Terms of service

Last updated June 6, 2024

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. All e-Gift Card purchases are considered FINAL SALE.

Terms & Conditions

All sale items are considered FINAL SALE and cannot be returned or exchanged with the exception of sale items purchased during Black Friday Cyber Monday (the last Wednesday of each November thru to the following Monday each year).

All returns are handled on a case-by-case basis and ultimately at SAXX’s discretion, including determining whether an item is unworn and unwashed, with the intent of providing the best experience to our customers.

Potential fraud or abuse of SAXX policies, including excessive or unreasonable returns, may result in the rejection of future transactions or returns.

SAXX reserves the right to change the First Pair Guarantee, Return and Warranty policy without notice to its customers and will not be held responsible for any loss or damage suffered as a result of such changes. Other exceptions may apply.

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:

The name on the credit card does not match the billing address provided.
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

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.
Charges for shipping and duties/import taxes are not included in the price, please check your shopping cart prior to checking out.
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.
Sales Tax and shipping will be itemized in your shopping cart and on your order confirmation email.
SAXX reserves the right to change prices of products offered on the Site at any time, without prior notice.
For North American customers: orders shipping in Canada will be charged in Canadian dollars. Orders shipping in USA will be charged in US dollars.
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.
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.

Price Match

A price match may be requested within 14 days of original purchase. For an item to be valid for a price match, the following conditions must apply:

Item needs to be available in the same size, style and colour at the point of the price match request.
Only applicable to full price items. Further discounts will not be applicable if a price match has already occurred.

An approved price match will render items final sale.

Please note, price matching will occur at the discretion of SAXX. We reserve the right to modify or amend this policy at any time, at SAXXs’ discretion.

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.

First Pair Guarantee Policy

SAXX provides a comfort guarantee on your first purchase of underwear only. If you are not satisfied with your product for any reason, we will make it right. After 30 days from purchase, this policy no longer applies.

The First Pair Guarantee applies to your first single pair of underwear purchased directly from SAXX or a SAXX authorized retailer. Apparel with underwear-like liners and multi-packs of underwear are excluded. Proof of purchase is required

Please see The First Pair Guarantee Policy for full details.

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 warranty on products purchased directly from SAXX or from a SAXX authorized retailer within one year of purchase. Items can only be exchanged and not refunded.

If your warranty claim is accepted, we'll share next steps with you.

To make sure we have the information we need to support your request, please email info@saxxunderwear.com and fill out our warranty form:

Provide detailed descriptions of the quality issue(s) and photos of the item.
Have your photos ready and saved in JPEG format.
Make sure you have your order number or in-store receipt handy.

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.

Mobile Terms of Service

The SAXX mobile message service (the "Service") is operated by SAXX Underwear Co LTD. ("SAXX", "we", or "us"). Your use of the Service constitutes your agreement to these terms and conditions ("Mobile Terms"). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to SAXX's SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of SAXX through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with SAXX. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to 21567 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other SAXX mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to 21567 or email info@saxxunderwear.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.

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