• AUSTRALIA’S MARTIAL ARTS & SPORTING GOODS WHOLESALE WEBSITE

XPRESS INTERNATIONAL WEBSITE TERMS OF USE

These terms of use (Terms) govern your use of the Xpress International Website and all related sites including but not limited to xpressintenational.com.au (the Website). Please read these Terms carefully.

BY USING THE WEBSITE YOU ARE ACCEPTING AND AGREEING TO THESE TERMS. You must not use this Website if you do not agree with these terms.

Xpress International reserves the right to change these Terms at any time, please check at regular intervals for any changes. Continued use of the Website following any change to these Terms will be deemed acceptance of those changes.

1. Ownership

The Website and all content is operated and owned by Xpress International Pty Ltd (ABN 30114960333 ), 4/1345 The Horsley Drive, Wetherill Park, Sydney 2164 Australia 

2. Pricing

All prices on the Website are displayed in Australian dollars and you will be charged in Australian dollars.The prices payable for the goods shall be listed on the purchase order and invoice when the order is made.

Pricing is subject to change without prior notice.

3.Payment Terms

Payment of invoices shall be made in full within the terms listed on the invoice. If you fail to make payment due to Xpress International on the due date for payment, then you shall pay interest on the overdue amount at the rate of 5%. Such interest will accrue on a daily basis from the due date until the date of actual payment of the overdue amount, wether before or after judgement. You shall be required to pay interest together with the overdue amount. The vendor reserves the right to charge interest on overdue accounts at the rate of 5% over the then current prime rate on the date of the invoice until receipt by the sell of the full payment.

GST

Unless otherwise stated, the prices for the goods are exclusive of Goods and Services Tax (GST).You must pay GST at the same time and in the same manner as the consideration fro the goods. Xpress  international will give you a tax invoice showing the applicable GST. You must pay GST at the same time and in the same manner as the consideration for the goods. We will give you a tax invoice showing the applicable.

4.. Orders

All orders submitted through the Website are subject to acceptance by Xpress International.

Once you submit your order, you will receive an email to confirm receipt of your order. This email confirmation does not constitute an acceptance of the order or an offer to sell products. Xpress International reserves the  right to refuse an order for any reason. XPress International reserves the right to correct inadvertent errors, omissions or inaccuracies in relation to price, product availability  and price for products ordered. If your order is rejected for any reason you will be given a full refund for any amount paid for the order. Xpress International only accepts your offer, and concludes the contract of sale for the product(s) ordered by you, when we despatch the product(s) and send an email confirming that the product(s) have been despatched to your nominated shipping address. 

Xpress International may cancel your order (included orders accepted by Xpress International) without any liability to you if any of the products in your order are unavailable, or there were any errors in price or product description on the Website at the time of placing your order, or due to technical errors in processing your order. If we cancel your order for any reason you will be given a full refund for any amount paid for the order.

5. Intellectual Property

Unless otherwise indicated, Xpress International owns all copyright of the material on the Website. All registered or unregistered trademarks used on the Website are the property of their respective owners.

All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content) on the Website is owned, controlled by, or licensed to Xpress International. Except for viewing the content for your own personal non-commercial use, Xpress International does not grant you any rights to use the Website or content for any other purpose unless it expressly consents in writing.

6. Use of Website

When you access the Website, you agree that you do so on the following conditions: You may only use the Website and the Content on the Website for personal purposes unless Xpress International provides express written consent.

You must not:

  • Access or attempt to access any part of the Website which is not designated for access by your password.(where applicable)
  • By any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any Content contained on the Website;
  • Use the Website or any Content in any way that is unlawful, illegal or breaches the rights of Xpress International or any third party;
  • Post, or transmit to the Website any abusive, obscene, threatening, defamatory, illegal or otherwise inappropriate material;
  • Do anything that imposes an unreasonable or disproportionately large load on the Website, or interferes or disrupts the Website or any network or other website connected to the Website;
  • Breach the security of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website;
  • Interfere with any other persons use or enjoyment of the Website;
  • Use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any content or any part of the content on the Website, or to reproduce or separately store or use such content;
  • Post or transmit any materials to the Website which breaches any laws relating to a person’s right to privacy or the export of personal data;

Post or transmit any materials to the Website which is incorrect or misleading;
Use the Website in any way that otherwise breaches these terms.

In addition to these terms, the Xpress International policy applies to the use of the Website and various parts of the Website are subject to other terms and conditions. You should review these other terms and conditions carefully and not use the Website if you do not agree to these other terms and conditions.

Xpress International may refuse access or edit or delete material posted by you in contravention of these conditions.

7. Third Party Websites

The Website contains links to other websites controlled by third parties (Third Party Websites).  Xpress International is not responsible for any content on Third Party Websites nor does it endorse or approve such websites. If you choose to visit these Third Party Websites you do so at your own risk and should make your own enquiries before relying on any content contained on such Third Party Websites.

Xpress International makes no representations about the quality or accuracy of material available on Third Party Websites, or that such material does not infringe the intellectual property rights of a third party.

8. Cookies

Cookies may be used on some areas of our Website. A cookie is a small file placed on a user’s hard drive which tracks website navigation. For example, a cookie can be used to store registration information so that a user does not need to re-enter it on subsequent visits. If you are concerned about cookies, most browsers have an option which permits users to refuse a cookie. A user can refuse a cookie and still fully navigate our website. In order to collect statistics we may anonymously log information, and identify categories of users by items such as domains and browser types.

9. Information and services at the site

Xpress International updates the Website regularly, however, Xpress International makes no representation as to the accuracy, currency or completeness of any information or services at the Website. All information and services are provided on the basis that you undertake the responsibility for assessing at your own risk.

All information and services at the Website are provided on an “as is” basis. To the fullest extent permitted by the applicable law, Xpress International excludes all terms, conditions and representations express or implied.

10. Indemnity

Xpress International is not liable for any damages whatsoever including any special indirect or consequential damages resulting from loss of use of data or profits, whether in an action in contract, negligence or other tort, arising out of or in connection with access to this Site or the information contained in it. Xpress International does not warrant that the Website will be uninterrupted or error free.

You should seek independent advice before acting on any material or information contained in this Website of any link to a third party web site and you must not provide any warranties to third parties in relation to the contents or performance of the Website.

11. Limitation of Liability

Xpress International does not warrant or guarantee:

  • the accuracy or completeness of any information available on the Website;
  • that access to the Website will be uninterrupted or error free;
  • that any defects will be corrected immediately; or
  • that the Website will be free from viruses or other contamination.

Except where prohibited by law, Xpress International will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the Website, including use of any information on it. You use the internet and the Website at your own risk.

12. Termination of Use

You may stop using the Website at any time for any reason.

Xpress International reserves the right in its absolute discretion to suspend or terminate at any time the access to the Website of any user without notice for any reason, including but not limited to a breach of these Terms. The suspension or termination shall not affect either party’s rights or liabilities.

Xpress International may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Website is in breach of these Terms, or is in breach of law or other regulation. Xpress international reserves its right to identify or bring legal action against any person who is breaching these terms, including obtaining injunctive relief.

13. Variation to Terms

Xpress International may vary these terms at any time, and by continuing to use the Website you consent to any variations. Xpress International will not notify of these variations and it is your responsibility to regularly check these terms for any variations.

14. Security

When using websites, the internet or third party networks or facilities, you are using networks, facilities and services that are beyond the control of Xpress International. You assume all risk and liability of your use of the Website, the internet, or any such third party networks, including access to the Website via such media. Xpress International recommends users review each website’s privacy statement before disclosing any personally identifiable information.

15. Outages

Xpress International reserves the right to cease, interrupt or withdraw your access to the Website for any reason, including without limitation, for upgrades and maintenance of the site.

16. Severability

If any provision of these terms is found to be invalid or unenforceable by a court of law, it may be severed and will not affect the remainder of the agreement, which will continue in full force and effect and these terms will be deemed amended to replace, to the extent legally permitted, the rights and obligations contained in the invalid, illegal, or unenforceable provision. The invalidity, illegality, or unenforceability of any provision of these Terms will not constitute failure of consideration.

17. Governing Law

These terms are governed by the Laws of New South Wales in Australia, and any dispute in relation to these terms or your access or use of the website will be the exclusive jurisdiction of the Courts of New South Wales.

You are responsible for compliance with all laws and regulations applicable to your location.

18. Miscellaneous

If any of these terms are unenforceable or held to be invalid, the offending provision/s will be removed from these terms and the amended terms will remain in force.

Any failure by Xpress International to act or enforce these Terms immediately will not be considered a waiver of Xpress International right to take any such action.

CREDIT TERMS AND CONDITIONS

 The Terms and Conditions of trading shall apply to brands distributed by Xpress International Pty Ltd.

1.No account will be considered until a completed Application of trading account form has been received, assessed and approved by Xpress International Pty Ltd. 

2.All accounts/customers will operate on a strictly nett 30 day basis. Goods will not be supplied to any
accounts withoutstanding balances exceeding 60 days and credit facilities may be permanently removed.

3.GST applies to all goods.

4.Claims will only be recognised within 7 days of invoice date relating to faulty or imperfect goods, before resale. All claims must be advised in writing to Xpress International. Xpress International (and its agents) will determine the legitimacy of any claims and on approved claims will have sole discretion whether to repair, replace or credit good sunder warranty.

5.No goods shall be returned without the prior consent of Xpress International . Goods that are to be returned shall be at the buyer’s expense and must be accompanied by an itemised credit claim form. The Returns Number, reason for the return of goods, proof of customer purchase date and the original invoice number must accompany the goods returned.

6.Freight will be charged on all invoices. 

7. Xpress International reserves the right to change prices and Conditions of Trading without notice, the latest Terms and Conditions will appear on the reverse side of invoices shall prevail over all others in the instance of any differences.

8.All specials are invoiced at “nett” prices with no further discounts applicable.

9.Xpress International reserves the right to charge interest on any overdue account exceeding 60 days. Such interest will be charged at a rate of 5% on a daily basis until the account is paid.

10.  Reservation of Title: The ownership of the goods (“the goods”) delivered by to the customer is only Xpress International transferred to the customer when he has paid all sums to Xpress International, whether under this or anyother contract, and until such time Xpress International has the right to call or recover the goods (for which purpose Xpress International may enter the customer’s premises by its servants or agents) and the customer is under an obligation to deliver up the goods to Xpress International.

Where Xpress International has not been paid pursuant to this agreement or any terms of payment in force between the parties and Xpress International delivers the goods to the customer in accordance with this provision, the customer agrees to keep the goods in a fiduciary capacity for Xpress International and the customer agrees with Xpress International to store the goods in a manner that clearly shows ownership by Xpress International .

Not withstanding the provisions of the two proceeding clauses, the customer may sell the goods to a third party provided that:

where the customer is paid by the third party and Xpress International has not been paid by the customer for the goods pursuant to the agreement or any other terms of payment in force between the parties, the customer holds the whole of the proceeds on trust for Xpress International, and

where the customer is not paid by the third party and Xpress International has not been paid by the customer for the goods pursuant to this agreement or any other terms of payment in force between the parties, the customer agrees to the option of Xpress International  to assign his claim against the party to Xpress International upon Xpress International giving the customer notice in writing to that effect.

The parties agree that these provisions apply not withstanding any agreement, whether subject to this agreement or not between the parties under which Xpress International gives the customer credit.

11.  Right of Entry:Pursuant to the Reservation of Title the account/customer will not restrict Xpress International, its servants or agents, from Right of Entry to recover such goods covered under the Reservation of Title.

13.  ALL GOODS REMAIN THE PROPERTY OF XPRESS INTERNATIONAL UNTIL FULL PAYMENT RECEIVED.

 



Last updated July 2016