The Terms and Conditions (T&Cs) contained herein along with the Privacy Policy and Terms of Use, form an Agreement regulating our relationship with regard to the use of 2XU.co.za shopping Platform (Site) by you.

Please read this Agreement carefully. You are advised to regularly check for any amendments or updates to the terms and conditions from time to time. 2XU.co.za may add to or change or update these Terms of Use, from time to time entirely at its own discretion. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of a Site after any amendment to the Terms of Use shall constitute your acceptance of these terms and you also agree to be bound by any such changes/revisions.

DEFINITIONS:

"Agreement" means the Terms and Conditions (T&C) contained herein along with the Privacy Policy and Terms of Use including other T&C at other portals of 2XU.co.za under the 2XU brand name. It will also include references to this Agreement as and when amended, notated, supplemented, varied or replaced.

"Site" means the 2XU.co.za online shopping platform owned and operated by Designer Sport Marketing trading as 2XU South Africa, which provides a venue to the users to buy the products listed / displayed at 2XU.co.za.

"User/You" means and includes any Customer / Buyer / You (the person or any legal entity) who accept the offer for sale, through 2XU.co.za by placing its order on this Site.

"Product/s" the goods, services promoted / displayed on the Site and offered for any use / sale.

The agreement between you and 2XU.co.za is subject to the following T&C:

1. The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian.

2. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the Shopping services of 2XU.co.za you agree to be bound by the Terms and Conditions.

3. All prices, unless indicated otherwise are in South African Rand’s

4. By indicating User's acceptance to purchase any product or service offered on the site, user is obligated to complete such transactions. Users shall prohibit from indicating its acceptance to purchase products and services where it does not intend to complete such transactions.

5. 2XU.co.za is neither responsible for any non-performance or breach of any contract entered into between Users nor make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the products or services proposed to be sold or offered to be sold by the seller or purchased by the buyer, on the Website.

6. You are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf. 2XU.co.za accepts no liability for any errors or omissions, whether on behalf of itself or its Sellers or third parties.

7. Any order placed for a product that is listed at an incorrect price may be cancelled. This shall be regardless of whether the order has been confirmed and/or payment levied. In the event the payment has been processed, the same shall be credited to your account and duly notified to you by email.

8. In a credit card transaction, you must use your own credit card. 2XU.co.za will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise' shall be exclusively on the user.

9. 2XU.co.za is not responsible for non-delivery, unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable

10. In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost towards re-delivery shall be claimed from the User placing the order.

11. Shipment/delivery time of order processing starts from the day of receipt of the payment The Shipment /Delivery time is an approximate time mentioned by 2XU South Africa against each product. 2XU.co.za shall not be liable for any delay / non-delivery of purchased goods , flood, fire, wars, acts of God or any cause that is beyond the control of 2XU.co.za

12. Presently, the service(s) of 2XU.co.za Shopping are being offered free of cost. However 2XU.co.za reserves the right to charge a fee for any or such facilities.

13. The User agrees to provide authentic and true information. 2XU.co.za reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), 2XU.co.za has the right in its sole discretion to reject the registration and debar the User from using the Services available at this website, and / or other affiliated websites without prior intimation whatsoever.

14. 2XU.co.za will not be responsible for any damage suffered by users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the Vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

15. Partial delivery of product needs to be reported within 5 days of receipt of the product.

16. Cancellation, on user's request, may not be allowed, subject to the specific terms and conditions applicable to the type of product or service purchased.

17. Delivery of orders would be done address specific not person specific.

18. For reported defects on products with manufacturer's warranty the customer needs to contact the relevant service center of the manufacturer, respectively. 2XU.co.za shall not be held responsible for any refund claim in such a case from the customer.

19. We 2XU.co.za as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

Typographical Errors:

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, 2XU.co.za shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. 2XU.co.za shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and charged. If you have already been charged for the purchase and your order is cancelled, 2XU.co.za shall issue a credit to you in the amount of the charge.

Use of Site

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

Disclaimer of Warranty

The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.

The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called "Providers", assume no responsibility for errors or omissions in these contents.

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.

The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

Our Rights

We reserve the right to:

  1. modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or 
  2. change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website. 
  3. We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

Privacy Policy

We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website.

All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.

The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.

We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.

By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

Product availability

Lead time is dependent on stock availability. Should we have stock available, orders will be dispatched the same day provided payment is validated/received before 1400 hours.

Should the product not be in stock please allow 10 working days plus freight transit time. This will allow for manufacturing and delivery to our warehouse.

Every effort is made to effect shipment of your order timeously however unforeseen circumstances may cause delays. Should we be faced with such an occurrence 2XU.co.za will contact you via email and provide a revised shipping schedule.

Delivery Policy 

When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.

Shipping

Courier

Please ensure the correct shipping address is provided from the outset as title and risk will pass to you once the order has left our premises.

Undeliverable packages

Occasionally packages are returned to us undeliverable. Should this event take place every attempt will be made to contact you to make arrangements for re-shipment.

Order processing

Order processing will not begin until we receive a confirmed order and full payment.

Refunds/returns Policy

Should you for any reason wish to cancel your purchase you will be liable for a 15% handling fee. You must advise us in writing of your cancellation and any such cancellation must be signed by the person who made the original purchase. The goods must be returned to us undamaged in the original packaging within 14 calendar days.

* Note:  2XU.co.za recommends that you use Speed Services Couriers (South African Postal Services) for all returns as it offers shipment tracking through a 24 hours customer helpline. Should you choose to use a carrier that does not offer a tracking facility and the goods are lost then no refund or return will be considered.

Nedbank South Africa

Payment Options and Pricing

All transactions will be processed in South African Rands (ZAR).

2XU.co.za reduce its price on any shipped products within 10 working days of shipment, you may contact us and request a refund of the difference between the price you were charged and the reduced selling price. To receive the refund you must contact us within 14 days of shipment.

Credit Card

We accept MasterCard and Visa credit cards. If you do not have a credit card please utilise one of the other payment options, or simply log off and return to the site at a later time to complete your order. All of your order details will be saved online under in the Your Account section available for use whenever you’re ready! Sorry for the inconvenience.

EFT (Electronic Fund Transfer)

One of the most widely used ways of sending money online. Once you have added enough items to your shopping cart, proceed to “Checkout” and follow the order processing instructions. Select the option to pay via EFT. You will then have to load 2XU.co.za as a beneficiary on your internet banking and use the unique order number in the reference line for your payment. This should ensure speedy processing and delivery of your selected products. 

Banking Details:

Designer Sports Marketing
Nedbank
Account Number: 1216098018
Branch Code: 198765
Account Type: Cheque

Direct Deposit 

You may pay for your products through a direct deposit. It’s exactly the same as doing an EFT payment, except you’ll have to go into your bank and physically make your direct deposit there. Please fax through your deposit slip to us on (011) 555-5555 to ensure your payment is confirmed and order shipped as quickly as possible. 

Banking Details:

Designer Sports Marketing
Nedbank
Account Number: 1216098018
Branch Code: 198765
Account Type: Cheque

For more information about how to order, special order requirements and other payment options, please contact customercare@2xu.co.za

Security Policy

  1. Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
  2. Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
  3. The Merchant does not have access to credit details.
  4. Virtual Card Services continually reviews and enhances its security in line with technological changes.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

Law

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Updating of these Terms and Conditions

We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Consent

I understand that all the designs and trademarks are registered to 2XU.co.za and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by 2XU.co.za for any civil action or any legal action deemed necessary against me.

Products descriptions and pricing:

Before placing an order you are advised to check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

2XU.co.za, will attempt to be as accurate as reasonably possible while providing Product descriptions and pricings. However, 2XU.co.za or Seller do not warrant that descriptions or other content or prices related to the Products or other information and content contained in this 2XU.co.za website is accurate, complete, reliable, current, or error-free. If a Product showcased on 2XU.co.za website is found by You not to be as described, upon receipt of the same in pursuance to placing an order through the Site, your sole remedy is to return it in unused condition to the us. In the event if the payment has been processed by, the refund amount shall be credited to your credit/debit card account and the same shall be duly notified to by email to your email address provided at the time of registration.

Charges displayed on the site are inclusive of cost of the product service fee for payment and facilitation fee. In case the customer would like to pay using an alternate payment mode that is acceptable to us, the service fee for payment will be adjusted with the total payable amount for the order. All prices and availability of products are subject to change without prior notice at the sole discretion of 2XU.co.za

Registration:

Registration of the User on the Website is Mandatory. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's under ID and Password for any purpose whatsoever without proper authorization from such party.

User are responsible for the security of User's password and for all transactions undertaken using User's password through our service.

The user also agrees and undertakes to immediately notify 2XU.co.za of any unauthorized use of the user's password or user ID and to ensure that the user logs off at the end of each session at the website. 2XU.co.za shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.

The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or 2XU.co.za has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 2XU.co.za shall have a right to suspend or terminate User's registration and refuse any and all current or future use of the Website and/or any Service.

Furthermore, the User grants 2XU.co.za the right to disclose to third parties Registration Data to the extent necessary for the purpose of carrying out the Services.

Prohibited Activities:

You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that

(a) belongs to another person and to which you do not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

(c) Harm minors in any way;

(d) Infringes any patent, trademark, copyright or other proprietary rights;

(e) violates any law for the time being in force;

(f) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) Impersonate another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource

Any Content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.

Termination / Suspension:

2XU.co.za reserves its right to refuse service, restrict, suspend, terminate your account; (Terminate this Agreement; Terminate or suspend your access to the Web Sites; Move, or remove any product or service that is available on or through the Services; Deactivate or delete your accounts and all related information and files in your account; Establish general practices and limits concerning use of this Site) at any time, in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms of Use. Upon such termination or suspension, your right to use the 2XU.co.za Web Sites will immediately cease. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.

The User agrees that 2XU.co.za may under certain circumstances and without prior notice, immediately terminate the User's user ID and access to the Website/Services. Causes for termination may include, but shall not be limited to requests by enforcement or government agencies, etc.

Relationship:

None of the provisions of this Agreement, terms and conditions, notices or the right to use the Website by the User contained herein or any other section or pages of the Website and/or the Linked Sites, shall be deemed to constitute a partnership between the User and 2XU.co.za and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way. It may be noted, however, that if by using the Website, the User authorizes 2XU.co.za and its agents to access third party sites designated by them or on their behalf for retrieving requested information, the User shall be deemed to have appointed 2XU.co.za and its agents as their agent for this purpose.

Entire Agreement:

The Terms and Conditions, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.

Headings:

The headings and sub-headings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of this Service or the right to use the Website by the User contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.

Communication with Users:

2XU.co.za reserves the right to communicate with Users regarding this site and User's use of this site or any product or service purchased by User on this site.

Notice of copyright Infringement:

2XU.co.za is not liable for any infringement of copyright arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. In the event you have any grievance in relation to any Content uploaded on the Site, you may contact us at sales@2xu.co.za

Request you to please provide the following information in your complaint:-

A physical or electronic signature of a person authorized to act on behalf of the copyright owner for the purposes of the complaint.

(b) Identification of the copyrighted work claimed to have been infringed.

(c) Identification of the material on our website that is claimed to be infringing or to be the subject of infringing activity.

(d) The address, telephone number or e-mail address of the complaining party.

(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.

(f) A statement, under penalty of perjury, that the information in the notice of copyright infringement is accurate, and that the complaining party is authorized to act on behalf of the owner of the right that is allegedly infringed.

Copyright Notice

Copyright ©2013 2XU.co.za. All rights reserved.
These disclaimer/terms of service notification are subject to change without notice.