TERMS & CONDITIONS

General

All contracts and dealings between X Harmony Pty Ltd (ACN 641 685 823) and each of its subsidiaries, affiliates, associated companies, related entities, successors/parent company and assigns (‘X Harmony Inc.’, ' X HARMONY') and any person (‘Customer’) relating to any goods or services (‘Goods’ and ‘Services’) provided and supplied by X HARMONY to the Customer through the website xharmonyinc.com (‘Website’) are subject to the terms and conditions of trade set out below (‘these Terms’).

 

Cookies

We employ the use of cookies. By accessing  X HARMONY, you agreed to use cookies in agreement with the  X HARMONY 's Privacy Policy.

 

License

Unless otherwise stated,  X HARMONY and/or its licensors own the intellectual property rights for all material on  X HARMONY. All intellectual property rights are reserved. You may access this from  X HARMONY for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

- Republish material from  X HARMONY

- Sell, rent or sub-license material from  X HARMONY

- Reproduce, duplicate or copy material from  X HARMONY

- Redistribute content from  X HARMONY

- This Agreement shall begin on the date hereof.

The Customer must not remove any copyright or trademark notices from the content found on the Website.

 X HARMONY makes no representation or warranty to the Customer of any kind, express or implied that the Goods and Services will not infringe any intellectual property rights of a third party.

 

​Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

 

Your Privacy

Please read our Privacy Policy here.

 

​Terms of Sale

By placing an order for any Goods on the Website (‘Order’) the Customer is offering to purchase the Goods on and subject to these Terms. Each Order the Customer places will be a separate and binding agreement between the Customer and  X HARMONY with respect to the supply of the Goods in accordance with these Terms.

By placing an Order, the Customer is acknowledging agreement and understanding of all policies, including shipping, return and any other policies that may apply once an Order is placed. It is the responsibility of the Customer to inform themselves of any and all policies before placing an Order.

All Orders are subject to availability of the Goods and confirmation of the Order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to Australia and are intended as an estimate only and are subject to any delays resulting from postal delays or force majeure for which  X HARMONY  will not be responsible.

 X HARMONY reserves the right to accept or reject an Order for any reason at any time.

When placing an Order the Customer undertakes that all details that are provided to  X HARMONY are true and accurate, that the Customer is an authorized user of the credit or debit card used to place the Order and that there are sufficient funds to cover the cost of the Goods.

 X HARMONY reserves the right to hold an order pending credit card verification. If our merchant bank is not satisfied with the information provided, your order will also be cancelled and refunded.

Changes to items on orders, shipping addresses or names are not permitted once an order has been processed.

 

Further,  X HARMONY can refuse any amendment or cancellation of an order at any time.

 

Price

The price with respect to any Goods is specified on the Website (‘Price’). The Price is exclusive of any delivery fee (see clause 10).

Unless otherwise stated, all Prices quoted are in United States Dollars and where applicable are exclusive of goods and services tax (‘GST’). Any fees and charges (e.g. delivery fees) imposed by these Terms also exclude GST where applicable.

 X HARMONY reserves the right to change or alter the Prices of Goods on the Website without notice to the Customer.

In paying or attempting to pay for the Goods, the Customer agrees that the Customer has not engaged in any fraudulent conduct or contravened any law.

 X HARMONY will issue the Customer with a tax invoice once payment in respect of the Order has been processed.

 

​Cancellation and Refund Policy

The  X HARMONY products are covered under  X HARMONY ’s One-Year Limited Warranty against defects in materials and workmanship, but not for accidental damages.​​

  •  X HARMONY may accept returns if the Customer requests a return within 30 days from the date the order was placed (these 30-days are for examination and not free trial period). 

  • Goods must be returned in its original, undamaged and unmarked condition with its original packaging, including any accessories, manuals and documentation. 

  • Goods for return must be posted at the Customer’s expense.

  • All Goods are thoroughly inspected to ensure they are in a sellable condition prior to being sent to the Customer. All Goods come with guarantees that comply with Australian Consumer Law.

  • If the Customer discovers that a Good is faulty or damaged, the Customer must notify  X HARMONY within 30 days of purchase by contacting X HARMONY via email.

  • For Goods that are under Warranty or needs after-sales service maintenance, Customer must provide the original Warranty Card in order to do our after-sales service tracking.

  • Goods that are under warranty must subject to the warranty conditions stated at the time. Additional repair and maintenance charges for Goods that have exceeded the One-Year Warranty Period will apply according to our Repair & Maintenance Center.

  • Please note that no refund will be granted for any customised products including the bands that are adjusted upon request.

 

Damaged and Faulty Goods

All Goods are thoroughly inspected to ensure they are in a sellable condition prior to being sent to the Customer. All Goods come with guarantees that comply with Australian Consumer Law.

If the Customer discovers that a Good is faulty or damaged, the Customer must notify  X HARMONY within 30 days of purchase by contacting  X HARMONY via sales@xharmonyinc.com.

If  X HARMONY inspects the Goods and confirms that there is a fault, the Customer will be entitled to either a repair (for a minor fault) or a refund, repair or replacement (for a major fault). The Australian Consumer Law Guarantees outline the difference between the two. See here for more information.

Customers are liable for any delivery costs if the Good is found not to be faulty.

 

Delivery

Any period or date for delivery of Goods stated by  X HARMONY is intended as an estimate only and is not a contractual commitment.  X HARMONY will use its best endeavours to meet any estimate delivery dates but will not be liable for any loss or damage suffered by the Customer or any other person for failure to meet an estimated delivery date.

 X HARMONY reserves the right to amend delivery methods without notice.

 

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

 

limit or exclude our or your liability for death or personal injury;

limit or exclude our or your liability for fraud or fraudulent misrepresentation;

limit any of our or your liabilities in any way that is not permitted under applicable law; or

exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

 

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

 

Entire Agreement

These Terms constitute the entire agreement between the parties as to its subject matter and supersedes and cancels all prior agreements, understandings and negotiations in connection with it and may only be altered in writing signed by all parties.

If you have additional questions please contact us at info@xharmonyinc.com

Last Update: 24 NOV 2020