Returns Policy

1. Introduction

This Returns Policy (Returns Policy) applies to all purchases from us. This Returns Policy is incorporated by reference into our Terms and Conditions (Terms) and any capitalised terms not defined in this Returns Policy are defined in the Terms. You agree to comply with all Terms when accessing or using our Services, including this Returns Policy.

2. Third Party Purchases

This Returns Policy applies to all purchases from our website or stores and not to products purchased from any third party seller or stockist (Third Party Seller). As such, any purchases made from a Third Party Seller will not be governed by this Returns Policy as it is a separate entity. You acknowledge and agree that we are not directly involved in any such transaction between yourself and a Third Party Seller and agree that you will direct all queries and claims to the Third Party Seller directly.

 

3. Change of Mind Returns

If, for any reason, you are not satisfied with your purchase from us, we accept change of mind returns for a refund, store credit or exchange (at our discretion), provided that:

(a) you comply and have complied with with all of our Terms;
(b) the request is made by our returns portal;
(c) the request made within 30 days of purchase;
(d) that you provide your Order number and satisfactory proof of purchase (such as the confirmation email or original tax invoice);
(e) that you agree to comply with all steps to process the return as advised by us, including bearing the cost of shipping the Goods to us;
(f) the Goods were purchased at full price (which includes items purchased with a discount code or temporary promotion);
(g) the Goods were not marked as ‘final sale’ (unless faulty) at the time of placing the Order (meaning that they are not to be discounted further); and
(h) the Goods are in saleable condition (that is, the Good is unwashed, unworn and unused, with all original packaging or tags attached and where the products seal is not broken or tampered).

4. Faulty Goods

In the unlikely event that the Goods are faulty, damaged or broken, please initiate the return through our returns portal within a reasonable time of your purchase with the following details:

(a) select ‘DAMAGED’ as the reason for the return;
(b) provide the correct Order number;
(c) submit two photos of the faulty Goods and a description of the fault(s); and
(d) proof of purchase in the form of your confirmation email or original tax invoice must accompany your request.

We reserve the right to require you to post the faulty Good to us for assessment as a faulty good (at your cost initially, with this cost being reimbursed to you if the Good is deemed to be faulty by us upon assessment).

We can assist you with a replacement, repair, refund or store credit, provided that upon assessment by us:

(a) the Good is considered damaged, broken or faulty or in breach of Australian Consumer Law; or
(b) the Good varies significantly to the description and/or images on the Sites; or
(c) the Good delivered is not the item that was ordered; or
(d) the Good is otherwise in breach of Australian Consumer Law.

If you were informed that the items were faulty at the time of the purchase, you will not be eligible to a return for the disclosed fault.

We reserve the right not to accept a return where the fault occurs due to a customers misuse, neglect or reasonable wear and tear. To the maximum extent permitted by law, we will not be liable for any defect or damage to the Goods which may be caused or partly caused by or arise as a result of:

(a) your failure to properly maintain or store the Goods;
(b) your use of the Goods for any purpose other than that for which they were designed;
(c) your failure to follow any instructions or guidelines provided by us, including any care instructions; or
(d) fair wear and tear, any accident, or act of God.

 

5. Returns Process

Except in the case of returns of Faulty Goods, original shipping charges are non-refundable and shipping charges for change of mind returns are your responsibility. Return for refunds cost $11.95 unless otherwise specified by us in writing.

We may provide you with a return label to be affixed to the returns package which may cover the shipping charges for the return (Return Label). If you choose not to use the Return Label or choose not to use the courier nominated by us, any shipping fees incurred as a result are your responsibility.

You acknowledge and agree that we will not be liable for missing deliveries of returned Goods. We encourage you to return your Goods via registered or traceable postal services as return parcels remain your responsibility until received by us. Returned items must be sent by a prepaid method of shipping.

Should your return not meet our return guidelines in this Return Policy, you acknowledge and agree that we will not be responsible for return shipping fees and duties to ship the unaccepted goods. If you would like to have your package returned, all return shipping and fees will be your responsibility.

For all international returns, we suggest you use your country's national postal service as it will usually offer the most cost-effective option for returning your products. If you need more advice on how best to ship your return from your country, please contact info@niptuckswim.com.

 

6. Replacements and Exchanges

Please note that we may not be able to offer a replacement or exchange on some Goods if there is no longer stock available.

 

7. Refund Tender


Refunds

  • If you are entitled to a refund and elect a refund, your refund will be returned in the same manner as the original payment method. For purchases made by credit or debit card, the cardholder and the same credit or debit card are required to process the refund as was originally used for the purchase.
  • Please note that processing of refunds can take up to seven (7) business days to show on your account due to varying processing times between payment providers.


Store Credit

  • If you are entitled to or elect to receive online store credit, you will receive a credit value of your order. The credits are applied to your account or through the issue of a coupon code once your return has been processed.
  • Please allow up to three (3) business days for store credit to be applied from the date on which we receive your items.
  • Store credits are valid for three (3) years before expiry.
  • You can check your store credit balance by logging on to your account. To use your store credits you will have the option in the checkout on the payment step.

 

8. Consumer Guarantees

This Policy is not intended to replace or exclude any rights available to you under the Australian Consumer Law.

If you believe an item purchased from us is faulty, you may have rights under Australian Consumer Law. Where there is a major failure with the item you may choose a refund, exchange or repair and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the item repaired or replaced if the item fails to be of acceptable quality and this failure does not amount to a major failure. Where an item is damaged through misuse, we cannot provide a refund, exchange or repair.

Certain legislation including the Australian Consumer Law (ACL) in the Consumer and Competition Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of goods or services to you by us which cannot be excluded, restricted or modified. Our liability is governed solely by the ACL, this policy and any terms and conditions specified on our Website.

 

9. Amendment

This Policy may be amended from time to time by us, without prior notice. Any purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check our current Terms and Conditions, before making any purchase. Our agents, employees and third parties do not have authority to change this Policy or our Terms and Conditions.

 

10. Contact Us

If you have any enquiries regarding your return or our Returns Policy, you may contact our customer service team through email at info@niptuckswim.com or by phone at +612 9700 8278.