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Legal Notices

  • Terms and Conditions of Use
  • Privacy Policy
  • Shipping & Delivery Policy
  • Returns Policy
  • Lay-By Terms & Conditions
  • Disclaimer

 

TERMS & CONDITIONS OF USE

The following Terms and Conditions apply to your use of this Website. The following Terms and Conditions also govern all transactions conducted through this website. The legal owner of this website is  Xmart  Adult Store (“the Owner”). ​These Terms and Conditions of Use (“Terms”) govern your use of this website including domain names that may from time to time be linked to this website hereinafter collectively referred to as “the website” and your use of the website will mean you accept these terms. 

Copyright

Information herein including but not limited to trademarks, text, images, graphics, sounds, video files, are all subject to copyright, and /or any other form of intellectual property protection which may apply, and may not be copied, reproduced, modified, posted, linked to other sites, or otherwise used in any manner which does not have the express written permission of the owner, it being further declared, that this website may contain images which are subject to the same protection or copyright of their providers/owners.

Use Of Site

These Terms and Conditions of Use have been executed and delivered by you and constitute a valid and binding agreement between you and the Owner, enforceable against you in accordance with the terms.

You represent that you are (1) at least 18 years of age, (2) of legal age to form a binding contract, and (3) not a person barred from receiving services under the laws of Queensland or other applicable jurisdiction. 

You shall establish and use your membership on the site, and/or purchase and use the products and services available through the website, in strict compliance with these Terms & Conditions of Use and all applicable laws, rules and regulations (collectively, “Laws”).  

All calls, emails and other communications between you and the Owner may be recorded. 

Order Processing 

The Owner may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances the Owner deems appropriate in its sole discretion. The Owner also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. The Owner will either not charge you or refund the charges for orders that we do not process or cancel.

Product and Service Descriptions 

The Owner attempts to provide accurate descriptions of products and services on its website. The Owner does not warrant, however, that the descriptions are accurate, complete, reliable, current or error-free. If a product or service offered on the website is not as described, your sole remedy is to return the item, as specified in these Terms & Conditions and the Owners Return Policy.

Pricing Information 

The Owner strives to provide accurate pricing information regarding the products and services available on the website. The Owner cannot, however, insure against pricing errors. The Owner reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the website as a result of an error. If this occurs, the Owner will notify you by email. In addition, the Owner reserves the right, at its sole discretion, to correct any error in the stated full retail price.

Product and Service Availability 

This website may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order. Unfortunately, the Owner cannot guarantee that an item listed as “in stock” will actually ship right away, as inventory can change significantly from day-to-day. In rare cases, a product or service offering may be in stock when a customer places the order, and sold out by the time the Owner attempts to process the order. Should this happen, the Owner may notify you by email. If the Owner determines that a product or service you wish to purchase is no longer available, the item will be cancelled from your order. The Owner will notify you by email and delete the item from the website.

Shipping 

Please refer to our Shipping Policy contained on this site. The Shipping Policy like all policies are subject to amendment from time to time. 

Gift Cards 

Gift Cards may be purchased on this website.  Gift Cards and their use, including provisions regarding loss, are subject to the Gift Card Terms and Conditions which can be viewed on this website, as well as the Terms & Conditions of Use and Privacy Notice.   

Intellectual Property Rights 

The material contained on this website is protected by copyright. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this website, or create any other material using material on this website, without obtaining the prior written consent of the Owner. Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the prior written consent of the Owner. The website, products, technology and processes contained in this website may be the subject of other intellectual property rights owned by the Owner or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this website must not in any way infringe the intellectual property rights of any person. 

External Sites 

This website may contain links to, or from, websites of third parties (“external sites”). The owner is not required to maintain or update the links. Links to, or from, external sites should not be construed as any endorsement, approval, recommendation or preference by the Owner of the owners or operators of the external sites, or for any information, products or services referred to on the external sites unless expressly indicated on this website. The Owner makes no warranties and accepts no liability in relation to material contained on external sites. 

Security 

The Owner makes no warranty in respect of the strength or effectiveness of any encryption devices used and the Owner is not responsible for events arising from unauthorised access of the information you provide. 

Privacy Notice 

A copy of the Privacy Notice that applies to the collection, use, disclosure and other processing of personal information on the website is located on this site. You consent to any personal information we obtain about you (either via this website, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Notice. We may update the Privacy Notice from time to time in our sole discretion, and post an updated version of the notice on this website. 

Cookies 

Cookies are small pieces of data stored on the web browser on your computer. Any web server (including this one) may: 

1.     Store one or more cookies in your browser; 

2.     Request your browser to transmit this data back to the web server; or 

3.     Request your browser to transmit a cookie that has been stored on your browser by another site within the same internet domain. For example, all servers in the domain may retrieve a cookie set by the web server. 

This website may store cookies on your web browser in order to improve service for you on your subsequent visits to this website. By using cookies, websites can track information about visitors’ use of the site and provide customised content. Most web browsers can be configured to notify the user when a cookie is received, allowing you to either accept or reject it. You may also inspect the cookies stored by your web browser and remove any that you do not want. If you disable the use of cookies on your web browser or remove or reject specific cookies from this website or linked sites, then you may not be able to gain access to all the content and facilities of this website. 

Disclaimers and Limitation of Liability 

Except where to do so would cause any part of these Terms to be illegal, void or unenforceable, the Owner: 

1.     Excludes all conditions and warranties implied into these Terms; 

2.     To the fullest extent permitted by applicable law, is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of this website; and 

3.     Excludes liability (whether that liability arises under contract, tort (including negligence or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with this website. 

Without limiting the general disclaimer, the Owner: 

1.     Makes no warranty as to the completeness or accuracy of any material or as to its merchantability or fitness for a particular purpose. The Owner is not liable to you or anyone else if errors occur in the information on this website or if that information is not up-to-date; 

2.     Will not be liable for disruptions to this website; and 

3.     Is not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of this website or an external site. You must take your own precautions to ensure that whatever you select for use from this website is free of viruses or anything else that may interfere with or damage the operation of your computer systems. 

Content You Submit 

You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that:   

  1. is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libellous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offence, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable Australian or foreign laws;  
  2. may contain software viruses or malware;  
  3. contains advertisements or solicitations of any kind, or other commercial content;  
  4. is designed to impersonate others;    
  5. contains personal information (such as messages that include phone numbers, tax file numbers, credit card numbers, bank account numbers, addresses or employer references), except where we expressly ask you to provide such information;    
  6. contains messages by non-spokesperson employees of the Owner purporting to speak on behalf of the Owner or containing confidential information or expressing opinions concerning the Owner;    
  7. contains messages that offer unauthorised downloads of any copyright,   confidential or private information;    
  8. contains multiple messages placed within individual folders by the same user restating the same point;    
  9. contains chain letters of any kind; or   
  10. contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to:-
(a)     using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognise you as a known contact;  
(b)     using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or    
(c)     sending messages to distribution lists, newsgroup aliases or group aliases.
You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.
With respect to any content you submit or make available through the Site (other than personal information, which is handled in accordance with the Privacy Policy, you grant the Owner a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sub license such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to the Owner.
Linking to this Website
In order to be able to link to information on this site you will need to agree to the linking conditions and obtain approval from the Owner. To request a link please e-mail through the online form in contacts page on this website Please ensure your e-mail contains the following information:
1.     Company Name   
2.     Contact Name   
3.     E-mail Address   
4.     URL of internet site that will link to this website 
5.      Nature of your company’s website Jurisdiction 

Irrespective of ISP jurisdiction which the Owner elects to choose, this site shall be deemed to operate from Queensland, Australia and all information shall be deemed to have been delivered in Queensland, Australia the reader agreeing and acknowledging that the Owner gives no undertaking, nor makes any representation that material contained herein is appropriate, acceptable or otherwise, for use in locations other than Queensland, Australia and is not soliciting business from any world jurisdiction. 

The content of this website is not meant for consumption in any jurisdiction by entities or person(s), whereby by virtue of, including but not limited to, local corporate, or other laws, and/or nationality, residence status, etc, the website or information presented on it may be restricted or prohibited. Whilst every attempt has been made to ensure the accuracy of claims and/or statements made herein, there shall be deemed to be no liability resting upon directors, shareholders, key management, staff, consultants, advisers and/or other parties including but not limited to; financial backers, suppliers, employees, etc and readers agree to save and hold harmless same. If you choose to access this website, you agree you shall be responsible for complying with all and any laws which may apply. 

Validity and construction in the event of any controversy or claim between parties, arising out of or in connection hereof, which became the subject of any civil action at law, or suit in equity, shall be settled in Queensland Australia, and judgment upon any award rendered may be entered in any world court of competent jurisdiction. 

Warranties & Representations  

Information herein is provided by the Owner  is without warranty of any kind whether express or implied, including but not limited to; merchantability, fitness for a purpose, or non-infringement of third parties rights, and while information provided to the best of our knowledge is believed accurate, it may include unintentional errors or inaccuracies, and in electing to review these pages, readers accept and agree, that in no event shall the Owner be held liable to any person or entity, for special, indirect, or consequential damages relating to the material presented. 

Licenses 

The Owner has sought to present an informative and innovative website and we trust visitors will enjoy the contents, however it is acknowledged and accepted by all visitors, that the Owner will protect its and/or others intellectual property which may be presented on this or connected sites; including but not limited to; patents, trademarks, and copyrights. Accordingly, it is understood, no license to intellectual property has been afforded by this website.  

Entire Agreement

These Terms and Conditions governing the use of this website constitute the entire agreement between you and the Owner regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms & Conditions of Use.  In the event there is a conflict between these Terms of Service and the Terms of Use with respect to the matters herein, these Terms of Service will control. 

Severability 

If any provision of these Terms & Conditions of Use is deemed unenforceable, enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws. 

Modification Of Terms Of Service 

You acknowledge and agree that the Owner may, in its sole discretion, modify, add or remove any portion of these Terms & Conditions of Use at any time and in any manner, by posting revised Terms & Conditions of Use on this website.  

You may not amend or modify these Terms & Conditions of Use under any circumstances.  The current version of these Terms & Conditions of Use is available on this website. It is your responsibility to check periodically for any changes the Owner makes to the Terms & Conditions of Use. Your continued use of this Site after any changes to the Terms & Conditions of Use means you accept the changes.   

EFFECTIVE DATE              1 April 2018

 

PRIVACY POLICY

Xmart Adult Shop understands that your right to privacy is of the utmost importance and we are committed to the protection of your personal information.Any information we collect from you is used only to fulfil your order and enhance your shopping experience. Our privacy policy appears below in detail.

What information do we gather from subscribers to our e-news service?

We gather your name and email address only. We use your email address to send out occasional newsletters about special promotions and new products we may offer. You may unsubscribe from this service at any time.

What information do we gather from customers (those making a purchase)?

We gather your name, email address, credit card details and physical address, which are used to fulfil your order. We keep name and address details in a secure area of our system to make ordering easier the next time you visit. No credit card details are retained.

What information do we gather from questionnaires and competitions?

We will gather your email address to advise you if you have won a prize. We may also ask for other information such as gender, age and country. No respondent is identified as an individual. We use this information in an aggregated form only to help us enhance our website and our range of products.

What if you contact us?

We may keep a copy of any correspondence from you.

Who do we share information with?

We do not sell, trade or rent user information to anyone outside of Xmart Adult Shop, its Parent, Subsidiary or otherwise inter-related Companies. ("Xmart Group")

In order to transfer payment for your order, your credit card details will be sent in encrypted form to your bank for clearance. No credit card details are stored after this clearance. When you shop with us and we fill your order, your details never leave the Xmart Group. Your name, address and other contact information will be supplied to our transportation company so your order can be delivered.

Under what circumstances will we Contact you?

If you have elected to, you will receive an email confirming placement of your order.

If your order, for whatever reason, cannot be shipped within the specified period set out in our shipping policy, one of our customer service representatives will contact you via email.

If your order does not contain enough information (eg address details) for us to complete it, one of our customer service representatives will contact you via email.

If you have elected to, you will receive an email confirming shipment of your order.

If you have elected to, you will receive occasional email newsletters from us. You may cancel these at any time.

We may contact you and pass on your details to third-parties if we believe you have violated the terms and conditions associated with using the website, or, we believe you to be involved in activities harmful to the website owner or other users of the website.

    SHIPPING & DELIVERY POLICY

    Privacy

    For your privacy and discretion, any issues related to this site will be discreetly and confidentially handled, including Purchasing, Payment, Packaging, Delivery, Contact (only when absolutely necessary), your details will be kept confidential at all times.

    Your information will not be shared, passed on or sold to anyone outside of Xmart Group.

    This information will confidentially always remain with us.

    Credit Card Statement

    For your privacy, your credit card statement will only show "X Products" & will not include reference relating to the product purchased.

    Processing & Delivery

    Your products will be dispatched to you within 20 business days discreetly packaged, the senders name will not appear on your delivered package, your delivered package will not include references to adult products.

    Registration and Promotions

    We use registration forms on certain pages of our website and Social Media pages. Registration Forms require users to provide us with contact information such as names and email addresses. The users contact information is used to facilitate order processing for purchases in the future, as well as to contact users about new ranges, specials and other promotions we may have. Individual user information is never disclosed to third parties. Promotions require users to go through the registration process. In addition to how registration data is used above, promotions use this data to contact winners of the promotion. By emailing us users can request changes or to be removed from receiving future promotional e-mails.

    Your details will be kept confidential at all times.

    Your information will not be shared, passed on or sold to anyone outside of our business.

    This information will confidentially remain with us.

    By entering your email address to any part of our website, you accept to receive news updates from us.

    If you do not wish to receive this information, please email us to remove your email address from receiving these communications.

    Should subscribers and customers subsequently choose to unsubscribe from mailing lists we will provide instructions on how to unsubscribe on the appropriate website area or in said communications.

    On request, we will delete from our database personally identifiable information that has been submitted.

    For more information, don't hesitate to contact us

    RETURNS POLICY

    This return policy applies to domestic orders only.

    ​Our return policy strives to be as flexible as possible for our customer while allowing us to provide instant insider access to various labels and coveted products at a significant discount. As a result, not every product can be returned or returned for cash. To make the process easier for our valued customers, we've broken down the details on what exactly is returnable and when you can expect to receive cash back or a credit.

    If you need any further assistance or clarification, please contact our Customer Support.

    You can return the following items:

    All sized items, which includes clothing, footwear, and belts unless the item is sold on-sale or otherwise noted as non-returnable on the product page.

    The following items are non-returnable:

    All non-sized items, including handbags, ties, sex toys, and more are not eligible for return. Exceptions may apply so please check the individual product page carefully.

    Returns and Credits:

    Returnable items are eligible only for a refund in the form of a Gift Card or Store Credit in an amount equivalent to the original purchase amount of the products minus a $29.95 restocking fee.

    If you request a refund and the original form of payment used was a Gift Card to purchase the item/s in question, the original Gilt Card will be reinstated to you. Once you have selected to receive your return in a Gift Card, you cannot transfer the amount onto any form of original payment for cash back.

    Exchanges

    Love your purchase but it doesn't fit? We're happy to exchange it for another size of the same product if we have it available in our inventory. To start an exchange, please contact Customer Service to see what sizes are available.

    As part of the exchange, you will be asked to pay for the new item in full. You will be reimbursed to the original form of payment including the price of shipping when we receive your return.

    Return or Exchange Eligibility Window

    Eligible item(s) must be returned or exchanged within 10 days of the item shipped date or as otherwise stated on the item return policy.

    Returned items must be unused, unworn, unwashed, undamaged and the original packaging completely intact in its original form.

    ​Please return items in their original packaging, including: hangers, plastic wrap, hang tags on garments, shoe boxes, dust bags and gift boxes.

    Miscellaneous

    Although the information on this Website is accessible worldwide, not all products or services discussed in this website are available to all persons or in all geographic locations or jurisdictions.

    The Owner reserves the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this website is void where prohibited.

    LAY-BY TERMS & CONDITIONS

    You can lay-by purchases of $150 or more and spread the payment over 10 weeks. To establish a lay-by, you must pay a 10% deposit and a $15 non-refundable service fee. Lay-bys are available for up to 10 weeks and regular fortnightly payments of at least $25 must be made.

    Where can I make payments? Payments may only be made online at www.xmart.com.au

    What products cannot be purchased on lay-by? Lay-by is not available on clearance and discontinued products, pre-paid cards and vouchers, perishable items and where specifically stated in store and in promotional materials.

    Shipping your purchases. We will ship your purchases in accordance with the terms and conditions of our shipping policy as soon as you have paid in full for the lay-by. Purchases must be paid for by the lay-by finalisation date printed on your receipt.

    Cancellation by you. Lay-bys may be cancelled by you at any time during the term, in which case you will be entitled to a refund of the amount you have paid, less a termination fee of $50 (which is in addition to the $25 non-refundable service fee). You will need to request a cancellation in writing and provide photo identification to cancel a lay-by. Refunds for lay-by payments will be made using the original payment method only.

    Cancellation for non-payment. It is your responsibility to make the regular lay-by repayments and collect your purchases by the due date. Failure to make payments when they are due will be treated as cancellation of the lay-by. Xmart is not required to contact you before cancelling a lay-by for non-payment or non-collection. If your lay-by is cancelled, you will be entitled to a refund of the amount you have paid, less a termination fee of $50 (which is in addition to the $25 non-refundable service fee).

    Other terms. Lay-by contents cannot be modified. You may change your contact details or request a replacement lay-by receipt, provided you do so in writing and provide photo identification. Lay-by terms may be varied at the sole and unfettered discretion of Xmart for specific events or promotions.

    Your privacy. Your personal information will be used to administer the lay-by, including for XMART or third parties to send reminders via letter, SMS or email. Unless you specifically you opt out, you agree to receive marketing material, you agree to XMART collecting your personal information for marketing its products and services to you and to analyse purchasing activity. XMART may provide personal information to service providers (some of whom may be located outside Australia) for these purposes. Xmart respects customer privacy and will only use your personal information in accordance with Xmart’s Privacy Policy which available on our website www.xmart.com.au  

    DISCLAIMER
    The Owner provides this website not as professional advice but as guidelines for convenience only, upon the condition that the user, by receiving or reading the material contained on this website, agrees not to act in reliance upon it without first satisfying himself/herself by independent inquiry or advice as to the suitability, appropriateness, relevance, nature, fitness for purpose, likely side effects or long term effects, accuracy, reliability or otherwise of that material, having regard (without limitation) to the physical condition of the user, and his/her general fitness or medical condition.

    The user agrees that the user shall not have, make or bring an action, suit, claim, demand or proceedings against the Owner for damages, compensation, losses, costs, expenses, orders or any other legal or equitable remedy should any such material be found to be incorrect, inaccurate, erroneous, defective, deceptive or misleading, whether caused by negligence of the Owner or any other cause whatsoever.

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