USE OF THE UPSIDE WEBSITE

This website (the Website or our site) is owned and operated by THE UPSIDE CORPORATION PTY LTD ACN 139 233 391 (The Upside, us or we). You agree to use the Website only for purposes as permitted under this Agreement and any applicable laws or regulations. You agree to refrain from doing any prohibited acts as set out in this clause.

You agree that you will not use the Website to:

(a) stalk, harass, threaten, intimidate or harm another;

(b) pretend to be anyone, or any entity, you are not, and you will not impersonate or misrepresent yourself as another person (including celebrities), entity, an employee of The Upside, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity. The Upside reserves the right to reject or block any user which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity;

(c) engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or non-disclosure agreement or otherwise;

(d) use, distribute, reproduce or commercialise any content from the Website or The Upside service except as permitted by this Policy, by law, and with prior written agreement from The Upside;

(e) transmit any unsolicited advertising, promotional material or other forms of solicitation in connection with your use of the Service without the prior written agreement of The Upside;

(f) forge any TCP-IP packet header or any part of the header information or otherwise putting Information in a header designed to mislead recipients as to the origin of any content transmitted through the Website ("spoofing";);

(g) access (or attempt to access) any part of the Website by any means other than through the interface provided by The Upside;

(h) engage in any activity which disrupts or interferes with the Website or the servers and networks that host the Website;

(i) interfere with or disrupt the Website (including accessing the Website through any automated means, like scripts or web crawlers), or any servers or networks connected to the Website, or breach any policies, requirements or regulations of networks connected to the Website (including gaining unauthorised access to, use or monitoring of data or traffic thereon); or

(j) plan or engage in any potentially fraudulent, illegal or offensive activity. 

ORDER STATUS

We endeavour to have your order dispatched within 1 business days from the customer receiving the Order Confirmation via email. Transit will vary depending on the delivery options chosen by the customer. Please consult the shipping timelines below for an accurate delivery schedule.

Australian Standard Shipping: 3 to 5 business days

Australian Express Shipping: 1 to 3 business days

New Zealand Express Shipping: 2 to 4 business days

Other International Express Shipping: 2 to 5 business days

Please note that the times listed are based on historical shipping performance and may vary depending on on factors such as time of year, market activity and stock availability. 

ORDERING

THE UPSIDE CORPORATION PTY LTD offer an online purchasing service only via our website www.theupside.com.au

Orders via phone, fax or email will not be accepted.

Orders may be cancelled only in the case where the order has not been packed or dispatched from the warehouse.

PAYMENT

THE UPSIDE CORPORATION PTY LTD accepts Master Card,Visa, American Express, Paypal and Afterpay.

We do not offer Direct Deposit, Cheques, Diners or cash on delivery.

IS MY CREDIT CARD SAFE TO USE ON THIS WEBSITE?

You can find out more about the security of our website by visiting our Privacy Policy page.

ARE MY DETAILS PROTECTED?

At THE UPSIDE, we place a high importance on the privacy of our members and customers. If you'd like to find out more about our security measures, please visit our Privacy Policy page.

RETURNS OR EXCHANGES

Life is too short to be half-hearted about what you do, who you love or what you wear. As much as possible, we want to ensure you feel good about and in the purchases you make with THE UPSIDE.

Please note, refunds cannot be processed back onto gift cards or non-reloadable cards, as per the terms and conditions of those payment methods. In these cases, refunds will be issued as store credit.

FOR ITEMS PURCHASED AT FULL PRICE

Please initiate your refund/exchange or store credit request through our portal here within 14 days of receiving your order to ensure your return is received and processed within 30 days of the purchase date.

This policy is conditional so please take the time to note that returned garments must be returned in original sale condition (the garment must not have been worn, washed or altered). Swing tags must also be attached to be eligible for return.

All swimwear must be tried on with undergarments. When returning swimwear, the hygiene strip must be intact with no signs of having been removed. Swimwear returns will be refused should they indicate signs of wear, alteration or having been laundered.

We offer our full price return policy on eligible items purchased using the upside welcome code.

FOR ITEMS PURCHASED ON PRE-ORDER

Items purchased on pre-order are eligible for a return within 14 days of receiving. Please contact us at [email protected] for our assistance.

FOR ITEMS PURCHASED ON SALE

For items purchased on Sale (Including temporary markdowns, flash sales and use of promotional codes) we will happily issue an exchange or store credit within 14 days of receiving your order. This excludes products purchased and marked as FINAL SALE. Please initiate your request here.

FOR ITEMS PURCHASED ON FINAL SALE

For products marked FINAL SALE at time of purchase, they will not be eligible for return or refund, exchange or store credit. This does not affect your statutory rights.

Products are marked with a red FINAL SALE | NO RETURNS.

Styles purchased with a take a further discount during a Cyber Sale, Annual Outlet Sale or Warehouse Sale are deemed FINAL SALE.

RETURN TO ORIGIN REQUESTS

As per our policy customers are responsible to pay for the shipping and custom rates of their country. In certain situations if a customer denies these custom rates we will require the customer to cover the return fee of $50 AUD back to THE UPSIDE. This will be debited once the return is processed.

PROMOTIONAL ITEMS AND RETURNED GOODS

In the case of a promotional gift or item received in conjunction with an item for return, it is expected that the promotional gift or item also be returned in its original state.

If THE UPSIDE does not receive the promotional gift or item, the retail price for that item will be deducted from the refunded amount.

In the case where a customer wishes to keep the promotional item, THE UPSIDE will offer an online credit for the remainder of the returned items.

Please note THE UPSIDE offer no warranties/returns/exchanges on any such promotional gifts or items.

PRE-ORDERS

Items available for pre-order will be indicated on the product page with the anticipated ship date. Please note, once your order is placed, the full payment will be captured up front. If you wish to cancel your order before the ship date, you may do so by contacting [email protected]

Please note, if you wish to return a pre-order item for an exchange or refund, you will have 7 days from the date received to request your return via our returns page.

GIFT CARDS

Gift Cards are treated as cash and cannot be replaced if lost or stolen. 
Gift Cards cannot be purchased with a promotional code or discount. If they are purchased at a discount, you will be contacted and refunded. 
Gift Cards purchased from THE UPSIDE online store or from one of our boutiques are valid for three years from the date of issue.

MID SEASON SALE

Up to 50% off. Selected styles only. Cannot be used in conjunction with any other offer or promotional code. Cannot be applied retrospectively. T&Cs and exclusions apply.