Refunds and Returns Policy

Version: October 2020

Welcome to Bailey Nelson.  This document sets out our refunds and returns policy.  This policy forms part of our Site Terms of Use, which can be found here.  Defined terms used in this policy have the meaning given to them in the Terms of Use.

We operate our Site and our stores in multiple territories, including Australia, New Zealand, the UK, Canada and the USA. This policy governs refunds and returns globally, a reference to ‘applicable territory’ is a reference to the territory which the Site you’re using relates to (for example, if you’re using our Australian site, a reference to applicable territory is a reference to Australia) and/or the territory in which you purchase our Products in store. 

This policy is subject to any applicable laws and regulations, including any laws and regulations relating to consumers, in the applicable territory. 

Head to one of our stores or contact info@baileynelson.com.au to request an exchange or refund in accordance with this policy.

  1. Refunds and returns under law

We will provide a refund or exchange where required to do so by law. 

2. Refunds and returns in other circumstances

Returns

2.1 Where you opt to return your Product in accordance with clause 2.1, we’ll refund you the full purchase price of the applicable Product, as long as it is unused and undamaged.  If you received a ‘free gift with purchase’ when you purchased a Product from us, then the free gift(s) must be returned along with the Product purchased, or the value of the gift(s) will be deducted from the refunded amount.

2.2 If you purchased a Product in store, you must return the Product to a store in the same territory that you purchased it in.  

2.3 Subject to clause 2.6, if you purchased the Product online, you must return the Product via the Site that you purchased it from and we’ll cover any return postage costs from the original address to which the Product was sent, subject to the following:

a) you must use our chosen method of shipping; and; 

b) your original address must be in the same territory as the address that the Product is being returned to (for example, if your original address is in Australia and the Product is being returned to us in Australia, we’ll cover the return postage costs).  

2.4 Where requested by you, and in our sole discretion, we may permit you to return a Product purchased online to one of our stores.

Exchanges

2.5 Where you opt to exchange your Product in accordance with the above, the following applies.

a) If you purchased a Product in store, you must exchange the Product in a store in the same territory that you purchased it in.  

b) Where requested by you, and in our sole discretion, we may permit you to exchange a Product purchased in store via post and in such instance, any coverage of postage costs by us will be in our sole discretion. 

Prescriptions

2.6 If you have an issue with your prescription lenses and you want to return your frames and lenses to us:

a) within 30 days from the date of purchase, we will either, at your choice: 
i) refund you the full purchase price, in accordance with clause 2.3; or
ii) provide you with an eye test in one of our stores free of charge and issue you with a new pair of lenses, where the attending optometrist determines that a change in lens parameters may have a more favourable outcome. 

b) outside of the 30 day period from the date of purchase, it will be handled at the discretion of our store operations and optometry teams.

2.7 All Products purchased at a discount or on sale are final sale; we are not required to provide a refund, exchange or replacement if you change your mind in relation to such discounted or sale Products.  

2.8 Where we do issue a refund, it will be issued back through the same payment method on which you initially paid for the purchase. Importantly, that means that if you paid for a Product using your private health fund, we cannot refund you via any other payment method. If you paid via your health fund, or credit or debit card, then we may require that you present your original card in order to issue a refund.

3. Territory-specific warranties and guarantees required by law

Australia

3.1 In Australia, our goods 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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

3.2 In Australia, our goods 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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

4. Our Product warranty

4.1 In addition to your rights under any applicable law in the applicable territory, including as set out at clause 3, this clause sets out our warranty policy. 

4.2 Subject to the remainder of this clause, we will replace or repair (in our discretion):

a) any of our glasses or sunglasses Products within one year of the date of purchase where the Product:

b) is faulty as the result of a manufacturing, material or fitting fault; or

c) has become damaged as a result of any manufacturing or material defect in the Product; and/or

d) any of our accessory Products (including cases, cleaning cloths, eye masks, chains or cords) within six months of the date of purchase where the Product is faulty as the result of a manufacturing or material fault. 

4.3 This clause 4.3 applies to prescription lens Products only. In addition to the warranty set out above (if applicable to prescription lens Products) but subject to clause 4.5, we will replace or repair (in our discretion) prescription lens Products within one year of the date of purchase where the Product has a fault in relation to lens coating, crazing, lens discolouration and delamination. 

4.4 This clause 4.4 only applies to prescription lens Products that are classified as multifocal or progressive lenses. If you buy a multifocal or progressive lens Product for the first time and you are not able to adapt to wearing them, contact us and we will: 

a) provide you with, at your choice, an exchange or refund if we receive your request within 90 days from your date of purchase; or

b) at our discretion, offer you an exchange where we receive your request outside period that is 90 days from the date of purchase.

4.5 This warranty policy does not apply in the following cases.

a) Ordinary wear and tear, including minor damage that occurs as a result of ordinary use, snapping, cracking, breaking, stepping on or ripping of the arms of frames, scratches on the surface of lenses. 

b) Misuse of a Product, including not using a Product in accordance with any instructions we provide to you, including on any hang tags and/or as set out at clause 5.

c) In relation to the following types of Products:

i) scratch-resistant lenses, where scratches are due to ordinary wear and tear (for example, by excessive rubbing causing lenses to have small hairline scratches) and/or deliberate or accidental scratches;

ii) cleaning cloths or cases that are provided by us for free with your purchase of another Product; 

iii) consumable Products (including contact lenses and lens sprays); and/or

iv) Products that naturally degrade over time (such as Meimask gel packs and microfibre cloths).

d) Damage arising from not following care instructions as provided at point of sale.

e) Accidental damage.

f) Damage arising from improper storage of the Product.

g) Damage incurred by a provider other than us as a result of frame adjustments, or the removal or installation of lenses.

h) Damage arising from misuse, or suspected misuse, of the Product.

i) Discolouration of acetate due to dyes, solvents, or other substances.

j) Discolouration or oxidisation of metals due to skin contact or cosmetics.

k) Scuffs or scratches on the lenses.

l) Changes to prescription which are the result of a natural change in vision or eye surgery.

m) Consumables such as contact lenses which have passed their use-by dates.

5. Product use instructions for sunglasses, prescription lenses and readymade spectacles

5.1 The following instructions apply to sunglasses, prescription lenses and readymade spectacles and are in addition to any point of sale instructions, including in store and/or on our Sites.

a) Lenses should be cleaned with a microfibre cloth; do not use towels, clothing or other fabrics, these can damage the lens and may cause rubbing marks or scratches over time. Use a lens-safe spray or water only. Excessive exposure to heat or storing your glasses in hot environments may damage the lens surface coatings

b) Avoid excessive rubbing of the lens and avoid corrosive materials i.e. chlorine-treated water, salt water or aerosol sprays such as hair spray, paints, solvents and sun cream. If any of these substances do touch your lenses, clean them with the microfibre lens cloth and a lens-safe spray. 

c) Always keep sunglasses in their protective case when you are not wearing them. Extreme heat or cold may cause lens or frame warping, avoid leaving them in a car on a hot day. Visit your local Bailey Nelson store for frame adjustments.