1. User Agreement
2. Registration and User Requirements
(i) 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.
(ii) 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.
3. Access and use of the Website
(i) You must only use the Website through the interfaces provided by us and in accordance with these terms and any applicable law.
(ii) 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.
(iii) 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.
(iv) 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).
(v) 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.
4. Information on this Website
(i) 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.
(ii) 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.
5. Disclaimer and Liability
(i) 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.
(ii) Where any law (including Federal and State Law) provides a guarantee which may not be lawfully excluded, our liability will be limited to that provided by law.
(iii) 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.
(i) 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.
7. Placing Orders
(i) You are responsible for all orders placed on your account, including for any discrepancies or errors in your order caused by you.
(ii) The promotion of goods or services on the Website does not constitute an offer to sell. It is an invitation to treat only.
(iii) 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).
(iv) Goods in your cart are not reserved until you have completed the checkout process. Orders are only confirmed once payment is received in full.
(v) We may reject your order, including 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.
(vi) 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 in this Agreement. Please note that change of mind returns are given at our absolute discretion.
(vii) In the event that we cancel or are unable to fulfil your order, we will provide a full refund of any payment received.
8. Price, Payment and Use of Promotional Discount/Coupon Codes
(i) The prices of goods, delivery and other charges shown are in local currency.
(ii) 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.
(iii) There is a limit of one promotional discount or coupon code per transaction.
(iv) Coupon "stacking" and the use of multiple coupon codes is not permitted.
(v) We reserve the right to extend, change or cancel a promotional discount or coupon code at any time.
9. Supply and Delivery of Goods
(i) 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.
10. Goods Out of Stock
(i) 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 or store credit (at your election) in the event we cannot fulfil your order.
11. Change of Mind Returns
(i) 2XU has a strict Customer Return & Exchange Policy and Procedure to ensure that each item is dealt with quickly and professionally. We may, at our sole discretion, allow a return for refund, provided that the item in question is:
- A full priced, non-sale item
- returned within 30 days of order;
- not used or worn (with original tags and/or packaging); and
- not damaged in any way.
(ii) We allow a return in these circumstances, we will ask you to follow our returns process.
(iii) We will provide you with a refund only when we receive the returned product. You are responsible for payment of return postage on your order. Change of mind returns are not accepted for intimates, which includes underwear, hosiery, socks and swimwear due to hygienic reasons. Remedies for defective goods are still available.
(iv) Garments purchased from a wholesale account (Academy Sports, Dick's Sporting Goods, Omega Sports etc) are not eligible for return to 2XU. These must be returned to the place of purchase.
(v) Garments purchased from a 2XU Retail Performance Centre must be returned to the place of purchase for a Return or Exchange request
(vi) Gifts cannot be returned by the giftee. The gifter must contact 2XU with their relevant Order information (Name & Customer Order #)
(vii) Online purchases that meet the above specifications can be returned to these 2XU Retail Performance Centre locations: Santa Monica & Newport
(viii) Refunds will be permitted to the original account used at the time of purchase (the original Credit Card or PayPal Account used).
12. Defective Goods
(i) Our goods come with guarantees that cannot be excluded under Federal and State Consumer Law. You are entitled to a replacement for 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.
(ii) Any warranty given by us will apply in addition to other rights and remedies you may have under the law. Where applicable, you may make a claim in relation to goods that are faulty in accordance with our 12 Month Warranty Terms & Conditions.
(iii) Your 2XU clothing and accessories are supported with a warranty on both manufacture and materials for exactly one year from the date of purchase
13. Process for Returns and Refunds
(i) When seeking a return on a product, please contact us via the Help Centre or email email@example.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.
(ii) Once an item is returned we will either inspect your goods and investigate any claimed defect or, where we believe it is 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.
(iii) Refunds will be issued using the payment method used for purchase.
(iv) 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.
(i) 2XU Warranty on all products (excluding wetsuits) is 12 months from the date of purchase
(ii) Your 2XU products are supported with a manufacturer’s warranty that covers seams and logos
(iii) Warranty becomes void if you have not followed the care instructions written on the label
(iv) Warranty is not valid for standard wear and tear
(v) Your 2XU performance swimming wetsuit is supported with a warranty on both manufacture and materials for two years from date of purchase
(vi) 2XU Warranty on wetsuits is 24 months from the date of purchase
(vii) Wetsuit Warranty becomes void if you have not followed the care instructions provided by any of the following means:
- you have exposed the suit to chlorine;
- you have exposed the suit to extreme heat and direct sunshine;
- you have exposed the suit to prolonged bacteria and other harsh abrasive substances such as Petroleum Jelly (Vaseline, Paw Paw ointment etc)
(viii) 2XU will not repair or replace items that have clear physical stress such as rips and split seams, or where there is clear evidence of inadequate care or treatment
(ix) We have the right to inspect claimed damages to suits and decide on outcome and cause of damage.
(x) If we find the suit to be faulty at the fault of the customer, 2XU will not pay for suit repairs
15. Social Media and Content
(i) 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.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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.
16. Intellectual Property
(i) 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.
(ii) Other trademarks used on the Website that belong to third parties are used with permission and remain the intellectual property of the third party.
(iii) 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.
(iv) 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.
(i) 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.
(ii) 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 the State of California, USA.
(iii) 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.
(iv) 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.
18. Privacy and Personal information
Last updated: November 2015