Terms and Conditions
Last updated: November 2024
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 promotion or 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 free on all orders over $120 AUD and is valid for Australian residential addresses only.
- 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.
- 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.
- 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.
- When seeking a return on a product, please contact us via the Help Centre or email australia@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.
- 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.
- 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.
- 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 license 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.
- 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.
- 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.
2XU promotional offers are valid only during promotional periods and cannot be applied retrospectively.
- Black Friday Early Access
30% off online from 12:00am 15/11/24 until 11:59pm 21/11/24 AEDT. Offer valid at https://2xu.com/. Use code emailed to you at checkout to redeem offer. Offer while stock lasts. Offer on full price products only, excluding Light Speed React, Wetsuits and Trisuits. Offer is not valid in conjunction with other offers. Offer cannot be applied after the order has been submitted. 2XU reserves the right to end or extend offer periods without notice.
- 2XU Member Exclusive: 15% Off Your First Order
Sign up to our Crew for 15% off your first order! Use the unique code sent to your email at checkout to claim your discount. Promotion valid on full price styles only, excludes Outlet. Not valid in conjunction with other offers. Offer cannot be applied after the order has been submitted. 2XU reserves the right to end or extend offer periods without notice
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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.
- 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.
- 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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Information on this Website
Last updated: Dec 2023