Terms & Conditions — 2XU Europe

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.

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.
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.
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.
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.
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.
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.
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.
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 promotion or 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 free on all orders over $120 AUD and is valid for Australian residential addresses only.
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.
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.
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.
Process for Returns and Refunds
1. 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.
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.
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.
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.
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.
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.
Promotion Terms and Conditions

Black Friday & Cyber Monday

Black Friday: 30% off selected styles, excluding Light Speed compression, wetsuits and Outlet styles.

Take a Further 20% Off Outlet: offer is exclusively for Outlet styles. Discount will be automatically applied at checkout for applicable products.

Tights Under $80: selected styles only.

Limited time only, while stocks last

"the Activity": Triathlon Workshop

In consideration of joining in the above-described event(s), classes, activities, or other programs, and using the premises, facilities, and/or equipment, or any other location or venue where 2XU is providing services (the “Activity” or “Activities”), I agree and acknowledge that I am fully aware that there are significant inherent risks and dangers involved in physical training, cycling, swimming and running exercise activities, including the potential of death, injury, and/or property damage. I accept all the risks of participating, even if the risks are created by the carelessness, negligence or gross negligence of a Released Party (as defined below) or anyone else.
“Claims” includes but is not limited to any and all liabilities, claims, demands, legal actions, rights of actions for damages, costs, procedures, personal injury or death in connection with participation in the Activity. “Released Party” means 2xu pty ltd, and all of their affiliates, franchisees and their respective representatives, directors, officers, agents, employees and volunteer staff.

(a) I am in proper physical and mental condition to participate in the Activities, and am aware that participation could, in some circumstances, result in physical injury, serious physical injury or death;
(b) I understand my physical limitations and am sufficiently self-aware to stop physical activity before I become ill or injured;
(c) if, in the subjective opinion of any Released Party, I would be at risk by participating in the Activities, I may be denied access to the Activities and related facilities until I furnish an opinion letter from my medical physician, at my sole cost and expense, specifically addressing the Released Party’s concerns and stating that the Released Party’s concerns are unfounded;
(d) at all times I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions given to me by any Released Party;
(e) I am aware that if the Activities occur outdoors, the streets adjourning the area of the Activities are open to regular vehicular traffic during the Activities and I will obey all traffic laws and regulations;
(f) I understand that I am under no obligation to participate in the Activities and it is my choice to both participate and attend. I further understand that I am solely responsible for my own safety, physical and mental health and wellbeing and that my participation is completely voluntary and optional.

I hereby, for myself and for my heirs, next of kin, executors, administrators and assigns, fully and irrevocably release, waive, forever discharge and agree not to assert, any and all rights or Claims I may have, now or in the future, against any Released Party, even if the Claims are based on the carelessness, negligence or gross negligence of a Released Party or anyone else. Without limiting the foregoing, I further irrevocably release, waive and agree not to assert any recourses which I may now or hereafter have resulting from any decision of any Released Party.
I agree not to sue any Released Party for Claims, even if the Claims arise from the carelessness, negligence or gross negligence of any Released Party or anyone else. I agree to indemnify (reimburse for any loss) and hold harmless each Released Party from any loss or liability (including any reasonable legal fees they may incur) defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the carelessness or negligence of any Released Party or anyone else.

(a) I have no physical or medical condition which would prevent me from properly and safely participating in the Activities;
(b) I have not been instructed by a physician to avoid physical activity and/or exercise;
(c) I have no symptoms or suggestions of mental distress or trauma which would prevent me from properly and safely participating in the Activities; and
(d) if I have consulted a physician and/or mental health professional, I have taken my physician’s advice.

I am aware that there is no obligation for any person to provide me with medical care during the Activities. I understand and acknowledge that:

(a) there may be no aid stations available for the Activities;
(b) there will be no mental health professionals available for the Activities; and
(c) if medical care is rendered to me, I consent to that care if I am unable to give my consent for any reason at the time the care is rendered. I acknowledge that I am responsible to inform a physician or mental health professional if I experience symptoms of mental distress or trauma prior, during or after my participation in the Activities.

I grant my permission to the Released Party and any transferee or licensee or any of them, to utilize any photographs, motion pictures, videotapes, recordings and other references or records of the Activity which may depict, record or refer to me, my aural or visual likeness, my voice or other depictions of me or my persona or personality, together with my aural or visual likeness, my voice or other depictions of me or my persona or personality contained therein, in whole or in part, for any purpose (“Images”), including commercial use by the released parties, their sponsors and their licensees. This permission is for use anywhere in the world and on the Internet and in any other media now known or hereafter created and for an unlimited period of time. I understand and agree that I will not be compensated or receive additional consideration for consenting to the use of the Images and that I will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use the Images. I hereby release the Released Party including, without limitation, all persons who took or otherwise created, recorded or modified the Images, from any and all claims, actions, damages, interest, costs, expense and compensation of whatsoever kind and howsoever arising, whether known or unknown, and which I now have or at any time hereafter can, shall or may have in connection with, or in any way resulting or arising from, the Images and the creation, use or disposition of them.
I acknowledge and agree that the Released Party shall own all right, title and interest, throughout the world, in and to the Images and any materials compromising all or any part of the Images, and that the Released Party has the unrestricted right to use, license, sell, transfer or otherwise dispose of any or all of them, as well as the Released Party’s rights under this Release and Waiver, in any manner whatsoever and without any accountability to me. I hereby assign to the Released Party all right, title and interest, throughout the world, I may have in and to the Images and any materials comprising all or any part of the Images, including all intellectual property rights thereto. I hereby irrevocably waive any and all of my moral rights and any other irrevocable rights I may have, throughout the world, in or to the Images and any materials comprising all or part of the Images.
I understand that some of the information provided by me, including, but not limited to, my name, address, and date of birth (the “Information”) will be collected and used by the Released Party, and I consent to the transmission of the Information to the Released Party, its agents and/or service providers and authorize the Released Party, its agents and/or service providers to record, process and store such Information as necessary for purposes of providing and administering the Activity.
I understand that I must be at least the greater of either eighteen (18) years of age for participation in the
If any provision of this Release and Waiver shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Release and Waiver and shall not affect the validity and enforceability of any remaining provisions.
I have fully read and understand this Release and Waiver. I am aware that by signing this Release and Waiver, I am waiving certain legal rights I or my heirs, next of kin, executors, administrators and assigns may have against the Released Party.
BY COMPLETING BELOW, Participant accepts and agrees to the terms and provisions contained in this Release and Waiver.
IF PARTICIPANT IS UNDER 18 or the age of majority of the jurisdiction where I reside: I certify that I am the parent or legal guardian of the child named above. I confirm that I have read and understand the above Release and Waiver and that I agree (on behalf of my child) to be bound by each of the above conditions.

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. 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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