TERMS & CONDITIONS

USE OF THE UPSIDE WEBSITE

This website (the “Website” or “our site”) is owned and operated by THE UPSIDE COPORATION 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 2 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 table below for an accurate delivery schedule.
Please note that the times listed are subject to stock availability.  

 

ORDERING & PAYMENT

THE UPSIDE COPORATION PTY LTD offer an online purchasing service only via our website www.theupsidesport.com

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.

 

SHIPPING INFORMATION

THE UPSIDE will display all current shipping prices on the website.

THE UPSIDE CORPORATION PTY LTD reserve the right to waive or discount shipping rates according to promotions or sales on the website at any time. Promotions or sales that offer full or part discount on shipping rates may cease or change at any time at the discretion of THE UPSIDE.

THE UPSIDE reserves the right to make changes to the following at anytime without notice, including;

Method of delivery;
Rates charged on shipping to any destination;
Carrier or shipping provider.

SHIPPING WITHIN AUSTRALIA

Orders placed online to a delivery address within Australia will be dispatched according to the postage method chosen at check out.
Current standard shipping rates on all deliveries within Australia are:
- Orders under the value of $150 are subject to a flat rate of $10
- Orders above the value of $150 are free of charge anywhere within Australia.


The below table refers to postage times for orders within Australia.

Postage Type

Cost

Estimated Delivery Time From Dispatch

Australia Post

$10

5 to 10 business days

 

 

 




SHIPPING TO NEW ZEALAND

For orders delivered to New Zealand we ship via DHL Express. Orders should normally arrive within 6 to 10 business days of dispatch.

Current standard shipping rates on all deliveries within New Zealand is a standard flat rate of AUD$10

Please note: when a customer confirms an order they accept full responsibility for any Customs Charges incurred and are considered to be importing goods into New Zealand. THE UPSIDE take no responsibility for this part of the process and remind all customers of their legal duty as the importer to pay all taxes, duties and charges set by the New Zealand Government.

Customers are advised to check with their local customs office before finalising any online purchases. It is the understanding of THE UPSIDE that such charges require payment upon delivery of the order. Under no circumstance will THE UPSIDE accept returns due to an objection with the customs charges. These orders cannot be returned to sender.

INTERNATIONAL SHIPPING

THE UPSIDE provides shipping to most destinations worldwide.


Keep in mind that there may be customs delays, taxes and/or duties that may apply in your country. As they are government regulations THE UPSIDE can take no responsibility for delayed items. 

It is the responsibility of the customer to check for any taxes or duties they may be liable for upon delivery of the order.

 

The below table refers to postage times for orders outside of Australia.

Postage Type

Cost

Estimated Delivery Time From Dispatch

DHL Express

AUD$30

5-15 business days

 

 

 

 

 

 



The Upside wishes to remind all customers this charge covers transport only and will not include any extra import liabilities imposed by their local Government.

Please note: when a customer confirms an order, they accept full responsibility for any Customs Charges incurred and are considered to be importing goods into their country. THE UPSIDE take no responsibility for this part of the process and remind all customers of their legal duty as the importer to pay all taxes, duties and charges set by their government.

Customers are advised to check with their local customs office before finalising any online purchases. It is the understanding of THE UPSIDE that such charges require payment upon delivery of the order. Under no circumstance will THE UPSIDE accept returns due to an objection with the customs charges. These orders cannot be returned to sender.
 

RETURNS OR EXCHANGES

 

We understand that it can be tricky to find the right size or style for your body when shopping online. THE UPSIDE will gladly exchange, credit or full refund on online orders within 14 days of purchase under the following conditions;

  • Tax invoice is presented as proof of purchase
  • Item/s are in original unworn condition
  • Original tags are attached to item/s
  • THE UPSIDE Returns/Exchange Form is completed and returned with item/s
  • Item/s purchased were not a SALE item
  • All swimwear garments must have hygiene strip still intact, as well as having been unworn and with original tags attached

In the case of unavailable stock on an exchange, the customer will receive a credit or full refund as preferred.

Please click here to download THE UPSIDE Returns/Exchange Form that can also be found on the reverse side of your invoice received upon delivery of goods.

The Upside would like to clearly state that we are unable to provide exchange or refund on SALE items for Australian or International orders unless the item is deemed as faulty or damaged. If the stock is available, THE UPSIDE will accept size exchanged on SALE items.

All items for exchange or refund can be sent to:

THE UPSIDE Returns/Refunds
ADS Warehouse, 67 Shepherd St
MARRICKVILLE, NSW 2204
AUSTRALIA

In the case of faulty or damaged goods, THE UPSIDE reserve the right for a complete assessment of the product once received. If assessed as faulty or damaged, THE UPSIDE will send a replacement item subject to stock availability. If unavailable, a credit will be issued. The Upside will inform the customer within 72 hours of receiving faulty or damaged goods with an assessment notice via email.

Please note in the case of delivery delays, THE UPSIDE will not be held responsible.

Customers are responsible for all shipping and handling costs on return items except in the case of faulty or damaged goods.

The Upside offer reimbursement of shipping and handling costs on the first exchange only on the provision that receipts are included with the item for exchange. Customers are responsible for all shipping and handling costs on future exchanges.

An original invoice or a copy of the original invoice must accompany all refunds and exchanges.

THE UPSIDE will take no responsibility for items lost in transit and it is recommended for this reason all returns/exchanges are sent via registered post.

It may take up to 7 business days from the date an item was returned for the customers account to be credited with refunded monies.

All monies will be refunded to the credit card from which original payment was received.

 

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.