

The Contest Period runs from Tuesday, 5 March 2024 at 12:00am NZDT to Tuesday, 19 March 2024 at 12.00pm NZDT. All entries must be received before the end of the Contest Period. Promoter reserves the right to extend or shorten the Contest Period at its sole discretion with the approval of relevant regulatory authorities.

HOW TO ENTER

The Contest is running across the website: nz.2xu.com/pages/refer-a-friend-light-speed-react (“Website”).

Each entrant who receive a 2XU email invitation to the Contest is herein referred to as the “Initial Entrant”.

The Initial Entrant, having received the email invitation, must ensure he/she/they completes all mandatory fields of the entry form on the Website, and submits the form as instructed before the end of the Contest Period. Upon successful submission of the

entry form, he/she/they will receive a unique link that must be sent to a friend (“Invited Friend”). The Initial Entrant must have the consent of the Invited Friend to send them this message.

The Invited Friend, having received the invitation to join the Initial Entrant in the Contest, must ensure he/she/they fully completes all mandatory fields of the entry form and submits as instructed before the end of the Contest Period.

To earn one (1) entry in the Contest, the Initial Entrant and the Invited Friend (collectively referred to as a “Team”) must have completed all the mandatory fields of their entry forms and submitted them prior to the end of the Contest Period. The Initial Entrant is allowed a maximum of forty (40) Team entries.

Upon successful registration as a Team, the Invited Friend will then receive his/her/their own unique link giving him/her/them the opportunity to send this to a different friend and form a new Team.

As a condition of entry and in order to win a prize, all entrants must opt in to receive email promotions/marketing material from the Promoter.

By entering the Contest, entrants agree to subscribe to the Promoter’s marketing emails and consent to the Promoter’s Privacy Policy (https://nz.2xu.com/pages/privacy-policy).

In each scenario, the Initial Entrant and his/her/their Invited Friend will only be allowed to team up once. The Invited Friend must be a different person from the Initial Entrant. Any attempt or suspected attempt to team up more than once with the same person by using multiple email addresses or pennames, or any use of robotic, automatic, programmed or any entry methods not authorised by these rules, shall be deemed as tampering and will void all entries by the person.

All entries that are incomplete, illegible, damaged, contain an erroneous phone and/or email address or do not conform to or satisfy any condition of the rules may be disqualified by the Promoter.

 

WINNER SELECTION

At the conclusion of the Contest Period, the Promoter will draw at random one (1) Team entry from all valid entries received during the Contest Period as the winner. The draw will take place on Tuesday, 19th March 2024 at 4.00pm NZDT at the Promoter’s office at Level 6, 534 Church Street, Richmond Victoria Australia 3121. The draw will not take place publicly. The winning Initial Entrant and the Invited Friend will be notified by email (to the email addresses registered with the Promoter) on the same date as the draw.

The Promoter will publish the results and the winning Team members’ names and States of residence on the Website, on or before Thursday, 21st March 2024.

The Promoter’s decision is final, and no correspondence will be entered into.

Both winners (each member of the winning Team) will be required to respond to the Promoter’s email within the time period specified by the Promoter in order to claim the prize.

In the event of the prize being unclaimed by 5pm on 24 June 2024, a further random draw will take place to determine replacement winners on 25 June 2024 at 10am NZDT at the Promoter’s office at Level 6, 534 Church Street, Richmond Victoria 3121. The draw will not take place publicly. The replacement winners will be notified by email on the same day as the replacement draw. The winners must claim their prize by responding via email to the Promoter within the time period specified by the Promoter. The Promoter will publish the replacement draw results and the winning Team members’ names and States of residence on the Website, on or before 26 June 2024.

 

THE PRIZE

Each member of the winning Team will receive:

· One (1) pair of men’s 2XU Light Speed React Compression Tights in his/her/their preferred size; or

· One (1) pair of men’s 2XU Light Speed React Compression Shorts in his/her/their preferred size.

The prize is as described above and is for 2XU Light Speed React Compression Tights or Shorts only and cannot be exchanged for cash or any other product. Each winner will be able to nominate his/her/their selection however selection is subject to availability.

Each prize is valued at up to $209.99 (including GST). The total prize pool of the Contest is valued at up to $419.98.

The Promoter may require a winner to provide identification as requested by the Promoter including (without limitation) proof of identity, proof of age and proof of residency. Identification considered suitable for verification is at the Promoter’s discretion.

Prizes will be mailed to the address in New Zealand nominated by each winner when claiming the prize.

Prizes and participation in the Contest are subject to any conditions imposed by the supplier or organiser of the prizes, as applicable. Without limiting any other paragraph in these conditions, the Promoter and its associated agencies and companies make no warranties or representations about the fitness for purpose or suitability of the prize and will not accept responsibility for the quality or fitness for any purpose of any element of the prize, or the failure of any element of the prize to be of merchantable quality. If liability under terms implied by legislation cannot be excluded, the liability of the Promoter is the minimum allowable by law.

Any unused portion of the prize is non-transferable, non-refundable, and non-redeemable for other goods or services and cannot be taken as cash.

ADDITIONAL TERMS

The prize is non-transferable. No substitution or cash equivalent of prizes is permitted. Prizes must be taken as described and no compensation will be payable if a winner is unable to use the prize as described. Promoter and its respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the offer or administration of the Contest, including, but not limited to, errors in any printing or posting or these conditions of entry, the selection and announcement of any winner, or the distribution of any prize. Any attempt to damage the operation of this Contest is unlawful and subject to possible legal action by Promoter. Subject to approval of relevant regulatory authorities, Promoter reserves the right to terminate, suspend or amend the Contest, without notice, and for any reason, including, without limitation, if Promoter determines that the Contest cannot be conducted as planned, a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyond Promoter ’s control corrupt the administration, security, fairness, integrity or proper play of the Contest. In the event any tampering or unauthorized intervention may have occurred, Promoter reserves the right to void suspect entries. Promoter and its respective parent, affiliate and subsidiary companies, agents, and representatives, and any telephone network or service providers, are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, computer equipment or software, the inability to access any website or online service or any other error, human or otherwise.

All entries become the property of the Promoter. Once the prize has left the Promoter’s or its agent’s premises, no responsibility is accepted for prizes damaged, delayed, or lost in transit. All prices stated are in New Zealand dollars and include GST. In the event that a prize item is unavailable despite the Promoter’s reasonable endeavours to procure it, the Promoter reserves the right to substitute a different prize of equal or greater value, subject to regulatory approval. Any costs associated with entering the Contest and using the prize are the responsibility of the entrant. The Promoter accepts no responsibility for any tax implications that may arise from the prize winnings. The Competition is governed exclusively by the laws of New Zealand. If due to any reason whatsoever the Promoter becomes aware after an entrant has won a prize and that the entrant has not complied with these conditions, that entrant will have no entitlement to the prize, even if the Promoter has announced him/her/them as a winner and that entrant will be required, at the direction of the Promoter, to return, refund or otherwise make restitution of the prize.

      1. Custom Design Lab Terms & Conditions By using the 2XU Design Lab you accept these terms and conditions (“Agreement”). This Agreement is between you and 2XU Pty Ltd (referred to in this Agreement as “we”, “us” or “our”). We may change these terms at any time. By continuing to use the Website, you agree to be bound by the changes.
          1. Personal Data and User Requirements
            To submit custom artwork you must provide us with personal information including your name, phone number and a valid email address. You must ensure this information is accurate and current.
            By submitting your email address, you grant your express consent to us to send you direct marketing communications to the email address you provide, from which you may unsubscribe at any time. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of our service.
      2. Access and use of the Website
        You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
        You must not (or attempt to):
        1. Interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
        2. Use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
        3. Interfere (or attempt to interfere) with security-related or other features of our site; or
        4. Use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
        We may refer fraudulent or abusive or illegal activity to the relevant authorities.
        We do not warrant that the Website will be available at all times and without disruption and we provide no warranties in relation to the content of any other website linked to or from our Website.

      1. Information on this Website
        You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services via a 2XU Custom Sales Representative.
        Due to photographic and screen limitations associated with the representation of goods, some actual goods may differ to an extent in visual appearance (for example in colour) from the way they appear on the Website. Some items may be represented by a digitally rendered interpretation of the product and not an actual photo.

      1. Disclaimer and Liability
        To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the Website including, but not limited to, loss or damage you might suffer as a result of:
        1. Errors, mistakes or inaccuracies on the Website or our social media pages;
        2. You acting or not acting, on any information contained on or referred to on the Website and/or any linked Website or our social media pages;
        3. Personal injury or property damage of any nature resulting from your access to or use of the Website;
        4. Any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
        5. Any interruption or cessation of transmission to or from the Website;
        6. Any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our Website by any third party; and/or
        7. The quality of any product or service of any linked sites.
        Where any law (including Federal, State, County or Provence Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
        Except as required by law, in no event shall we, our affiliates and related entities or our suppliers be liable for any loss or any special, incidental or consequential damages arising out of or in connection with our Website or this Agreement (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.

      1. Indemnity
        You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

      1. Orders
        You are responsible for all orders placed, including for any discrepancies or errors in your order caused by you.
        The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
        Orders placed by you are offers to purchase goods under the terms and conditions in this Agreement at the price specified (including delivery and other charges).
        We may reject your order, including in circumstances where we believe there may be payment fraud, where we believe the text or logos requested to be applied are considered in our opinion offensive or damaging to the 2XU brand, where we become unable to ship your order, or if there has been an error in the price or product description on the Website.
        You must review your order carefully before placing it with the 2XU Custom Sales Representative. Once an order is confirmed, you are unable to cancel or change it.
        In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.

      1. Price, Payment and Use of Promotional Discount/Coupon Codes
        The prices of goods, delivery and other charges shown are in local currency.
        Where your order requires full pre-payment, payments must be received in full before dispatch of goods. If your payment is not received or is declined by us, your bank or credit card issuer, we reserve the right to withhold your order until payment is furnished. In accordance with local laws, 2XU Custom reserves the right to on-charge credit card surcharges at cost.

      1. Supply and Delivery of Goods
        Subject to this Agreement, we will supply the goods shown on your sales order confirmation. We will use our best endeavours to meet stated timeframes for delivery, however we cannot guarantee delivery time frames will be met.

      1. Goods Out of Stock
        We reserve the right to notify you that goods for which you placed orders have become unavailable for reasons beyond our control. You may receive a full refund in the event we cannot fulfil your order.

      1. Change of Mind Returns
        Due to the bespoke nature of custom manufacturing, 2XU Custom cannot provide refunds or exchanges for changes of mind. Once artwork submissions are confirmed in writing by the customer, artwork is deemed final and is placed into production by the 2XU Custom Sales Representative.

      1. Defective Goods
        You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure as determined by 2XU in agreeance with the customer. This guarantee covers manufacturing defects but not abuse, accidental damage or normal wear and tear. Warranty becomes void if you have not followed the care instructions written on the label.
        The 2XU Custom warranty on all products is 12 months from the date of Sales Order raising. Warranty becomes void if you have not followed the care instructions written on the label. Warranty is not valid for standard wear and tear including garment snagging or overstretching.

      1. Process for Refunds
        When seeking a refund on a product, please contact us via your 2XU Custom Sales Representative or via custom.au@2xu.com. Once contacted we will provide you with instructions on how to return your goods, with which you must comply. The postal fees associated with returning alleged defective garments are the customer’s responsibility.
        Once an item is returned we will either inspect your goods and investigate any claimed defect or, where we believe it is immediately applicable, provide a remedy in relation to your goods. If we do not believe a remedy is applicable upon inspecting your goods (for example, where we believe the goods have been misused, or there was a failure to use in accordance with manufacturer’s instructions, used it in an abnormal way or there has been a failure to take reasonable care), we will reject your claim and return your goods to you.
        Refunds will be issued using the payment method used for purchase. We aim to process refunds and replacements within 5 days of receipt by us of the original product, however, depending on your item and the number of returns in our system, this may take longer.

      1. Social Media and Content
        You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials (“content”) posted on, transmitted through or linked from the Website, our Instagram page, Linkedin page or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.
        You understand that we do not control and are not responsible for content made available through the Website or Social Media unless it originates from us. Consequently, by using the Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the Website at your own risk and to the extent permissible at law we do not accept liability in this regard.
        As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the Website via your account and you must not post (or allow) content to be posted through your account that:
        1. you do not have the right to post;
        2. is defamatory or in contempt of any legal or other proceedings;
        3. is misleading or deceptive;
        4. is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;
        5. denounces religious or political beliefs;
        6. contains religious or political material;
        7. is indecent, obscene, vulgar, pornographic or offensive;
        8. infringes any copyright, trade mark, patent or other intellectual property right of another person;
        9. contains any unsolicited or unauthorised advertising or promotional material;
        10. contains or links to viruses, malware, spyware or similar software; or
        11. impersonates any person or misrepresents your relationship with any person.
        We reserve the right, in our absolute discretion, to pre-screen, refuse or remove any content from the Website or our Social Media pages without giving any reasons.
        You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.

      1. Intellectual Property
        All content, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the Website is either owned, controlled, or licensed to 2XU, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trademark laws and various other intellectual property rights. We reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.
        Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
        You may not:
        1. Modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
        2. Decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.;
        If you correspond or otherwise communicate with us, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute the content of your correspondence or communication and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote such content. This may include, but is not limited to, publishing testimonials on our Website and developing your ideas and suggestions for improved goods or services we provide.

      1. General
        We will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.
        This Agreement will be governed by and interpreted in accordance with all applicable laws. You irrevocably submit to the exclusive jurisdiction of the courts of which the offices of 2XU are located.
        If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.
        If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

      1. International Sales Taxes
        Orders delivered outside of Australia are not subject to Australian taxes. Because the shipments pass through customs, they are subject to import duties, taxes, and custom processing fees. In most cases, a bill will accompany the delivery, and is payable upon receipt of the package, or the bill will follow shortly in the mail. All taxes and customs duties are the responsibility of the recipient of the delivery. Please note that we cannot estimate the amount of the taxes, duties and/or fees that will be applied to international orders. We suggest you contact your country's customs bureau before placing your order.

    1. Privacy and Personal information
      If you provide us with any personal information our Privacy Policy will govern how we will use or disclose that information.

Last updated: June 2018

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