USE OF THE UPSIDE WEBSITE

This website (the Website or our site) is owned and operated by THE UPSIDE (NORTH AMERICA) LLC, a Delaware limited liability company (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 commercialize 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 unauthorized 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 endeavor 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

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 (NORTH AMERICA) LLC accepts Mastercard,Visa, American Express and Paypal.

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

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 full price online orders within 30 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.

THE UPSIDE cannot accept refunds on SALE items (this includes items purchased during promotional events such as a Flash Sale or Online Shopping Night), we can however offer an exchange or credit note. Please be aware that any items purchased as part of a WAREHOUSE SALE promotion are final sale and are not eligible for return or refund.

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

Please click here to understand THE UPSIDE Returns/Exchange process further.

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.

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.

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 refunded.

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

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.

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.

2024 END OF YEAR SALE

Up to 70% off. Selected styles. Prices as marked. No code required. Cannot be used in conjunction with any other offer or promotional code. Promotion cannot be redeemed retrospectively. T&Cs and Exclusions apply.