Terms and Conditions of Use and Sale
Last updated: September 2023
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User Agreement
- 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.
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Defective Goods
- 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.
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Registration and User Requirements
- 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.
- 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.
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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):
- interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
- use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
- interfere (or attempt to interfere) with security-related or other features of our site; or
- 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. 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.
- 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).
- 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.
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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.
- 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.
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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:
- errors, mistakes or inaccuracies on the Website or our social media pages;
- 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;
- personal injury or property damage of any nature resulting from your access to or use of the Website;
- any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
- any interruption or cessation of transmission to or from the Website;
- 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
- the quality of any product or service of any linked sites.
- 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.
- 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.
- 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:
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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.
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Placing Orders
- You are responsible for all orders placed on your account, 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).
- Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
- 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.
- 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.
- In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
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Price, Payment and Use of Promotional Discount/Coupon Codes
- The prices of goods, delivery and other charges shown are in local currency.
- 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.
- We are currently unable to accept payment via foreign credit cards. Only New Zealand issued credit card payments can be accepted at this time.
- There is a limit of one promotional discount or coupon code per transaction.
- Coupon "stacking" and the use of multiple coupon codes is not permitted.
- We reserve the right to extend, change or cancel a promotional discount or coupon code at any time.
- 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.
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Supply and Delivery of Goods
- 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.
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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 fulfill your order.
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Change of Mind Returns
- 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
- A full priced and/or outlet item;
- returned within 30 days of order from 2XU.com;
- in original purchased condition with tags attached;
- not underwear or socks; and
- not damaged in any way.
- 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.
- Garments purchased from a 2XU Retail Performance Centre must be returned to the place of purchase for a Return request
- Gifts cannot be returned for change of mind by the giftee. The gifter must contact 2XU with their relevant Order information (Name & Customer Order #)
- 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
- Refunds will be permitted to the original account used at the time of purchase (the original Credit Card or PayPal Account used).
- 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.
- 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
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Process for Returns and Refunds
- 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.
- 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.
- 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.
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Social Media and Content
- 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. 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:
- you do not have the right to post;
- is defamatory or in contempt of any legal or other proceedings;
- is misleading or deceptive;
- 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;
- denounces religious or political beliefs;
- contains religious or political material;
- is indecent, obscene, vulgar, pornographic or offensive;
- infringes any copyright, trade mark, patent or other intellectual property right of another person;
- contains any unsolicited or unauthorised advertising or promotional material;
- contains or links to viruses, malware, spyware or similar software; or
- 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.
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Intellectual Property
- 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.
- 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:
- modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
- 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.
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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.
- 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.
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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. Please review and understand our Privacy Policy.
TAKE20 Offer
Take a further 20% off selected Outlet products. Offer starts 10am 22/09/23 until 11:59pm 28/09/23 AEST. Offer valid online at https://2xu.com/ . Use code TAKE20 at checkout to claim the additional 20% off eligible outlet products. Offer while stock lasts. Excludes our Aspire range. Offer is not valid in conjunction with other offers. Discount is on top of the marked price. 2XU reserves the right to end or extend offer periods without notice.
50% OFF BRAS
Purchase any selected style tights and get the matching crop 50% off! Offer starts 10am 19/09/23 until 11:59pm 2/10/23 AEST. Offer valid online. Both the selected tights and matching crop must be added into your cart to claim the automatic discount at checkout. Offer while stock lasts. Full price styles only Offer is not valid in conjunction with other offers. 2XU reserves the right to end or extend offer periods without notice.
Terms and Conditions – 2XU 'Win a $1000 Wardrobe for you and a friend’ Competition
NO PURCHASE NECESSARY OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
Information on how to enter and prizes form part of these conditions of entry. Entry into this competition is deemed to be acceptance of these conditions. 2XU Australia Level 6, 534 Church Street, Richmond VIC 3121 is the Promoter (“Promoter”).
ELIGIBILITY
The REFERRAL Contest ("Contest") is open to legal residents of the United States of America, who have reached 18 years of age as of the beginning of the Contest Period, and who are not:
- an employee of; or
- domiciled with an employee of; or
- an immediate family member of an employee of; the Promoter or its affiliated
companies, 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 law.
SWEEPSTAKES PERIOD
The Contest Period runs from Friday September 22 at 9:00am AEST to Thursday October 12 at 11.59pm AEST ("Contest Closing Date"). All entries must be received on or before the time stated during that submission period. Promoter reserves the right to extend or shorten the sweepstakes at their sole discretion. The final prize pack winner will be selected on Monday October 16, 2023.
HOW TO ENTER
- The Contest is running across the website: https://2xu.com/pages/competition
- Entrants who receive a 2XU email invitation are herein referred to as the ‘Initial Entrant’.
- The Initial Entrant, having received the email invitation, must ensure he/she completes all mandatory fields of the entry form, and submits the form as instructed before the Contest Closing Date. Upon successful submission of the entry form, he/she will receive a unique link that must be sent to a friend. The Initial Entrant must have the consent of the Invited Friend to send them this message. The friend invited by the Initial Entrant is herein referred to as the ‘Invited Friend.
- The Invited Friend, having received the invitation to join the Initial Entrant in the Contest, must ensure he/she fully completes all mandatory fields of the entry form and submits as instructed before the Contest Closing Date.
- 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 form and submitted them prior to the Contest Closing Date. The Initial Entrant is allowed a maximum of forty Team entries.
- Upon successful registration as a Team, the Invited Friend will then receive their own unique link giving them the opportunity to send this to a different friend and form a new Team.
- As a condition of entry, all entrants must opt in to receive email promotions/marketing material from 2XU in order to go into the draw to win a $1000 2XU Wardrobe.
- By entering the Contest, entrants agree to subscribe to 2XUs marketing emails and consent to 2XU Privacy Policy.
- In each scenario, the Initial Entrant and his/her 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 authorized by these rules, shall be deemed as tampering and will void all Entries.
- 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
Following the conclusion of the Contest, 2XU will draw at random Team entry from all
valid entries received during the Contest Period as the winner. The draw will take place on
Tuesday 16th October, 2023 before 11am AEST. 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. The winners must claim their prize by responding via email by Friday 29th September. In the case of one winner not claiming their prize, neither Entrant nor Invited Friend will be eligible for the prize and the winners will be redrawn.
The Promoter will publish the results and the winning Team member’s names on the event T&Cs page, on or before Friday 28th October, 2023.
The Promoter’s decision is final, and no correspondence will be entered into.
In the event of the prize being unclaimed by Friday 27th October, further draw/s will
take place to determine replacement winners on Monday 30th October before 11am AEST. The draw will not take place publicly. The replacement winners will be notified by email on the same day. The Winners must claim their prize by responding via email. The Promoter will publish the unclaimed draw results and the winning Team member’s names in the same medium (on the event T&Cs page) as where the promotion was advertised, on or before Monday 30th October.
The prize is $1000 worth of 2XU gear for the entrant and invited friend ($2000 in total).
Total prize pool value is AUD$2,000. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE IS SOLELY THE RESPONSIBILITY OF THE WINNER.
ADDITIONAL LIMITATIONS
The prize is non-transferable. No substitution or cash equivalent of prizes is permitted.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 Sweepstakes, including, but not limited to, errors in any printing or posting or these Official Rules, the selection and announcement of any winner, or the distribution of any prize. Any attempt to damage the content or operation of this Sweepstakes is unlawful and subject to possible legal action by Promoter . Promoter reserves the right to terminate, suspend or amend the sweepstakes, without notice, and for any reason, including, without limitation, if Promoter determines that the Sweepstakes cannot be conducted as planned or should a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyondPromoter ’s control corrupt the administration, security, fairness, integrity or proper play of the Sweepstakes. In the event any tampering or unauthorized intervention may have occurred, Promoter reserves the right to void suspect posts at issue. 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.
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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.
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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.
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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):- Interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;
- Use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;
- Interfere (or attempt to interfere) with security-related or other features of our site; or
- Use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.
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.
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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.
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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:- Errors, mistakes or inaccuracies on the Website or our social media pages;
- 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;
- Personal injury or property damage of any nature resulting from your access to or use of the Website;
- Any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;
- Any interruption or cessation of transmission to or from the Website;
- 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
- The quality of any product or service of any linked sites.
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:- you do not have the right to post;
- is defamatory or in contempt of any legal or other proceedings;
- is misleading or deceptive;
- 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;
- denounces religious or political beliefs;
- contains religious or political material;
- is indecent, obscene, vulgar, pornographic or offensive;
- infringes any copyright, trade mark, patent or other intellectual property right of another person;
- contains any unsolicited or unauthorised advertising or promotional material;
- contains or links to viruses, malware, spyware or similar software; or
- impersonates any person or misrepresents your relationship with any person.
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.
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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:- Modify or copy the layout or appearance of the Website nor any computer software or code contained in the Website; and/or
- Decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.;
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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.
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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.
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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.
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Personal Data and User Requirements
Last updated: June 2018