In order to protect your interests you should read these Terms & Conditions carefully before placing an order with us. These Terms & Conditions apply only to goods purchased through XDS online and do not apply to in-store purchases. Please refer to your local retailer for their terms & conditions for in-store purchases.

1. Your acceptance of this agreement

1. This is an Agreement between you and all persons you represent (referred to as "Consumer", "you," "your," or "user") and XLAB or XDS Bicycles Australia (Global Fitness & Leisure Pty Ltd) under ABN 96 137 370 953, whose principal place of business is located at 23-25 Maygar Boulevard, Broadmeadows, Vic 3047, consumer@xdsbicycles.com.au ("XDS", "XLAB", "us," "we" or "our"), regarding your access to and use of XDS's website(s) and all content, information, product(s) and services available on or through those website(s) (collectively, the "Website").
2. Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorised to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website.

2. Privacy policy

1. Our Privacy Policy applies to your access and use of this Website, including any personal information provided by you via this Website. The terms and conditions of our Privacy Policy are hereby incorporated by reference into these Terms. In addition, the Privacy Policy is subject to the terms and conditions of these Terms and in the event of conflict between these Terms and the Privacy Policy, these Terms shall govern and prevail. If you do not agree with the Privacy Policy, do not use this Website.

3. Terms governing all orders

1. These Terms apply to any and all purchases made by you from XDS via the Website. If you place an order with XDS it means you have read and expressly agree, consent to, and accept these Terms. You must be 18 years or older to make a purchase on this Website. These Terms apply to all sales of bicycles, clothing, and any and all other goods and product(s) offered on this Website (collectively, "Product(s)"). In the event of any inconsistency or conflict between these Terms and any provision in any Consumer-submitted order or writing, in any other document writing, or any oral arrangement in connection with an order of any Product(s), these Terms shall govern and control (and any inconsistent provisions shall be void). XDS reserves the right to change or modify these Terms at any time in its sole discretion. Notice of any such changes to these Terms will be provided by XDS by posting a notification on this Website or updating the date referenced at the top of the revised Terms, or as otherwise deemed appropriate by XDS. Any such changes will apply only to orders placed after the time such changes become effective. XDS's right to require strict observance and performance of each of these Terms shall not be reduced, vitiated, or otherwise affected by any current or past waiver of any of these Terms (or by any previous course of dealing).

4. Orders and acceptance

1. When you place an order on the Website, such order will not be deemed accepted by XDS unless and until an "Order Confirmation" acknowledgment is sent to you via email by XDS. Orders can only be modified or cancelled up until the order status becomes "Shipped". After this point, you must initiate a return in accordance with section 12 below if you wish to exchange or cancel your order.
2. All orders are subject to the availability of the ordered Product(s). XDS reserves the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue product(s) or services without notice, even if you have already placed your order.
3. Even if an order has been accepted, XDS may subsequently cancel such order in whole or in part due to Product(s) availability (including without limitation, any discontinuation of the Product(s) or Product shortage) or if the order contains an obvious inadvertent pricing error. You will be notified of any order cancellation and any amounts you have paid to XDS in respect of such order shall be refunded as set forth in the "Return Policy" paragraph of these Terms.

5. Out of stock / backorder

1. Under rare circumstances, an item may become out of stock before we are able to ship out the order. We will always contact you prior to shipment if this happens and we will try our best to remedy the situation and will notify you of the date by which the item will become available. However, due to limitations we cannot accept back orders. If you wish to substitute an item you will need to contact us to arrange for a substitute or to cancel your order outright. If the item is not available we will cancel your order. If your payment has already been processed for the purchase when your order is cancelled, XDS will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. In the event that we are unable to contact you within 10 working days, the order will be deemed cancelled and any sums you have already paid to us in respect of the goods shall be refunded to you.

6. Payment methods

1. All orders must be paid in full prior to shipment. XDS accepts payment via MasterCard & Visa credit cards and debit cards as well as ZIP and PayPal. For ZIP and other Buy Now, Pay Later services' terms and conditions, please refer to their product terms and conditions which are linked at the checkout. Payment information is submitted by you upon the placement of any order, and acceptance, fulfillment and shipping of the order by XDS is subject to verification of payment information and availability of funds. Only valid credit or debit cards acceptable to us may be used and all refunds will be credited to the same payment method used for the purchase. By submitting your order, you represent and warrant that you are authorised to use the designated credit or debit card and authorise us to charge your order (including Taxes, shipping, handling and any other amounts described on this Website) to that credit or debit card. If the credit or debit card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
2. Unfortunately, we cannot work out credit card problems with your financial institution if a credit card is declined. It is your responsibility to settle credit card problems with the issuing institution, and then place the order again when the problem is resolved.
3. If a credit card authorisation fails, we reserve the right to cancel your order.

7. Goods and Services Tax (GST)

1. All prices quoted on our Website are in Australian Dollars and are inclusive of GST.

8. Price and/or description changes

1. Prices may change from time to time without notice. Any price change will apply to orders placed after the updated price takes effect and will not ordinarily alter the agreed price of an order that has already been accepted by GFL.
2. Where a saving, discount or comparison price is displayed for a product, the saving is calculated against the reference price identified for that product. The reference price may include, as applicable, the lower of: (i) the manufacturer's recommended retail price (RRP); or (ii) the applicable ticketed, regular or former selling price. Any comparison price or advertised saving is intended to represent a genuine reference price at the time the representation is made. Promotional prices may apply for a limited period or while stocks last and may be subject to additional promotional terms.

9. Errors on our website

1. We will take reasonable steps to ensure our descriptions and prices displayed on the Website are accurate.
2. Prices, product descriptions and availability of product(s) are subject to change without notice.
3. Any errors will be corrected where and when discovered. XDS reserves the right to withdraw a stated offer or cancel an order if there is an error, inaccuracy or omission in a stated offer or product description, including after an order has been submitted and whether or not the order has been confirmed and your payment processed.
4. If your payment has already been processed for the purchase when your order is cancelled, XDS will issue a credit to the payment method used in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

10. Click and Collect shipping policy

1. You will have the option to choose the pick-up location from a participating authorised XDS retailer in your area ('Click and Collect'). XDS will notify you via email when the good(s) are available for pick-up at your chosen authorised XDS retailer ('Selected XDS Retailer'). Orders which contain a bicycle must be provided via Click and Collect. You also have the option to Click and Collect orders which do not include bicycles.
2. It is your responsibility to ensure your Selected XDS Retailer is correct as it will not be possible to change to a different retailer once your Click and Collect order has been submitted.
3. You agree to collect your Product(s) at the Selected XDS Retailer within 7 business days of receiving an email notifying you that your goods are ready for pick-up. If you are unable to pick-up your goods within 7 business days, you will contact your Selected XDS Retailer to organise an alternative pick-up day. At the time of pick-up, you agree to present to your Selected XDS Retailer: (i) the original "Order Confirmation" email; (ii) a government issued identification card (such a valid driver's license or passport) to verify your identity; (iii) the credit card used for the transaction (this is not required for Buy Now, Pay Later transactions including Zip or Afterpay); and (iv) provide a signature for orders over $2,000 in value.
4. If you fail to collect the product(s) and/or fail to contact your Selected XDS Retailer within 14 business days after receiving email notification that the product(s) are ready for collection (or such later date agreed in writing by us or the Selected XDS Retailer), we may cancel your order by notifying you via email. Any cancellation under this clause will be treated as a change of mind cancellation and will be subject to our applicable Change of Mind Return Policy (section 12), including any applicable shipping, handling, restocking or other charges. Any refund payable will be processed in accordance with that policy.
5. Any shipping charges that may apply to your order will be made clear to you during the check-out process on the Website.
6. Not all Product(s) are sent from the same warehouse so they may arrive at your Selected XDS Retailer on different days. You will only be notified that your goods are available for pick-up once all items in your order are available to be collected.
7. Without limiting clause 4(c), XDS reserves the right to cancel a Click and Collect order under reasonable circumstances, including but not limited to closure of the Selected XDS Retailer or inability of the Selected XDS Retailer to receive your order. If we cancel your order, we will notify you and provide you with a refund for any amounts you have paid in respect of such Product(s).

11. Your rights under the Australian Consumer Law

1. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
2. Nothing in these terms and conditions operates to exclude, restrict or modify the operation of any provision of the Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth)).

12. Return policy

12.1 Change of mind return policy

1. The Change of Mind Return Policy below only applies to purchases made through our Website(s). If you have purchased one of our product(s) through a store and would like to return it, please contact our customer service team. If you wish to make a warranty claim in relation to any products, please refer to section 14 on 'Warranties' below.
2. XDS's Change of Mind Return Policy applies in addition to, and does not exclude, restrict or modify your rights under the consumer guarantee provisions of the Australian Consumer Law (see section 11 above for more information on your consumer law rights).
3. A change of mind cancellation is only available where the Product has been ordered but has not yet been collected by or delivered to the customer. Once the Product has been collected, delivered or otherwise transferred into the customer's possession, it is no longer eligible for return or refund due to change of mind. Any rights or remedies available under the Australian Consumer Law are not affected by this clause.

12.2 Returns due to error by XDS

1. In circumstances where XDS makes an error in the fulfilment of your order, you may return the Product(s) for a full refund of the purchase price and any applicable delivery charges. The 30-day time limit does not apply for returns under this clause.

12.3 Returns process

1. Returns will not be accepted without a completed Returns form. Please ensure your original Order Confirmation number is included which can be found in your Order confirmation email.
2. Returns of Product(s) other than bicycles: please ensure the Returns Form is attached or enclosed with the goods you are returning. Any merchandise that shows signs of use (wear, dirt, smell, scuffing, mounting, installation, etc.) cannot be returned under XDS's Change of Mind Return Policy. This includes any items that have been "tested out". Items for which the packaging has been destroyed are not returnable. Assuming the returned goods meet the above, XDS will begin the refund process. Nothing in this clause limits the rights you have under the Australian Consumer Law.
3. Please ensure returned goods are adequately packaged to avoid damage in transit. We strongly recommend that all returned goods are sent with a trackable & insured service. We cannot take responsibility for items that are damaged or lost in transit.
4. Returns of bicycles: for all bicycle returns, please bring your order, with proof of purchase, to your Selected XDS Retailer (the retailer who assembled and provided you with your bike via Click and Collect). For returns under our Change of Mind Policy, you may be eligible for a full refund of the purchase price (not including initial shipping and handling or destination fee charges), so long as the bicycle is in a like-new condition and undamaged.
5. Unless otherwise noted, the refund will be for the full value of the returned items. For change of mind returns, delivery fees or Click and Collect charges (if applicable) will not be refunded, subject to your rights under Australian Consumer Law. Credit for the returned items is applied to the payment method that was used to make the original purchase. Returns will be inspected by XDS within 72 hours of receipt and depending on the financial institution it may take an additional 2-10 business days before a credit is processed and visible in your account.
6. Please note: our authorised XDS retailers cannot process the refund for you with respect to purchases made on our Website(s). Refunds must be processed by XDS Head Office via the same method used for your original purchase.

13. Limits of responsibility

1. Without excluding, restricting or modifying any rights or remedies to which you may be entitled under the Australian Consumer Law (as summarised in 'Your rights under the Australian Consumer Law' above), we accept no responsibility for user-initiated damage and/or loss of parts incurred during the operation or use of product(s).

14. Warranties

1. For all manufacturer warranty claims please take your Product: (i) to your local authorised XDS retailer, for orders which were delivered directly to you; or (ii) to your Selected XDS Retailer, for orders that were Click and Collect orders. Please bring your original "Order Confirmation" email as your proof of purchase. For more information on the warranty process please see our Warranty Policy.
2. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
3. No XDS warranty, and nothing in these terms and conditions, operates to exclude, restrict or modify the operation of any provision of the Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth)), including the consumer guarantees. In some circumstances your rights under your consumer guarantees may be greater than your rights under the applicable XDS warranty, in which case XDS will always honour your rights under the consumer guarantees.