terms & conditions
1.0. General
1.1. These Conditions shall supersede all earlier conditions of 2xO™.
1.2. These conditions shall take precedence over any conditions of the Customer and shall not be varied without the written consent of the director of 2xO™ .
2.0. Definitions
2.1. "2xO™ " and "we" mean 2xO™ of Martins Avenue, Bondi NSW 2026, Australia.
2.2. "Customer" and "you" mean the person, firm or company buying or agreeing to buy goods and services from 2xO™.
3.0. Prices and Ordering
3.1. Unless otherwise stated all prices are listed in Australian dollars, inclusive of GST, exclusive of costs for postage. Total freight charges are clearly indicated during the order process. 2xO™ does not apply any hidden fees or surcharges.
3.2. The price payable by the Customer will be the price current at the date of the order.
3.3. Reservation of Products does not constitute an order and is not binding on either party.
3.4. Orders are accepted by writing, internet, telephone or fax. Orders are only binding when 2xO™ accepts payment in full for the order and the Customer receives payment confirmation in writing.
3.5. Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.
3.6. Errors and omissions are excepted. Images are for illustrative purposes only.
4.0. Payment Methods
4.1. Credit Card
Payment can be made with MasterCard or Visa. Your credit card details are stored in a secure, encrypted database and are automatically deleted once your order has been processed. Payment by credit card is the quickest most efficient method of shopping at our online store.
4.2. PayPal ®
2xO™ accepts payments via PayPal ® . PayPal® is a secure method of payment and is free to use. For further information on PayPal®, please refer to the PayPal® website at www.paypal.com .
If you wish to pay via this method you do not need to use our online checkout process. Instead, simply email your order to email (please remember to include your name and a delivery address). 2xO™ will reserve the items you wish to purchase and send you a PayPal payment request for the total order amount. The payment request email will contain a link that will allow you to make the payment using PayPal's secure online payment environment.
4.3. Direct Bank Deposit
2xO™ understands that not everyone has a credit card or feels comfortable shopping online. If you prefer you may pay for your order via Direct Deposit directly into 2xO™ 's bank account (also called Electronic Funds Transfer EFT). Our account details are:
Bank: Commonwealth Bank
Account Name: Daniel Knecht
BSB: 06 2000
Account Number: 10502123
SWIFT CODE: CTB AAU2S
If you decide to pay via Direct Bank Deposit you do not need to use our online checkout process, simply email your order to email. Please remember to provide your full name as the order reference and email us to advise when payment has been made. Please note that orders paid by Direct Debit will not be processed until payment has been received.
4.4. Cheques & Money Orders
We also accept payment via personal cheque, bank cheques or Australia Post money order. Please note that orders by these payment methods will not be processed until the funds have been cleared (which could take up to seven working days). To place an order via this method, you do not need to use our online checkout process, simply email your order to email then post your Cheque/Money Order to:
Daniel Knecht / 2xO™
PO Box 7583
Bondi Beach NSW 2026
Australia
Please remember to provide your full name as the order reference and email us to advise when your payment has been posted.
5.0. Shipment
5.1. We have negotiated very competitive freight charges for national and international destinations. We can provide fast delivery to any location throughout the world at a good rate.
5.2. Without further agreement the shipping will be made directly to the Customer's address (as stated in the order). If payment is made by credit or debit card, delivery will be made to the statement address of the cardholder. Your goods will be dispatched within 48 hours of full payment receipt, excluding weekends and public holidays.
5.3. Any delivery date stated is only a warranty by 2xO™ to use reasonable endeavours to effect delivery by that date. No liability will be accepted by 2xO™ for failure to meet a stated delivery date.
5.4. All deliveries are at the expense and risk of the recipient. Customers must make a claim for damage or loss of the goods in writing:
5.4.1. if a product is damaged, within 48 hours of delivery; and
5.4.2. if a product has been lost, within 48 hours of delivery.
No claim for loss or damage will be allowed if the Customer claims outside the above time limit.
5.5. If a parcel is returned, because the address was incomplete or incorrect, the Customer refused to accept it, or he did not claim the goods at his post office in due time, the Customer will be charged for the shipping back to 2xO™.
5.6. For further information please contact us .
6.0. Return Policy
6.1. We accept any return for any reason at any time within 7 days of receipt of the product and we will give you a refund of the price paid.
6.2. You must inform 2xO™ in writing and return the product(s) along with the original packing to us immediately in the same condition you received them, at your own cost and risk.
6.3. We cannot, however, refund or exchange damaged goods.
6.4. If a product has been assembled by 2xO™ to the Customer's specification clause 6.1 does not apply.
7.0. Customers Obligations
7.1. You are responsible for your own choice of Product and the suitability for any particular purpose.
7.2. Images are for illustration purposes only. We have done our best to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
7.3. Specifications on our website are correct. However errors and omissions are excepted.
7.4. You must provide reasonable courtesy information and co-operation to 2xO™.
8.0. Limitation of Liability
8.1. 2xO™ does not accept liability beyond the remedies set forth herein, including but not limited to any liability for products not being available for use because of loss, damage or delay in delivery, lost profits, loss of business, your breach of this agreement or the provision of services and support.
8.2. 2xO™ will not be liable for any consequential, special, indirect or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein.
8.3. Notwithstanding anything in this agreement or on our web site to the contrary, 2xO™ is not responsible for information you provide to us unless you have a separate written agreement otherwise. You agree that for any liability arising from or related to the purchase of any products, 2xO™ is not liable or responsible for any amount of damages above the aggregate dollar amount invoiced by 2xO™ for the respective products.
8.4. Notwithstanding anything in this agreement to the contrary, the remedies set forth in this agreement shall apply even if such remedies fail their essential purpose.
9.0. Uncontrollable Events and Delays
9.1. In case of delays caused by circumstances beyond the control of 2xO™ or its suppliers, 2xO™ shall have the right to either suspend delivery or to cancel the contract without liability.
9.2. Examples of Uncontrollable Events are (by way of example and not limited to) strike, lockout, riot, revolution, war, epidemic, working difficulties, transportation difficulties, fire, and failure of suppliers or official regulations.
10.0. Title and Risk
Until full payment has been received by 2xO™ for all products whatsoever, supplied at any time by 2xO™ to the Customer: -
10.1. Property of the products shall remain in 2xO™.
10.2. The Customer shall store the products in such a way that they can be readily identified as being the property of 2xO™, and at all times in accordance with 2xO™ recommendations.
10.3. Subject to 10.4 and 10.5 below the Customer shall be at liberty in its own name (but not on behalf of or in the name of 2xO™) to sell the products in the ordinary course of business, on the basis that any proceeds of sale shall be the property of and be held on trust for 2xO™.
10.4. 2xO™ may at any time suspend or revoke the Customers power of sale by notice in writing to the customer if the Customer is in default for longer than 14 days in payment of any sum whatsoever due to 2xO™ or if any Bill of Exchange, cheque or other negotiable instrument drawn or accepted or endorsed by the Customer is dishonoured on presentation for payment.
10.5. The Customer's power of sale will automatically determine if a Receiver is appointed over any of the assets or the undertaking of the Consumer or a winding up order is made against the Consumer or the Consumer goes into voluntary liquidation (otherwise than for the purpose of reconstruction or amalgamation) or causes a meeting of, or makes any arrangement or composition with creditors or commits any act of bankruptcy.
10.6. Upon revocation of the power of sale under clauses 10.4 and 10.5 above the Customer shall place the products at the disposal of 2xO™, who shall be entitled to enter upon any premises of the Customer for the purposes of removing the Products from the premises.
10.7. The risk in the goods shall pass from 2xO™ to the Customer upon dispatch of such goods to the carrier. However, notwithstanding delivery and the passing of risk in the goods, title and property in the goods, including full legal and beneficial ownership, shall not pass to the Customer until 2xO™ has received in cash or cleared funds payment in full for all goods delivered to the Customer under this and all other contracts between 2xO™ and the Customer for which payment of the full price of the goods there under has not been paid. Payment of the full price of the goods shall include the amount of any interest of other sum payable under the terms of this and all other contracts between 2xO™ and the Customer under which the goods were delivered.
11.0. Intellectual Property
The names, images and logos identifying 2xO™ or third parties and their products and services are subject to copyright, design rights and trade marks of 2xO™ and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, design right or copyright of 2xO™, or any other third party.
12.0. Marketing Emails
12.1. 'Marketing Emails' refers to any promotional email communication. The information transmitted in these emails is intended only for the person(s) or entity to which it is addressed and may contain proprietary, confidential and/or privileged material. If you have received an email in error, please contact the sender. Although the emails and any attachments are believed to be free of any virus, it is the responsibility of the recipient to ensure that they are virus free and no responsibility is accepted by the sender for any loss or damage arising in any way from the receipt or use thereof.
12.2. Errors and omissions are excepted. Images are used for illustrative purposes only. Prices are valid for the indicated time period only. Offer pricing only available on the online store. Retail prices apply through the Trade Counter and Telephone Sales.
13.0. Governing Law & Court of Law
13.1. The parties agree that this agreement, any sales there under, or any claim, dispute or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, and equitable claims) between customer and 2xO™ arising from or relating to this agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this agreement, 2xO™'s advertising, or any related purchase shall, to the maximum extent permitted by applicable law, be governed by the laws of the state of New South Wales, without regard to conflicts of laws rules.
13.2. The designated court is Sydney, Australia.
14.0. Miscellaneous
If any part of these Terms and Conditions are found to be invalid or unenforceable by a court the rest are unaffected.