Terms & Conditions

Last updated May 2021

TERMS OF USE

SAXX Underwear ("SAXX") operates online through the websites www.saxxunderwear.com and www.saxxunderwear.ca ("the Site"). Use of the Site is regulated by the terms and conditions that appear below and as outlined in our Privacy Notice and Cookie Notice. These terms and conditions can be modified at any given time by SAXX.

In using the Site, you are acknowledging to have read and understood these terms of use in full. Should you not want to be bound by these terms of use, please do not use the Site.

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
68 West 5th Avenue
Vancouver, BC
V5Y 1H6

or email: info@saxxunderwear.com

GENERAL CONDITIONS OF SALE

The following terms are applicable to purchases made through the Site for products available through the Site. From time to time, SAXX may change or alter these terms which will be applicable to orders placed on or after the effective date stated by SAXX. By placing an order, you agree to be bound by and accept these terms.

Placing an Order

To be able to place an order you must be the owner or authorized holder of a valid payment card, 18 years of age or older, and not barred from using the Site under applicable laws.

If you choose to create an account, you will be asked to create a personal user identification (your username) and password. It is important that you always keep your password protected and do not disclose it to anyone else as you are personally responsible for each purchase made using your user identification and password.

If you receive confirmation of an order via email from the Site, this 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 customer 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.

Once SAXX has received your order, we will send you an order confirmation via email with your order number and details of the items that you have ordered. We will continue to communicate electronically with you via email regarding the shipping status of your purchase. You agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.

Please allow at least 1-2 business days for order processing before your order is shipped. Handling times may increase during peak seasons.

For shipping, please allow at least the following business days for transit:

North America:

Standard - 5-7 business days
Express - 2-3 business days

International

By placing an order on our site, you acknowledge it is your responsibility to comply with your local authorities import restrictions and laws.

Standard: Standard shipping is not available to all countries. Click here for a guide to international services. Transit times will vary from country to country. The delivery time of your package may be affected by customs clearance.

Express: Express Shipping is not available to all countries. Transit times will vary from country to country. Click here for a guide to international services. The delivery time of your package may be affected by customs clearance.

Delivery times do not include Saturday, Sunday, or Holidays.

Change or Cancel Order

As we aim to ship your order as quickly as possible, we regret that it is usually not possible for us to handle change or cancel requests once an order has been submitted. Please ensure that you have verified your order details prior to submission, especially the billing and shipping address. SAXX can be contacted during business hours but if we are unable to facilitate an order change or cancellation request, you may process a return under our Comfort Guarantee policy.

Payment

Payment will be made by a payment method approved by SAXX, or by PayPal. Approved payment methods are listed at check out. Your payment method will not be accepted under the following conditions:

  1. The name on the credit card does not match the billing address provided.
  2. The billing address given does not match the bank records.

The Order confirmation email that is sent to you after checkout is the proof of purchase and we highly recommend that you save a copy of that document for future reference.

SAXX must receive payment in full for the order before the order can be shipped.

Pricing & Taxes

  1. The price charged for each item that is ordered will be the price that is in effect at the time the order is placed on the Site.
  2. Charges for shipping and duties/import taxes are not included in the price, please check your shopping cart prior to checking out.
  3. SAXX will charge sales tax where required to do so by law. The required charges will be calculated upon the order total and displayed in your order confirmation.
  4. Sales Tax and shipping will be itemized in your shopping cart and on your order confirmation email.
  5. SAXX reserves the right to change prices of products offered on the Site at any time, without prior notice.
  6. For North American customers: orders shipping in Canada will be charged in Canadian dollars. Orders shipping in USA will be charged in US dollars.
  7. For International customers: payment on orders shipping outside of North America is collected in the currency selected by you when you begin your transaction. This is calculated on a US dollar base amount. For the purposes of international shipping paperwork, the base amount declared on the commercial invoice will be indicated in US Dollars.
  8. For International customers: your country’s customs office may charge you import duties and taxes on the US Dollar base amount. The fees incurred for customs clearance are the sole responsibility of the recipient of the parcel and will be charged upon arrival. SAXX has no control over these charges.

Shipping

SAXX will deliver the products ordered by you to the shipping address that you transmit at the time of your order. If the shipping address on the order is incorrect, SAXX will not be held liable. Please ensure that you check that the shipping address is correct prior to submitting your order.

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 sales taxes and delivery fees are assessed the moment the orders are submitted and accepted on the SAXX site. If a product becomes unavailable after the order has been submitted and accepted, a credit for that product will be issued back to the original method of payment.

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

If an order cannot be delivered and is returned to SAXX undelivered, we consider that you have exercised your right to cancel the contract. We will refund you in accordance with our return policy when an undelivered package is returned.

SAXX shall not be held responsible for delay or failure to perform if the delay or failure is caused by any circumstances beyond its reasonable control including but not limited to acts of war or terror, strikes, national or local states of emergency, failure of transportation facilities, power or utility outages, earthquakes, or other natural disasters.

Delivery of products is subject to the rules of the delivery companies with which SAXX does business, at this time, Canada Post, Purolator, 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 signature be required and you are 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.

If the contents of an order that you received does not match the items that you ordered, or if your order is incomplete, please contact our customer service team within 48 hours of receipt on 1-844-877-7299 (English & French language services available) or email info@saxxunderwear.com.

Comfort Guarantee Policy

We want you to experience the comfort and performance SAXX has to offer. You can read all the reviews, but we know sometimes you need to try it before you buy it. The Comfort Guarantee policy applies to any SAXX product purchased directly from SAXX (with the exception of FINAL SALE product which is indicated on our website at time of purchase which cannot be returned or exchanged) or from a SAXX authorized dealer.

For customers outside of North America, SAXX will provide a refund within forty-five (45) calendar days for purchases directly from the SAXX website. For customers outside of North America purchasing product from a SAXX authorized dealer, SAXX will provide an exchange in the form of a coupon code equaling the value paid for product(s) converted into US dollars to be used on the SAXX International website.

Proof of purchase is required. If you are not satisfied with your product for any reason, SAXX will provide a full refund within forty-five (45) calendar days of purchase.

All shipping costs, duties/import taxes and any other associated fees such as exchange and transaction fees, on the original purchase, including fees incurred for returns, are non-refundable. After 45 calendar days from purchase, this policy no longer applies.

Unless prohibited by applicable law, the Comfort Guarantee does not apply to products purchased from unauthorized sellers, including unauthorized websites. We can’t attest the SAXX products sold by these sellers are authentic because we cannot control the quality of our products when they are sold by sellers that have no relationship with us.

Full details on how to take advantage of the Comfort Guarantee may be found HERE.

For USA and Canada orders: You may be required to return your order to a SAXX handling center in order to receive credit. If you are asked to return products to a SAXX handling center, a SAXX agent will email you an electronic return shipping label in PDF format from an authorized carrier. You are responsible for printing the electronic return shipping label provided to you via email and affixing it to the parcel prior to shipping. Only electronic return shipping labels will be provided to you. Please note that the return labels provided are valid for 7 days and must be used within that timeframe. The package must be delivered by you to the carrier advised to you by SAXX customer service agent.

SAXX will only assume the delivery charges and the risks of loss and damage when the return shipping label provided by SAXX is applied. If you return product to SAXX via any method other than using the SAXX-issued return shipping label, you shall assume the delivery charges and the legal risks for products returned.

For International orders: You are responsible for return shipping fees. All returns should be sent via a traceable postal carrier. SAXX will not accept responsibility for packages that are not received if sent via a non-traceable carrier. A SAXX agent will provide you with the return address, which is in Canada, and a return authorization number. It is important that the return authorization number is clearly marked on the outside of the package to avoid processing delays.

Once returned items have been received and validated, a SAXX agent will confirm to you by email. For all returns, the following requirements must be met:

  • Original tags and packaging to be attached.
  • Where possible, please use the original delivery packaging or ensure the items are packed securely.
  • The return reference number must be clearly visible on the outside of the packaging.

If your return is accepted and your purchase was made on the website, any amount debited from your method of payment with regard to the product will be credited. All shipping costs, duties/import taxes and any other associate fees such as exchange and transaction fees, on the original purchase, including fees incurred for returns, are not refundable.

For our International customers, we collect and refund payment on orders shipping outside of North America in the currency selected by you when you begin your transaction. SAXX is not involved in this exchange process.

Please allow at least 7 business days from when the goods are received at the SAXX handling center for refunds to be processed. If you have made a purchase through a combination of a gift card and using a method of payment, refunds will first be applied to the gift card before being applied to the method of payment.

Any discrepancies on the receipt will result in additional contact from a SAXX agent and create delays in processing the refund. SAXX reserves the right to reject a return and decline to refund, subject to applicable law, under the following circumstances:

  • That the items received were not in their original condition/packaging.
  • That the items received were received without proper or secure transportation packaging.
  • That you returned products that you were not entitled to return.
  • That items were missing from the return.
  • That you did not follow the return instructions.
  • That you otherwise failed to exercise reasonable care when returning items.

If you have any questions please contact us on 1-844-877-7299 (English & French language services available) or email info@saxxunderwear.com to discuss with an agent.

Warranty Policy

SAXX offers a one-year manufacturer’s limited warranty on products purchased on the Site and through authorized third-party sellers.

Warranty requests must be communicated to SAXX within one-year of the original purchase. If the issue is communicated outside of the one-year window then this policy no longer applies.

For all warranty requests, we require that you contact us before sending anything back. All claims must be accompanied by proof of purchase (invoice or receipt). Full details on how to take advantage of the Warranty may be found HERE.

If a product is determined by SAXX to be defective, SAXX will work to find a reasonable resolution for you. The reasonable determination of whether the product is defective shall be made by SAXX in its sole discretion with consideration given to the overall wear of the product.

Items can only be exchanged, not refunded, and you are responsible for shipping costs and import duties/taxes.

Please note: This policy does not apply to products that have been damaged by misuse, accident, modification, repair, or purchased from an unauthorized seller. This policy can only be used once per product, and is not applicable to replacement products offered through previous warranty claims.

Inventory

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.

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 and refund your original method of payment the value paid for the product that is not available due to insufficient inventory.

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

Responsibility

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. 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.

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, for example 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.

Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for you, including logging into a server or account which you are 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 you are 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 anyone who is involved in such violations.

Trademarks, logos, photos

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 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.

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.

Contacting Us

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

SAXX Underwear Co. Ltd.
Attn: Website Policy Officer
68 West 5th Avenue
Vancouver, BC
V5Y 1H6

or email: info@saxxunderwear.com