Please note this is an excerpt from our Terms and Conditions that should be viewed in their entirety here. Contact us at orders@blackbirdandviolet.com for any return, replacement or refund inquiries.
8. RETURNS AND REFUND POLICY
8.1 Consumer Guarantees
Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these Terms and Conditions shall be read or applied so as to exclude, restrict or modify or have the effect of excluding, restricting or modifying any condition, warranty, guarantee, right or remedy implied by law (including the Australian Consumer Law) which cannot by law be excluded, restricted or modified.
8.2 Change of mind returns
Subject to the other terms of this clause, if you change your mind about your purchase of a Product (except for earrings, sale items, made to order or custom items), we are pleased to offer you a full refund for such Product provided that:
(a) you notify us and present to us your receipt or other adequate proof of purchase;
(b) the item is in re-saleable condition, including being in its original packaging (if any) and being unopened, unused and as sold; and
(c) the Product is returned to us in accordance with the process set out under clause 8.5, and we have received it within 30 days of the date of the delivery of the Product to you.
Provided you comply with the above, we will provide you with a return authorisation number and you will be responsible for arranging the return shipping (instructions will be provided by us) and any associated return shipping costs. It is your responsibility to package the item sufficiently to avoid damage in transit back to us. We encourage customers to photograph the items scheduled for return and the condition of the packaging before handing over to the delivery company. This change of mind policy is in addition to any other rights you may have at law and does not apply to earrings or sale items.
8.3 Faulty Products Returns
(a) Subject to the other terms of this clause, we will provide our own remedies (set out below) which are equivalent to those remedies in the consumer guarantee provisions of the Australian Consumer Law where:
(i) the Products are either: A. faulty or not of acceptable quality; or B. not fit for their intended purpose; or C. do not match the sample or our description; and
(ii) you can present to us your receipt or other adequate proof of purchase;
(iii) you have complied with the notification and inspection requirements set out under clause 8.4;
(iv) the Products are returned to us in accordance with clause 8.5 if requested by us; and
(v) the Products are assessed by us as being faulty in accordance with clause 8.6.
(b) This warranty against defects is in addition to any rights you may have under the Australian Consumer Law.
8.4 Notification and inspection
(a) You must inspect all Products immediately on receipt of the Products and before use.
(b) You may reject any Products as faulty provided that you give us notice of such fault including information of your Products and the fault:
(i) in the case of a fault that is apparent on normal visual inspection or any component of the Product is missing, within 48 hours of receipt; or
(ii) in the case of a latent defect (being a defect that is not apparent on an initial visual inspection), within 30 days of receipt.
(c) You must do all that is reasonable to prevent the Products from becoming faulty or mitigate any further harm or damage. Products must be stored in a manner that does not cause any further harm or damage to the Products. Products (whether faulty or not) must be stored and handled in the same manner as if they had no fault.
(d) You will be required to provide us with proof of the fault including by way of photographic or video evidence. In providing this information to us you authorise our use and disclosure to those third parties that may assist us in assessing the fault (such as the manufacturer or third party service providers).
(e) We may, if we require, request you to return the Products to us in accordance with clause 8.5.
8.5 How to return Products
(a) Once we have received the information about the fault we may, if required, request you to return the Products to us in accordance with this clause.
(b) If required, we will provide you with instructions on how to send the Products back to us. Please note that we reserve the right to assess the Products before providing a replacement or refund in accordance with clause 8.6.
(c) In sending the Products back to us:
(i) ensure the Products are packaged and stored in a way that will not cause any further harm or damage to the Products. We are not responsible for any damage caused during return transit due to inadequate protection or storage methods;
(ii) ensure that the Products are packaged and delivered with registered post (or a similar service). We will not be responsible for any Products lost in the post;
(iii) certain costs may be incurred by you in returning the Products to us, including postage or freight costs. We are not liable for those return costs (although if we accept that a Product is faulty, we may reimburse you the costs of return upon receipt of evidence of the costs incurred); and
(iv) you must return the Products in the way as instructed by us or we will be unable to process your return and your Products may be forfeited.
8.6 Products being assessed
(a) We reserve the right to assess the Products before providing a replacement or refund. We will not be liable for or required to accept any return for any fault or damage where such fault or damage is caused or partly caused by or arises as a result of:
(i) your acts or omissions, including where you fail to take reasonable steps to prevent them from becoming defective or you fail to follow our instructions or standard practice for products the same as or similar to the Products;
(ii) your continued use after discovering fault, or attempting to alter the Products without our consent (or by an unauthorised repairer). If a component of a product becomes defective, you must not attempt to repair it yourself. Doing so may cause damage which is not covered by this warranty;
(iii) you failing to maintain the Products in accordance with our product and care instructions specified on the Website and any care & maintenance booklets provided with the Products;
(iv) wilful damage, negligence or abnormal use or storage or working conditions; or
(v) fair wear and tear.
(b) This limited warranty applies to defects due to workmanship or materials, subject to the limitations described in this warranty. This limited warranty does not cover:
(i) damage to any packaging only (and not the Products);
(ii) insignificant minor variations in dimensions, colour, grain or finish; and/or
(iii) replacement of any non-defective pieces of the Product (for example, if only one component of the item is defective, then we will replace the defective component only).
(c) For some Products that we cannot assess ourselves, we may arrange for the Products to be sent to the manufacturer for assessment. In these circumstances, depending on the Products, please be aware that it may take several weeks to complete this process.
(d) If there is a minor fault and the Products can be repaired, we will replace it, repair it or refund the purchase price, at our discretion.
(e) If there is a major fault, you may choose to receive a refund, replacement or repair.
(f) In the event that we do not find a fault in the Products, the replacement or refund will be refused, and the Products will be returned to you at your cost.
(g) In the event that you fail to comply with any of your obligations set out under this clause, including in respect of the return of Products, we reserve the right to refuse to provide you with a replacement or refund of the Products in our discretion (acting reasonably).
8.7 General
(a) The warranty noted under this clause is provided to the original purchaser only and is non-transferrable.
(b) Any refunds provided under this clause will be issued to the same payment method which was used for the purchase and will be processed within 3 weeks of confirmation that the conditions of refund have been met.
