TERMS AND CONDITIONS

Xz Products Pty Ltd

1. Introduction

These terms and conditions (the “Terms and Conditions”) expressly declare and outline the rules and regulations for the use of the Xz Products Pty Ltd website (the “Website”). The Terms and Conditions are conditions precedent for the use of the Website. By accessing, using, or placing an order on the Website, you expressly accept these Terms and Conditions in full. If you do not agree to all of the terms and conditions stated on this page, you must not use the Website.

Crucial Notice: All product listings, pricing, and materials on this Website constitute an invitation to treat and do not constitute a legally binding offer by us. No contract is formed simply by you placing an order or making a payment.

2. Definitions

In these Terms and Conditions, unless the context otherwise requires:

• Business Day: A day that is not a Saturday, Sunday, or public holiday in New South Wales, Australia.

• Consumer: Has the meaning given in section 3 of the Australian Consumer Law (ACL).

• Correct Pricing: Pricing that accurately reflects the intended retail price of Goods as determined by us, excluding pricing errors (e.g., $0.00 or below cost), system malfunctions, or outdated logistical pricing.

• Customer, You, Your: The person, firm, or company placing an Order with us through the Website.

• Delivery: The transfer of possession of Goods to You or Your nominated carrier/address.

• Force Majeure Event: Any event beyond our reasonable control, including acts of God, natural disasters, strikes, telecommunications failures, or supply chain disruptions.

• Goods: The products, materials, equipment, or supplies offered for sale on the Website.

• GST: The goods and services tax imposed under the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

• Order: Your offer to purchase Goods from Us through the Website.

• Order Confirmation: The explicit written communication sent by Us confirming the dispatch of your Goods, which constitutes our acceptance of your offer.

• Unfulfillable Order: An Order that We determine cannot be fulfilled due to stock unavailability, pricing errors, system inconsistencies, suspected fraud, or extreme supply/freight cost fluctuations.

• We, Us, Our: Xz Products Pty Ltd.

3. Invitation to Treat and Contract Formation

• Invitation to Treat: All items and prices displayed on the Website are an invitation to treat. They are simply an offer to trade and are not a legally binding contract.

• The Offer: By completing the checkout process and making a payment, You are making an offer to purchase the Goods from Us.

• Acceptance: An automated receipt of your order or payment confirmation does not constitute legal acceptance of your offer. A binding contract is only formed when we issue a formal Order Confirmation or physically dispatch the Goods.

• Right of Withdrawal: We reserve the absolute right to decline, withdraw, or cancel your offer at any time prior to dispatch for any reason, including but not limited to mistaken pricing or inventory errors. If we withdraw or cancel, you will receive a full refund.

4. Orders, Pricing Errors, and Cancellations

• Absolute Discretion: We reserve the absolute right to accept or reject any Order, in whole or in part, for any reason.

• Pricing Accuracy: Despite our best efforts, Goods may occasionally be listed at incorrect Prices due to typographical errors, system malfunctions, or rapid logistical shifts.

• Unfulfillable Orders: If we determine that an Order does not reflect Correct Pricing, or if freight and supply costs have drastically changed, the Order will be deemed an Unfulfillable Order.

• Resolution of Unfulfillable Orders: We may, at our sole discretion, either:

  1. Cancel the Order immediately and provide a full refund of any amounts paid; or

  2. Contact You to offer the option of proceeding with the Order subject to a price adjustment.

• Liability limitation: By placing an Order, you acknowledge that our sole liability for a cancelled or withdrawn Order—whether due to pricing errors, stock issues, or logistics—is strictly limited to refunding the amounts paid by You.

5. Account Registration and Use

• You must provide accurate, current, and complete information during registration.

• You are responsible for maintaining the confidentiality of your account credentials.

• We reserve the right to suspend or terminate your account if we reasonably believe you have breached these Terms or engaged in fraudulent activity.

6. Pricing and Payment

• All Prices are stated in Australian Dollars (AUD) and include GST unless otherwise indicated.

• Prices displayed on the Website are subject to change without notice.

• Payment must be made in full at the time of placing Your Order. If payment is not received or cannot be verified, the Order will not be processed.

• You are responsible for any bank fees, currency conversion fees, or other charges imposed by your financial institution.

7. Delivery and Risk

• Delivery timeframes are estimates only and are not guaranteed. We are not liable for delays in Delivery caused by circumstances beyond our reasonable control.

• Risk in the Goods passes to You upon Delivery.

• Title in the Goods remains with Us until We have received payment in full for the Goods and the Goods have been dispatched.

8. Consumer Guarantees (ACCC Compliance)

Nothing in these Terms excludes, restricts, or modifies your rights under the Australian Consumer Law (ACL).

• If You are a Consumer, our Goods come with guarantees that cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

• You are also entitled to have Goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.

• To the extent permitted by law, Our liability for breach of any consumer guarantee is limited to, at Our option:

  1. For Goods: replacement, repair, or payment of the cost of replacement or repair.

  2. For Services: re-supply or payment of the cost of re-supply.

9. Limitation of Liability

Subject to Clause 8, and to the maximum extent permitted by law:

• We exclude all liability for any loss or damage, whether direct, indirect, consequential, or otherwise, arising from your use of the Website or any Goods, including loss of profits, revenue, or data.

• Our total liability to You for any claim arising from these Terms or the supply of Goods is limited strictly to the amount paid by You for the relevant Goods.

• We are not liable for any loss or damage arising from the cancellation of an order due to mistaken pricing or stock shortages, provided a full refund is issued.

10. Intellectual Property

• All Intellectual Property in the Website (text, graphics, logos, images, software) is owned by or licensed to Us.

• You must not reproduce, modify, distribute, or create derivative works from any content obtained from the Website without Our prior written consent.

11. Security and Prohibited Conduct

You must not:

• Attempt to gain unauthorized access to the Website, servers, or networks.

• Use automated systems (robots, spiders, scrapers) to access the Website.

• Attempt to manipulate or exploit pricing, security measures, or technical limitations.

• Use the Website for any fraudulent or unlawful purpose.

12. General Provisions

• Governing Law: These Terms are governed by the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales.

• Severability: If any provision of these Terms is invalid or unenforceable, that provision will be severed, and the remaining provisions will remain in full force.

• Force Majeure: We are not liable for any failure or delay in performing Our obligations under these Terms caused by a Force Majeure Event.

• Entire Agreement: These Terms constitute the entire agreement between You and Us and supersede all prior understandings.

13. Addendum: Logistics and Price Fluctuations

• Volatile Freight Costs: Due to global logistics and transportation shifts, freight and supply costs experience rapid fluctuations. You acknowledge that pricing on the Website may become outdated between the time an offer (Order) is placed and the time of fulfillment.

• Right to Refund or Adjust: If an Order is impacted by these external cost spikes or logistics fluctuations prior to the formation of a contract (dispatch), we reserve the right to cancel the Order and issue an immediate full refund without prior notice, or contact you to offer a price adjustment.