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SAXX UNDERWEAR CO. LTD.

TERMS | CONDITIONS | PRIVACY POLICY

Updated April 2015

At SAXX Underwear Co. Ltd. (“SAXX”), the protection of our website visitors and customers privacy and personal information has always been a top priority.

SAXX (“saxxunderwear.com”) operates the saxxunderwear.com website (“the Site”). Use of this Site is regulated by the terms and conditions, which appear below and constitute a contract between the consumer and SAXX. These terms, conditions and policies can be modified at any given time, without prior notice, by SAXX.

In using this Site, you are acknowledged to have read and understood these terms, conditions and policies in full. Should you not want to be bound by these terms and conditions, please do not use this Site.

1. TERMS OF USE

1.1 Trademarks, logos, photos, and restrictions relative to use Trademarks, photos, logos, or any other element used or exhibited on the Site are trademarks registered by SAXX, No Limits Group, or by third parties. Reproductions, copies, distribution, publication, translation, display or transmission of these elements without obtaining previously written authorization by the owner of these trademarks, logos, photos, or any other element originating from the Site is strictly prohibited.

1.2 Limitation of Liability
The Site and the components contained within it will be provided as is, without any implicit or explicit guarantees. On reservation of all public legislation to contrary effect, SAXX declines any responsibility and will not grant any guaranty regarding quality contrary to a particular use. SAXX takes no representation regarding the use of a product, the validity, the exactitude or the reliance of any element reproduced on the Site or when results ensue the use of these products.

1.3 Origin of Site Operations
SAXX operates the Site out of its business in Vancouver, in the Province of British Columbia, in Canada. Canadian and British Columbia laws govern the Site. For anything to do with this policy please contact SAXX at:

SAXX Underwear Co. Ltd.
Attn: Website Policy Officer
68 West 5th Ave.
Vancouver, BC V5Y 1H6
email: info@saxxunderwear.com

2. GENERAL CONDITIONS OF SALE

2.1 Order Acceptance
Receiving confirmation of an order via email from saxxunderwear.com does not constitute that an order has been accepted by SAXX, or that there is an offer to sell. SAXX reserves the right, without any prior notice, to refuse service to any consumer and/or limit the ordered quantity of any item ordered. Verification of any personal or credit card information may be required at any time by SAXX before accepting any order.

2.2 Price
2.2.1 The price payable for each item that is ordered is as set out with regard to each product offered on the Site;
2.2.2 The charges for transportation and delivery, as well as applicable sales taxes, are not included in the price;
2.2.3 SAXX reserves the right to modify the price of products offered on the Site at any time, without prior notice;
2.2.4 All prices are in Canadian dollars or in US dollars, if need be.

2.3 Return Policy
2.3.1 Should a product be found defective, please contact us to initiate a warranty claim. All returns should be accompanied by a proof of purchase (invoice, receipt). Please contact our Customer Service team via phone or email at 1-888-409-7299 or info@saxxunderwear.com for directions on how to return the defective product.

2.3.2 You shall assume the delivery charges and the legal risks for a products returned (except in the case were SAXX has not delivered to you the products you have ordered, or has delivered to you products that are damaged or defective, in which case SAXX will assume all delivery charges and the risks, as long as you return the products using a carrier that guarantees the risks of loss and damage).

2.3.3 Pertaining to articles 2.3.1 and 2.3.2, a return can be refused if a product has been removed from its original packaging, unless the product is found to be defective. If a product is found to be defective, it will be exchanged for a new model of the same product or for a credit of the same value.

2.3.4 Upon receiving a returned product, any sum debited from your credit card account in favor of SAXX with regard to the product, except delivery charges, will be credited as soon as possible, on condition that the product being returned is returned by you and received by SAXX in the exact condition as that in which it was when delivered to you.

2.4 Product Availability
It is possible that your order may be delayed before being shipped to you, while we wait for one or more out-of-stock items to become available.

2.4.1 SAXX does not guarantee the availability of inventory for products offered on the Site. If SAXX is unable to deliver a product that you have ordered due to insufficient inventory, SAXX will advise you by email when the product will become available again. In such a case, you have the following options;

2.4.1.1 Request that we deliver the product(s) to you, in which case a payment will be deducted from your credit card account for the product(s) before being delivered to you;

2.4.1.2 Refuse delivery of the product(s), in which case your credit card account will be issued a credit for the product(s).

2.4.2 SAXX will not under any circumstances be responsible for any damage you may suffer due to insufficient inventory.

2.5 Shipping Policy

2.5.1 SAXX will deliver the products ordered by you to the address you transmit at the time of your order.

2.5.2 Deliveries will be sent out by SAXX as soon as possible following the acceptance of your order, depending on which method of delivery you chose on the Site. The waiting period and charges for the ordered products, any taxes and delivery fees are assessed the moment the orders are submitted and accepted on the SAXX website. If a product becomes unavailable after the order has been submitted and accepted, a credit for that product may be issued back to the original method of payment.

2.5.3 You automatically become owner of the products you have ordered the moment SAXX hands them to the carrier. As of then, you will assume all risk related to the products ordered, and SAXX will not be held accountable for their loss or damage.

2.5.4 Regarding any orders made outside of Canada; you are responsible for all costs of customs brokerage and any other costs related to exporting outside of Canada.

2.5.5 Delivery of products is subject to the rules of the delivery companies with which SAXX does business, at this time, Canada Post, FedEx, USPS, UPS, as well as any other company rules with whom SAXX may do business with from time to time. You are in particular subject to the rules concerning a signature acknowledging receipt of products. Should you be absent from the location where you requested delivery, you shall be responsible for the recovery of the products according to the rules of the delivery company you chose on the Site at the time of your order.

2.5.6 No deliveries will be made to any Freight Forwarders.

2.5.7 SAXX must receive all payments in full for products to be delivered to you before proceeding with their delivery.

2.6 Responsibility

2.6.1 In the case where responsibility of SAXX to you may be held, such responsibility shall be limited to an amount of money equivalent to the prices you paid for the products returned.

2.6.2 Notwithstanding the proceeding, nothing in this article may have for effect to limit any right you may have as a consumer with respect to one or other of the laws of public order that maybe applicable to you.

2.7 Errors and Inaccuracies
Though it is our priority to provide you with complete, current, and accurate information, our Site may contain content that is subject to human and/or technological errors (e.g., typographical errors, inaccuracies, omissions, etc.). This content may include information related to pricing and availability, as well as material that is incomplete or outdated. SAXX reserves the right to correct such information, even after an order has been placed. We may change or update information without prior notice at any time. Consequently, we apologize for any inconvenience that such errors may produce.

2.8 Security
A User is prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such User, including logging into a server or account which the User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network to breach security or authentication measures without proper authorization, (c) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of "denial of service" attacks, overloading, "flooding", "mail bombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, (e) disrupt network nodes or network services or otherwise restrict, inhibit, disrupt or impede SAXX’s ability to monitor or make available the Site, or (f) taking any action in order to obtain services to which the User is not entitled. Violations of system or network security may result in civil or criminal liability. SAXX will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any User who is involved in such violations.

3. PRIVACY POLICY
SAXX is completely committed to protecting the privacy of our site visitors and customers. We will not disclose information about our customers to third parties except where it is part of providing a service to you, such as arranging for a product to be sent to you, carrying out credit and other security checks, for the purposes of customer research and profiling and/or where we have your express permission to do so.

3.1 Policies of confidentiality and information transmitted by the Site users
SAXX engages itself in restraining to divulge client information of personal or commercial nature. This information remains property of SAXX and can be used in any way necessary for SAXX at all times, in order to verify information pertaining to credit cards use before accepting any order.

3.2 Material transmitted by users
By use of the Site, the consumer acknowledges that all elements, information and opinions, which are transmitted to SAXX, will become entire and exclusive property of the Site and the customer also relinquishes any moral rights regarding these elements. SAXX may, without compensation to you, use, reproduce, publish or license in any manner whatsoever the elements that you transmit to SAXX. It is prohibited to post or transmit any illegal, slanderous, obscene or elements contrary to any applicable law to SAXX. By transmitting such elements, you represent all rights to these, of any type whatsoever, all intellectual property rights.

3.3 Use of Cookies
SAXX takes the protection and proper use of your personal information seriously. We respect your privacy and take great care to safeguard information in our possession. Your preferences with regard to how we use your information are our highest priority. Below you will find our Cookies Policy. It explains generally what cookies are, what cookies we use, and what we use them for.

What are cookies?
Cookies (or similar tracking technologies designed for mobile devices) are simple text files stored on your computer or mobile device when you visit certain web pages. A cookie records basic information about your visit, such as your user settings or what pages you have viewed. The website (and potentially other websites) can then recognize this information in the future and can use it to improve your overall experience, for example, by remembering your login details, preferences or even recommending certain content.

There are four principle types of cookies we may use:
1. Essential Cookies - Some cookies are essential for the operation of a website, and without these cookies the website would not be able to perform certain necessary functions. An obvious example of this is where a shopping website uses cookies to remember products placed into an online shopping basket. Without using these cookies, it would not be possible to shop online.
2. Performance Cookies - Performance cookies collect information about how a website is used in order to improve the website's effectiveness. Also known as 'analytical' cookies, performance cookies track information such as, which parts of the website have been visited, what links have been clicked and if any errors have occurred. Performance cookies are commonly used to ensure that popular content is displayed more prominently on a website so that users can find the information that they are looking for more quickly.
3. Functionality Cookies - As the name suggests, 'functionality' cookies are used to deliver specific features or functions on a website. The most common use of functionality cookies is to remember preference settings, or to store login details. For example to save you the trouble of inputting your username every time you access a site.
4. Targeting Cookies - 'Targeting' cookies may be placed by us, or by our advertisers, to store information about the webpages that you have viewed. This allows us and our advertisers to deliver adverts that are relevant to the content you are interested in. These adverts may be displayed on our website or on other sites that you visit.
Targeting cookies are also used to operate 'Like' or 'Share' buttons, which users can click to let other people know that they have found a particular webpage useful or entertaining. Other sites (normally social networking sites) will then recognize these cookies and display your shared content to other users. How long do cookies last?
Cookies may stay on your computer or mobile device for different periods of time depending on what they are used for. Many cookies will only last for the duration of a single visit and will be automatically deleted when the browser is closed down. These cookies are known as 'session' cookies. Some cookies (known as 'persistent' cookies) do remain on your device between sessions and allow us to authenticate you and to remember your preferences.

What does SAXX use cookies for?
SAXX does not store personally identifiable information such as credit card details in cookies we create, but we do use encrypted information gathered from them to help improve your experience on the SAXX website.
We principally use cookies to:
1. Remember the products you have stored in your basket in case you want to return and purchase them at a later date
2. Identify you when you sign-in to our website, which enables us to provide customized features and services, such as adding items to your wish list
3. Keep track of items stored in your shopping basket when you go from one page to another on one of our website
4. Conduct research and diagnostics to improve our content, products and services to you
5. Prevent fraudulent activities
6. Improve security
7. In addition, we do have relationships with carefully selected and monitored suppliers who may also set cookies during your visit to be used for remarketing purposes.

How do I manage my cookies?
Most browsers will allow you to manage your cookies in your browser settings to perform the following:
1. See what cookies you have got and delete them;
2. Block third party cookies;
3. Block cookies from particular sites;
4. Block all cookies; or
5. Delete all cookies when you close your browser.

Contacting Us
For questions or comments regarding any part of the above policy, please contact SAXX at:

SAXX Underwear Co. Ltd.
Attn: Website Policy Officer
68 West 5th Ave.
Vancouver, BC V5Y 1H6
email: info@saxxunderwear.com