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Version: February 2023
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, 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 New Zealand site, a reference to applicable territory is a reference to New Zealand) 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 hello@baileynelson.co.nz to request an exchange or refund in accordance with this policy.
We will provide a refund or exchange where required to do so by law.
Returns
2.1 Each of our prescription products is custom made and are unique for each customer. With that in mind, all custom prescription products are final sale. If you are concerned with your lenses, we will ensure to remake these for you from 30 days of purchase.
2.2 If you purchased a Product either in store or online, the same policy applies as above.
2.3 Subject to clause 2.6, if you purchased the Product online and are concerned with your lenses, 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 New Zealand and the Product is being returned to us in New Zealand, 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.
2.5 Subject to clause 2.1, each request to return is reviewed on a case by case basis with our return policy in mind.
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. We will exchange or refund any non-prescription product within 30 days of purchase. Product must be undamaged, unused and with all tags in place and cloth unused. Please note, we no longer offer a refund or exchange for a change of mind on custom made prescription products.
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) All our frames and lenses are manufactured with exacting international standards. If within 1 year of purchase your glasses have any defects relating to material or production faults, we will repair or replace a like-for-like pair for you.
b) All custom prescription products are final sale. Vision is our top priority, so if you are concerned with your lenses, we will ensure to remake these for you from 30 days of purchase.
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 credit or debit card, then we may require that you present your original card in order to issue a refund.
New Zealand
3.1 In New Zealand, our goods come with guarantees that cannot be excluded under the New Zealand 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 New Zealand, our goods come with guarantees that cannot be excluded under the New Zealand 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.
4.1 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 a 30-day customer satisfaction guarantee and remake your lenses if required from date of collection.
b) at our discretion, offer you an exchange where we receive your request outside period that is 30 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.
n) Change of mind on non-prescription purchases. Anything which is custom-made is not eligible for exchange.
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.
This returns policy governs all purchases made within the BN Kids Range at Bailey Nelson.
6.1 Lens material
a) Polycarbonate lenses will be included in the base price. The price adjustment is automatic in POS.
6.2 Prescription Changes
a) (3) Three-Month Prescription Guarantee: Bailey Nelson is committed to ensuring your child's visual clarity. If your child experiences changes to their prescription within three (3) months of the initial purchase, we will replace the lenses free of charge. To qualify for this guarantee, the customer must provide a valid prescription issued by a Bailey Nelson optometrist or their prescribing Ophthalmologist, dated within the specified three-month period.
b) Between 3-12 months prescription changes will be charged at 50% under warranty coverage.
6.3 Replacements
a) 12-Month Manufacturing Warranty: Our Kids frames are backed by a 12-month manufacturing warranty, commencing from the date of purchase. This warranty covers defects in materials and workmanship. If any defects arise during this period, Bailey Nelson will repair or replace the frame or components at no cost to the customer, subject to reasonable wear and tear.
b) 50% Off Replacements within 12 Months: Kids frames are covered by the same 12 month manufacturer’s warranty as all our glasses. In addition to this, since we know that kids can be more likely to lose or break their glasses, we are excited to offer 50% off replacements for kids frames within 12 months of purchase. This coverage extends to the following instances:
6.4 Additional Terms and Conditions
a) Proof of Purchase: To be eligible for any returns or warranty claims, customers must provide a valid proof of purchase, which includes the original sales receipt or an electronic purchase confirmation.
b) Non-Transferable: This returns policy is non-transferable and is only applicable to the original purchaser of the Kids frame.
c) Discretion of Bailey Nelson: Bailey Nelson reserves the right to make the final determination regarding warranty claims, replacements, and eligibility for discounts under this policy.
d) Governing Law: This returns policy is governed by the laws of New South Wales, and any disputes arising out of or in connection with this policy shall be subject to the exclusive jurisdiction of the courts in New South Wales.