WEBSITE USE - TERMS & CONDITIONS

xtm.com.au is the website of XTM Australia Pty Limited (Website) that allows consumers to browse, select and purchase products from XTM Australia Pty Ltd ABN 81 101 383 304 (XTM).Use of the XTM Website is subject to acceptance of these Terms and Conditions.

Disclaimer and Liability

Every effort has been made to ensure the information contained on the Website is correct, however XTM makes no warranty as to the accuracy, comprehensiveness, or correctness of any products on the Website, and provides all products on an "as is" basis.XTM, including our partners, directors, officers, shareholders, employees, agents, contractors, and other third parties associated with running the Website, to the maximum extent permitted by law, disclaim all liability and responsibility for any loss or damage that might be suffered by you or any third party caused by the Website or the products sold on it INCLUDING, WITHOUT LIMITATION, LOSS OR DAMAGE SUFFERED AS A RESULT OF NEGLIGENCE.

Privacy

For information on how we collect and handle personal information please see our Privacy Policy by clicking here.

Personal Information

In order to purchase products from the Website, you will need to create an XTM account prior to making a purchase.  You must also create an XTM account to engage with the XTM community and make comments on our Website.As an account holder you are required to provide XTM with accurate personal information including a valid email address. Provision of another person’s details as your own will not be deemed acceptable.As an aide to fraud prevention we may require proof of identification of the cardholder prior to releasing the order.Any personal information collected by XTM shall not be disclosed to any third party unrelated to XTM’s business unless such a disclosure is authorised or required by law, or you have expressly consented to such a disclosure. XTM otherwise relies on its Privacy Policy.

Credit Card Information & Payment

Credit card information collected for the purpose of payment of products purchased at XTM will be stored securely using a PCI DSS compliant solution.Credit card information will be masked on your account and will not be visible to XTM Customer Service staff.Provision of credit card information as payment for the product/s constitutes an agreement for your purchase of the selected product/s.You must not pay or attempt to pay for product/s using fraudulent credit card information.

Account Security

If you create an account with XTM you will be required to provide a password. You acknowledge that you are solely responsible for maintaining the security of your password.Each time you use the password, you will be deemed to be authorised to access and use the Website in a manner consistent with these Terms & Conditions. This means that you are responsible for any products purchased using your account details.You must notify XTM if at any time you believe someone has access to your password. 

Reviews and Comments

You may post reviews and make comments on the content on our Website. The content however must not be illegal, obscene, threatening, defamatory, infringing of intellectual property rights, invasive of privacy, or otherwise objectionable to third parties and is not permitted to consist of or contain software viruses, commercial solicitation, mass mailings, or any form of "spam." XTM reserves the right to remove such content at any time, and without notice to you.If you post content, and unless we indicate otherwise, you grant XTM a nonexclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, distribute, and display such content on its Website and on any other marketing material XTM may create.

Pricing and GST

All prices on the Website are quoted in Australian dollars and include GST.All prices are subject to change. All prices displayed on this Website are only valid online at the time shown.

Stock Availability

XTM attempts to present the availability of stock accurately however stock availability constantly varies and is only valid at the time shown.If an ordered item isn't available or we are unable to fulfil your order we may attempt to arrange an alternative item or will provide a full refund.For more information please see our Delivery Policy.

Customer Communications

For information on how XTM will communicate with you please see our Privacy Policy.

Order Cancellations

Once you have placed your order, XTM are unable to cancel, add, remove or make changes to your order including your delivery details, items, colours, and sizes or removing the items from your order.XTM also reserves the right to cancel your order if:

• You provide an unauthorised credit card
• We are unable to process payment on the credit card provided
• You provide invalid personal details
• If, when required, you cannot provide acceptable proof of identity
• The product has become unavailable
• If, for any reason, we don't reasonably believe we can successfully complete delivery

XTM will attempt to notify you before cancelling your order.

Suspension, Termination and Effect of Termination

If you breach these terms and conditions, XTM reserves the right to suspend or terminate your account at any time without prior notice to you. If your account is suspended or terminated, you will not be able to access the Website.If you are awaiting delivery of products, XTM reserves the right to cancel your order. A refund may be issued to the credit card provided during the purchase process.

Delivery

For information on delivery, please see our Delivery Policy page.

Returns

XTM offers a 30-Day Free Return Policy. This policy includes rights you are entitled to under the Australian Consumer Law.You are not liable for the postage cost of returning full-priced products purchased (no free postage on returns of sales/ clearance items) if returning the products from within Australia via XTMs nominated courier service, provided your order qualifies for our return policy. XTM will pay for a courier within Australia to pick up your returns of full-price products at a location convenient to you.If the product is faulty when you receive it you may choose to return the product to XTM for a full refund. Faults will be assessed by our Customer Service Centre and we may also consult with the supplier or manufacturer. If the product is found to be faulty you will receive a full refund. You are liable to pay postage/courier cost of Sales/Clearance products which are being returned for exchange or a refund (except where the item is faulty). For more information on our returns policy, please see our Returns Policy.

Refunds

Refunds will only be issued in accordance with our returns policy and will only be made to the original account used for payment. In some limited circumstances we may make a refund to an alternate account if the original has been cancelled or is not available.XTM will not consider requests for refunds after 30 days of purchase, unless the product is deemed faulty by our Customer Service operator.For more information on refunds, please see our Returns Policy.

Loss of Goods

The risk of loss of goods shall be passed to you upon our delivery of the product to XTM’s nominated delivery company.

Links

The Website may contain links to other websites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such other website.

Promotions

By submitting your email address on the promotional pages on xtm.com.au you agree to receive our XTM e-newsletter with updates on new arrivals, competitions, promotions and other occasional marketing activities. Please read our Privacy Policy for more information.

Disputes

This contract will be governed by the laws of Victoria, Australia. Any dispute arising out of your use of the Website, or the products purchased on it, will be subject to the exclusive courts of that jurisdiction.

Security

When you register your personal details to establish an account or to place an order, a secure server is used. Secure Sockets Layer (SSL) encrypts the information you send through this website. XTM makes no warranty in respect of the strength or effectiveness of that encryption and accept no responsibility for events arising from unauthorised access of the information you provide.

Copyright

All information, text, material, graphics, software and advertisements on the Website are Copyright (c) of XTM unless expressly indicated as otherwise.The Website content is protected by Australian and international copyright and trade mark laws.You must not modify, copy or distribute the Website content in any way except as expressly provided for on the website or expressly authorised in writing by XTM.You must not frame or embed in another website any of the material appearing on this website without our prior written consent.You may use the content of this Website only for the purpose of shopping on this Website or placing an order on this Website and for no other purpose.

Gift Card Codes

All gift card codes are applied to the value of the order, including delivery costs and GST, and are subject to our general Terms and Conditions.  The gift code must be entered into the Gift Card Code field on the Cart or Checkout pages and applied for the discount to be deducted from the order.  Discounts cannot be combined and only one code can be applied to any order. Gift Codes are valid for 3 years from purchase/creation date.

Changes to Terms and Conditions

XTM reserves the right to change these Terms and Conditions of its service without informing you. You should check our Website regularly for any updated Terms and Conditions.The Terms and Conditions for existing orders will be upheld by XTM.

Contact us

You can find our contact details on our Contact Us page.