Terms & Conditions

01 Introduction

These Terms & Conditions govern the use of the XWears website and the provision of our custom manufacturing services, including quotation requests, sample development, bulk production, payments, delivery and related transactions.

By accepting a quotation, placing an order, approving an invoice or making payment, the customer agrees to the applicable Terms & Conditions made available before or at the time of agreement.

Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, including applicable Australian Consumer Law rights.

02 Custom Manufacturing Services

XWears specialises in made-to-order apparel and accessory manufacturing according to customer-approved specifications.

Our services may include:

• Custom sportswear and activewear manufacturing.
• Streetwear, workwear and uniform production.
• Medical scrubs and teamwear manufacturing.
• Custom bags and accessories.
• Pattern development and size specifications.
• Fabric and material selection.
• Embroidery, sublimation and printing.
• Private label manufacturing.
• Custom labels, swing tags and packaging.
• Physical sample development and bulk production.

Products are manufactured according to the final agreed specifications. Features not included in those specifications are not automatically part of the order.

03 Minimum Order Quantity

Our standard minimum order quantity starts from 25 units per style and colour, unless otherwise agreed in writing.

Certain specialised products, materials, custom accessories or manufacturing processes may require higher minimum quantities.

Physical sample orders may be accepted separately from bulk manufacturing orders.

04 Quotations & Pricing

All quotations are prepared using the information available at the time they are issued.

Pricing may depend on:

• Product type and construction complexity.
• Fabric composition and material availability.
• Quantity and size range.
• Printing and embroidery requirements.
• Custom labels, tags and packaging.
• Specialised materials or hardware.
• Shipping and delivery requirements.
• Applicable taxes, duties and agreed charges.

Unless otherwise stated, quotations remain valid for 14 calendar days.

An order is confirmed when the quotation is accepted and the required payment is received.

If specifications change after quotation, XWears may provide updated pricing for customer approval before proceeding.

Additional charges will not be imposed without the customer's approval unless expressly authorised by the original agreement.

05 Sample Development & Sample Costs

5.1 Physical Sample Development

XWears generally recommends physical sample development before bulk manufacturing.

A sample allows customers to review the intended product's fit, fabric, construction, dimensions, colours, branding and appearance.

5.2 Sample Pricing

Sample manufacturing is a paid service. Sample costs depend on the product, design complexity, customisation, materials, printing, embroidery and development requirements.

The applicable sample price will be confirmed before payment.

Unless otherwise agreed, sample fees are separate from bulk manufacturing charges.

5.3 Standard Sample Timeframe

Our normal estimated sample manufacturing timeframe is approximately 3–4 weeks.

The timeframe generally begins after payment has cleared, final specifications have been provided and the customer has approved the information required to commence manufacturing.

The estimated timeframe is not a guaranteed completion date unless expressly agreed otherwise in writing.

5.4 Exceptional Delays

Manufacturing may occasionally be affected by material shortages, technical development, equipment failures, specialised component availability or unexpected production disruptions.

XWears will take reasonable steps to minimise delays and communicate material changes to the expected timeframe.

5.5 Two-Month Sample Delay Refund Guarantee

The guarantee applies to delays in completing the agreed physical sample.

Customer-requested design changes or additional development work may require an agreed revised timeframe.

XWears will not retrospectively extend the deadline without a legitimate reason and appropriate communication.

Eligible refunds under this guarantee will normally be processed within 10 business days, subject to payment provider processing times.

This guarantee does not limit any earlier or broader statutory remedy available under applicable law.

5.6 Sample Shipping

Unless otherwise agreed, sample shipping is separate from the manufacturing timeframe. Additional courier transit time may apply.

5.7 Customer-Requested Changes

Changes requested after sample approval may require additional manufacturing time and costs.

Any additional charges or revised deadlines will be communicated for approval before changed work proceeds.

5.8 Sample Approval

Customers should carefully inspect the physical sample before approving bulk manufacturing.

Written approval may be provided through email, WhatsApp or another agreed channel.

Bulk manufacturing will follow the approved sample and final documented specifications, subject to reasonable manufacturing tolerances and applicable consumer guarantees.

06 Design, Artwork & Specification Approval

Customers are responsible for reviewing and confirming the accuracy of the information they supply or approve.

• Logos and artwork.
• Colours and colour references.
• Measurements and size charts.
• Printing and embroidery placement.
• Names, numbers and spelling.
• Labels and packaging artwork.
• Materials and construction requirements.

Once manufacturing begins, changes may require additional time or cost.

XWears is not responsible for an error accurately reproduced from customer-approved information, except where responsibility arises under applicable law.

07 Mockups, Reference Images & Digital Designs

Digital mockups, AI-generated concepts, photographs and reference images may be used to communicate the intended appearance of a product.

Such images may not fully represent physical manufacturing construction, stitching, material behaviour, colour appearance or technical feasibility.

Final manufacturing specifications must be agreed before production.

Where technical adjustments are required, XWears may recommend suitable changes. Material changes to the approved design require customer agreement.

08 Bulk Manufacturing Orders

Bulk manufacturing begins after applicable requirements have been satisfied, including sample approval where required, confirmation of final specifications and receipt of the agreed payment.

Our typical estimated bulk manufacturing timeframe is approximately 3–4 weeks, depending on product type and quantity.

Complex garments, specialised fabrics, custom accessories or large orders may require longer production periods.

Customers must disclose any essential delivery deadline before order acceptance.

A specific deadline is binding only where expressly agreed in writing, subject to applicable law.

09 Payments & Outstanding Balances

Payment terms will be specified in the relevant quotation or invoice.

Unless otherwise agreed, XWears may require advance payment or a deposit before commencing manufacturing.

Where an agreed balance is payable before dispatch, XWears may withhold dispatch until payment has been received, subject to applicable law.

Customers should use only payment instructions confirmed directly by XWears.

Any unexpected changes to banking details should be independently verified before payment.

10 Custom Order Cancellations

Because custom products are manufactured specifically according to customer requirements, cancellation after production begins may involve costs for work already completed, materials ordered and reasonable non-recoverable expenses.

If cancellation is requested before manufacturing begins, XWears will review the order stage and any properly incurred costs.

Where manufacturing has commenced, any refund or retained amount will be assessed reasonably according to completed work, recoverable costs, the agreed terms and applicable law.

Custom-made products are not automatically eligible for cancellation simply because a customer changes their mind.

This section does not restrict any statutory right to cancellation, refund or another remedy.

The two-month sample delay refund guarantee remains applicable independently of this section.

11 Manufacturing Tolerances & Variations

Custom textile and accessory manufacturing may involve minor variations arising from fabric behaviour, cutting, stitching, printing, dyeing and finishing processes.

Reasonable variations may include:

• Dimensions within agreed tolerances.
• Fabric appearance or texture.
• Minor print positioning differences.
• Minor embroidery positioning differences.
• Colour appearance across materials.
• Finishing details.

Where specific tolerances are essential, they should be agreed in writing before manufacturing.

Significant departures from approved specifications, unacceptable defects or failures to meet applicable consumer guarantees are not considered acceptable manufacturing tolerances.

12 Fabrics, Materials & Colour Matching

XWears will use the agreed materials and specifications for the order.

If an agreed material becomes unavailable, XWears will seek approval before using a materially different substitute.

Digital colours may appear different depending on screens, lighting and image processing.

Customers requiring precise colour matching should provide suitable colour references and discuss physical swatches or strike-offs.

Exact matching between different fabric compositions or manufacturing processes may not always be technically achievable.

13 Quality Control & Defective Products

XWears aims to supply products that conform to approved specifications and applicable quality requirements.

Customers who believe an item is defective or materially different from the approved order should contact us with:

• Order or invoice reference.
• Description of the issue.
• Photographs or video where available.
• Quantity of affected items.
• Relevant measurements or evidence.

We encourage customers to report issues promptly, preferably within 14 days of delivery, to support efficient investigation.

Where a problem is confirmed, XWears will provide an appropriate remedy according to the circumstances and applicable law, which may include repair, replacement or refund.

14 Shipping, Delivery & Transit

Delivery estimates depend on manufacturing completion, dispatch arrangements, courier services, customs processing and destination.

XWears may use third-party freight and courier providers.

Customers must provide accurate delivery information and promptly notify XWears of relevant changes.

Reasonable additional costs caused by incorrect customer-supplied delivery information may be payable by the customer.

XWears will assist with reasonable enquiries concerning delayed, missing or damaged shipments.

Responsibility for loss, damage and delivery failures will be determined according to the agreed shipping terms and applicable law.

15 International Manufacturing & Supply Chain

XWears is an Australian custom manufacturing business and may use overseas manufacturing facilities, production partners and material suppliers.

Some products may be manufactured internationally and dispatched or distributed through Australian arrangements.

Manufacturing location may vary according to the product and production requirements.

XWears remains responsible for fulfilling its contractual obligations and applicable legal responsibilities.

16 Customer-Supplied Intellectual Property

Customers must have the necessary rights or permission to use any logos, artwork, trademarks, graphics, photographs or designs they provide.

Customers must not knowingly submit material that infringes another party's intellectual property rights.

XWears may decline or suspend production where reasonable concerns exist regarding unauthorised use.

Customers retain ownership of their pre-existing intellectual property.

Manufacturing products featuring a customer's logo does not transfer ownership of that logo to XWears.

Ownership of separately commissioned artwork, technical patterns or design development should be documented in writing.

17 Confidentiality & Customer Designs

XWears recognises that customer designs, unreleased collections, technical specifications and brand materials may be commercially sensitive.

We will take reasonable measures to protect confidential customer information and use it for legitimate order-related purposes.

Information may be shared with relevant manufacturing partners, employees, contractors or service providers where reasonably necessary to fulfil the order, subject to appropriate confidentiality arrangements.

XWears will not intentionally publish confidential, unreleased customer designs without authorisation, except where disclosure is legally required.

18 Communication & Production Updates

XWears may communicate with customers through email, telephone, WhatsApp or other agreed channels.

Written approvals, quotation confirmations, invoice acknowledgements and production instructions may form part of the order record.

Customers should provide timely responses where approval or information is required.

Delays caused by missing information or approvals may affect the relevant manufacturing stage.

XWears will endeavour to provide reasonable updates, particularly where a material production delay occurs.

19 Customer Conduct & Professional Communication

XWears expects respectful and professional communication from its team and customers.

Genuine complaints, quality concerns and reasonable information requests will be considered appropriately.

Threatening, abusive or harassing conduct may result in communications being managed through a designated representative or written channel.

XWears may decline future business where there is a legitimate commercial reason, while respecting existing contractual obligations and applicable legal rights.

Customers remain entitled to raise genuine complaints, contact payment providers and exercise statutory rights.

20 Limitation of Liability

To the maximum extent permitted by law, XWears is not responsible for losses that are remote, unforeseeable or not legally recoverable.

Nothing in these Terms excludes or limits liability where doing so would be unlawful, including applicable Australian Consumer Law guarantees.

Any limitation applying to a particular commercial order must be reasonable, lawful and consistent with the transaction.

21 Events Beyond Reasonable Control

XWears may experience events beyond its reasonable control, including natural disasters, significant transport disruptions, government restrictions, supplier failures or extraordinary events.

Where such events materially affect an order, XWears will notify the customer where reasonably practicable and take appropriate steps to minimise disruption.

The parties may discuss revised timelines, alternative arrangements or cancellation where appropriate.

This section does not automatically remove obligations to provide refunds or remedies required by law or expressly promised under these Terms.

22 Website Information

Website information is provided for general product and service guidance.

Product availability, fabric options, pricing, manufacturing methods and estimated timeframes may change.

Individual quotations and written order confirmations take precedence over general website descriptions where they specifically address the relevant order.

XWears endeavours to maintain accurate and up-to-date website information.

23 Disputes & Complaints

Customers should contact XWears directly regarding order concerns, manufacturing issues, refunds or complaints.

Please provide the order reference and a clear explanation of the issue.

XWears will review complaints in good faith and aim to provide an initial response within five business days.

Where further investigation is required, we will explain the next steps and provide reasonable updates.

Both parties agree to make reasonable efforts to resolve disputes through direct communication where appropriate.

This does not prevent either party from exercising rights under applicable law or contacting a consumer protection authority.

24 Governing Law

These Terms & Conditions are governed by the laws applicable in South Australia and the Commonwealth of Australia.

Nothing in this clause prevents customers from exercising rights or bringing proceedings in another jurisdiction where permitted or required by applicable law.

25 Changes to These Terms

XWears may update these Terms & Conditions from time to time.

Updated terms will be published on our website with the relevant effective date.

Changes will generally apply to new orders placed after the updated terms take effect.

Existing confirmed orders will not be retrospectively altered without agreement or another lawful basis.

26 Contact Information

For quotations, sample enquiries, bulk orders, production updates, refund requests or complaints, please contact XWears.

XWears — Custom Apparel & Accessories Manufacturer

Website: https://xwears.com.au

Email: info@xwears.com.au

Phone & WhatsApp: +61 425 403 332

Service Area: Sydney, Melbourne, Brisbane, Adelaide, Perth and Australia-wide.

Your rights under the Australian Consumer Law are not limited by this guarantee or these Terms & Conditions.