Terms & Conditions
This Site is operated by XBlades Sports Australia Pty Ltd, Building 2, 163-179 Forster Road, Mount Waverley, VIC, 3149, Australia ("XBlades") ABN 41 612 616 789.
Please read the Terms and Conditions carefully before using the Site. By accessing and using any of the Site on any computer, mobile phone, tablet, console or other device ("Device") you signify that you have read, understood and agree to be bound by these Terms and Conditions in their entirety in addition to any other applicable law or regulation. If you do not agree to the Terms and Conditions in their entirety, please do not use this Site.
Any content featured on or displayed on the Site, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, sound, illustrations and software ("Content"), is owned by XBlades or its licensors and/ or its content providers. The Site is protected by copyright, including all moral rights, trademarks and other intellectual property rights. Unless expressly permitted by applicable laws or by the Terms and Conditions, no aspect of the Site or its Contents may be copied or reproduced in any form or retransmitted by any means. The Site and its Contents shall remain the exclusive property of XBlades or its licensors and/ or its content providers, unless expressly authorised by XBlades to do otherwise.
Unless otherwise indicated on the Site and to the extent authorised under applicable laws, you are permitted to access the Content found on the Site for personal, informational and non-commercial purposes only. You may not modify any Content or copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell and/or reuse any Content without first obtaining express consent from XBlades.
PRODUCTS AND PURCHASES
All descriptions of products and prices are subject to change at any time without notice, at our sole discretion. In addition, we reserve the right to discontinue any product at any time without notice. Certain products may be available exclusively online through the Site or may be subject to limited supply. Products may be capable of being returned or exchanged in accordance with our Exchange and Returns Policy.
Despite XBlades' best efforts to display the products accurately as they appear, we cannot guarantee that your computer monitors display of the colours will be accurate.
If you wish to order products via the Site, please refer to our Delivery Terms. XBlades reserves the right to, although not obligated to, limit the sales or quantities of our products to any person, geographic region or jurisdiction.
BILLING AND ACCOUNT INFORMATION
All orders made are prepaid, however your credit card is only charged when you place your order. When placing your order, you will be redirected to the secure server where you will be required to enter your card details. XBlades only accepts payments by way of Paypal, VISA, Mastercard and AMEX irrespective of the issuing bank. A surcharge will not apply where these payment methods have been used. Unless otherwise specified, any reference to dollars are taken to mean Australian dollars.
The price for the products shall be the price as set out at the checkout process. The price of the products shown are exclusive of all costs and charges of packaging, insurance and shipping, which is calculated at checkout and subsequently required to be paid by you when you proceed with your purchase.
All amounts payable are exclusive of amounts in respect of Australian Goods and Services Tax (GST). Where taxable supply for GST purposes is made payable, you are required to pay the additional amounts when you complete the checkout process.
XBlades does not store your personal credit card details on our servers and will not take responsibility, to the extent permitted by law, for your personal details. If for whatever reason your credit card payment is declined, XBlades does not guarantee that your goods will be held against your order.
Except to the extent required by law, XBlades reserves the right to refuse any order you place with us. We may in our sole discretion, limit or cancel quantities purchased per order. These restrictions may include, but are not limited to, orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the email and/ or billing address provided at the time of making the order. We reserve the right to limit or prohibit any orders that in our sole discretion, appear to be placed by resellers or distributors.
DISCLAIMER OF WARRANTIES
Except to the extent required by law, XBlades does not represent or warrant that the information and/or facilities contained in the Site are accurate, complete or current, or that the Site or the server that makes that Site available are free of viruses or any other harmful components. XBlades cannot represent or warrant that the Site will be uninterrupted or error free. Except to the extent required by law, XBlades does not make any warranties or representations regarding the use of Content on the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
LIMITATION OF LIABILITY
Where conditions, warranties or consumer guarantees implied or applied by law cannot be excluded, XBlades limits its liability, where it is legally entitled to do so: in respect of services, to the resupply of the relevant services or paying the cost of that resupply; and, in respect of goods, the repair or replacement of the relevant goods or paying the cost of that repair or replacement. Otherwise, to the maximum extent permitted by law, neither XBlades, nor any of its employees, officers, directors or any of its agents, contractors or any other party involved in creating, producing or delivering the Site or any Contents will be liable for any direct, indirect, consequential or other loss or damage to any person or entity, however caused (whether by negligence or otherwise) that results from the use of, or the inability thereof to use, the Site or Content.
The limitations and exclusions set out in this section do not apply to any liability of XBlades for wilful misconduct, fraud or gross negligence.
Unless otherwise required by law to do so, XBlades may, but is under no obligation to, monitor, edit or remove content that we, in our sole discretion, determine to be unlawful, offensive, threatening, libellous, inflammatory, defamatory, invasive of privacy, pornographic, obscene or otherwise objectionable or violates any party's intellectual property rights or which is false, threatening or misleading.
The Site may contain links to websites, applications or other products or services operated by third parties. XBlades does not endorse, monitor or have control over these links, which have separate terms and conditions and policies. XBlades is not responsible for the content or policies of these third party links and your access to this links are at your own risk.
CHANGES TO THE TERMS
XBlades reserves the right, at its sole discretion, to change, modify, add or remove portions of the Terms and Conditions at any time without notice, effective upon its posting to the Site. Your continued use of the Site will signify that you have read, understood and agreed to be bound by the new Terms and Conditions.
Each provision of the Terms and Conditions shall be interpreted separately and independently of each other. If any provision is deemed invalid, void or unenforceable, that provision shall not affect the enforceability of any of the other provisions.
APPLICABLE LAW AND JURISDICTION
The Terms and Conditions shall be governed by the laws of Victoria, Australia, and you and XBlades hereby submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.