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This policy applies to products purchased directly from Upper Cut Co, operated by Brad Grove, ABN 26 941 149 029.

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We distinguish between a change of mind, a normal product or material characteristic, damage caused after purchase and a genuine failure to meet consumer guarantees.

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Nothing in this policy excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.

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1. Your Australian Consumer Law rights

Our products are subject to guarantees under the Australian Consumer Law that cannot be excluded.

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These rights apply to eligible purchases of standard, discounted, imported, made-to-order, custom and personalised products. They are separate from our voluntary change-of-mind policy.

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Depending on the circumstances, you may be entitled to a repair, replacement, refund, compensation or another remedy available under law.

Consumer guarantees do not automatically expire after 14 days, 30 days or at the end of a manufacturer’s warranty period.

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2. Change-of-mind returns for in-stock products

We accept change-of-mind return requests for standard, in-stock, ready-to-ship physical products where:

• You contact us within 14 calendar days after delivery.

• The product has not been used, installed, heated, washed, altered or damaged.

• The product is clean and in its original saleable condition.

• Supplied parts, accessories, labels and packaging are included where reasonably applicable.

• You provide reasonable proof of purchase.

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These requirements apply only to voluntary change-of-mind returns. They do not apply to faulty, unsafe, incorrectly supplied or misdescribed goods.

Change-of-mind returns do not apply to:

• Made-to-order products.

• Custom or personalised products.

• Bespoke manufacturing work.

• Digital gift cards once issued.

• Products expressly identified before purchase as clearance or final-sale items where the restriction relates only to change of mind.

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A discounted product is not automatically excluded from our change-of-mind policy unless it was specifically identified as a clearance or final-sale item before purchase.

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This does not affect your Australian Consumer Law rights if a discounted, clearance or final-sale product is faulty, unsafe, misdescribed or otherwise fails a consumer guarantee.

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3. How change-of-mind returns work

To request a return, email contact.team@uppercutco.com.au.

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We will provide the appropriate return address and return instructions.

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Returns are normally handled by post, courier or arranged collection where appropriate. Upper Cut Co does not operate a retail showroom or accept unarranged walk-in returns.

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Unless we agree otherwise, an authorised change-of-mind return must be dispatched within 14 calendar days after we provide the return instructions.

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For an eligible change-of-mind return:

• You are responsible for return postage or freight.

• The original delivery charge is not refundable where the delivery service has already been provided.

• We do not charge a restocking fee.

• We refund the amount actually paid for the returned product after checking that it meets the change-of-mind conditions.

• You may place a new order if you would prefer another product.

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Please package returned goods appropriately to reduce the risk of damage during transport.

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4. Made-to-order, custom and personalised products

We do not accept change-of-mind returns for products manufactured, modified or customised specifically for your order.

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This includes, but is not limited to:

• Made-to-order FlatMate Fire Pits.

• Products with selected custom artwork.

• Products containing names, wording, dates, numbers or personalised graphics.

• Products manufactured to custom dimensions or specifications.

• Products with customer-selected or custom finishes.

• Engraved or otherwise personalised products.

• Bespoke manufacturing or fabrication work.

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Changing your preference, no longer needing the item, ordering the wrong option or finding a cheaper alternative elsewhere does not create a change-of-mind return right for these products.

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This exclusion does not apply where a product is faulty, unsafe, misdescribed, incorrectly supplied or otherwise fails a consumer guarantee.

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5. Cancelling a made-to-order or custom order

If you wish to cancel a made-to-order, custom or personalised order, contact us as soon as possible.

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A cancellation requested before production or customisation begins may be accepted at our discretion.

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Once materials have been purchased or committed, design work has been completed, customisation has begun or manufacturing has commenced, we may:

• Decline a change-of-mind cancellation where lawful; or

• Agree to cancel the order subject to deduction of reasonable and genuinely incurred unrecoverable costs.

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Any applicable deductions will reflect the circumstances of the order and the work or costs already incurred.

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Deposits are not automatically forfeited simply because they are described as deposits.

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Additional contractual terms applying to custom orders may also appear in our Terms of Service, quotations or written order documentation.

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Nothing in this section limits any cancellation or remedy rights you may have under the Australian Consumer Law.

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6. Written design approval

Where we provide a design proof or other pre-production approval, you must check and approve it in writing before production.

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Please carefully check:

• Names.

• Spelling.

• Dates.

• Numbers.

• Artwork.

• Logos.

• Layout.

• Orientation.

• Dimensions.

• Positioning.

• Selected finishes.

• Any other agreed specifications.

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If we manufacture the product correctly in accordance with the approved design, a customer-supplied error or later change of preference is not, by itself, a manufacturing fault.

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Where possible, we may offer to remake or alter the product for an agreed additional charge.

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Design approval does not excuse:

• Our own production errors.

• Manufacturing that does not match the approved design.

• Departures from agreed specifications.

• A failure to exercise legally required care and skill.

• Any failure to comply with applicable consumer guarantees.

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7. Damaged, missing or incorrect deliveries

If an order arrives damaged, an item is missing or you receive the wrong product, please contact us as soon as reasonably possible at contact.team@uppercutco.com.au.

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Where practical, please provide:

• Your order number or proof of purchase.

• A description of the issue.

• Photographs of the product.

• Photographs of any damaged packaging.

• Details of any missing or incorrectly supplied items.

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Prompt notification helps us investigate courier damage, locate missing items and resolve the issue efficiently.

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Failure to notify us within a particular number of days does not remove any rights you may have under the Australian Consumer Law.

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Where the issue is our responsibility or otherwise covered by consumer guarantees, an appropriate remedy will be provided.

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8. Material characteristics and manufacturing variations

Our products may use steel, cast iron, timber, leather, fabric and other natural or manufactured materials.

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Their appearance and behaviour can vary depending on the material, manufacturing process, environment, use and maintenance.

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Characteristics that may be reasonably expected, depending on the particular product and its description, can include:

• Mild steel developing surface rust or patina.

• Heat discolouration of steel.

• Some movement or distortion of steel during repeated heating and cooling.

• Visible fabrication, cutting, grinding, welding or engraving marks consistent with the described finish.

• Cast iron requiring drying, seasoning, maintenance or corrosion prevention.

• Timber variation in grain, colour, knots and texture.

• Limited timber movement or surface checking due to changes in moisture conditions.

• Natural leather variation, markings, creasing and patina.

• Small manufacturing variations that do not materially affect agreed dimensions, fit, safety or function.

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These characteristics are not automatically defects.

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However, neither this section nor any general disclaimer excuses:

• An unsafe product.

• An unacceptable finish in the circumstances.

• Excessive deterioration.

• A product that materially differs from its description.

• A product that does not perform as represented.

• A failure to comply with a consumer guarantee.

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We may consider the extent and cause of the issue, the product description, specific disclosures made before purchase, reasonable consumer expectations, product safety, performance and the circumstances of use.

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Warping that prevents safe assembly or normal use, or cracking that compromises structural integrity, will be assessed as a potential fault.

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We do not automatically classify all rust, warping, cracking, heat discolouration or cosmetic variation as either a defect or normal wear. The circumstances and severity matter.

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9. Misuse, maintenance and damage after delivery

Consumer guarantees do not require us to remedy damage caused by misuse, neglect or other conduct unrelated to a defect in the product.

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Depending on the circumstances and available evidence, this may include damage caused by:

• Incorrect assembly.

• Use contrary to clear and reasonable instructions.

• Overloading.

• Impact damage.

• Unsuitable modification.

• Use with an incompatible accessory.

• Excessive or uncontrolled fires.

• Use of unsuitable fuels or accelerants.

• Rapid cooling or thermal shock, including unnecessarily dousing very hot metal.

• Prolonged exposure to moisture or corrosive substances where dry storage or maintenance is reasonably required.

• Failure to carry out reasonable maintenance.

• Using the product for a purpose it was not designed, advertised or agreed to perform.

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We assess whether the alleged misuse, modification, maintenance issue or other conduct actually caused or contributed to the problem.

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An unrelated modification or maintenance issue does not automatically remove all consumer rights.

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Ordinary and reasonable use of a fire pit involves heat. Heat exposure alone is not evidence of misuse.

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If you believe a product may be unsafe, stop using it and contact us.

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Do not attempt a repair or modification that could worsen the problem or create a safety risk.

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10. Major and minor failures

A major failure may include circumstances where:

• A product is unsafe.

• A product is substantially different from its description.

• A reasonable consumer would not have purchased the product had they known about the problem.

• A product cannot perform its normal or disclosed purpose and the problem cannot easily be fixed within a reasonable time.

• Multiple problems together amount to a major failure.

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Where a product has a major failure, you may be entitled to choose a refund or replacement in accordance with the Australian Consumer Law.

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You may instead choose to keep the product and seek compensation for any reduction in value where the law provides that remedy.

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Other reasonably foreseeable loss or damage may also be compensable where provided by law.

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For a minor failure that can be remedied, we may choose the appropriate remedy, usually a repair, provided that it is carried out free of charge and within a reasonable time.

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If we refuse or fail to remedy a minor failure within a reasonable time, additional rights may arise, including rights relating to repair costs, replacement or refund.

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We may reasonably inspect or assess a product before determining the appropriate remedy.

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Our assessment does not prevent you from challenging the outcome or exercising your rights under the Australian Consumer Law.

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11. How to report a product problem

Email contact.team@uppercutco.com.au with:

• Your name.

• Your order number or another reasonable proof of purchase.

• The product involved.

• A description of the problem.

• When the problem became apparent.

• Relevant photographs or video where practical.

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We may ask reasonable questions about assembly, use, maintenance or storage where these matters may help determine the cause of the problem.

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Please contact us before returning or posting a large or heavy product so that we can arrange an appropriate assessment, return or collection method.

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Return authorisation helps us manage the process efficiently but does not override any statutory right you may have.

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12. Return freight and assessment costs

For a confirmed failure covered by consumer guarantees, Upper Cut Co will cover reasonable and necessary return costs as required by law.

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If you have already paid reasonable postage or transport costs associated with returning faulty goods, keep your receipts.

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Where faulty goods are large, heavy or difficult to return, we will arrange collection or another suitable return solution at our expense where required by law.

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If an assessment finds that:

• There is no product fault; or

• The problem was caused by misuse, accidental damage, incorrect use or another matter that is not our responsibility, reasonable inspection, collection or transport charges may apply only where we provided you with a reasonable estimate of those costs beforehand and you agreed to proceed.

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We will not impose an undisclosed assessment fee.

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Original packaging is not required for a faulty-goods claim.

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However, goods being transported should be packaged reasonably where possible to prevent avoidable additional damage.

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13. Refunds

Once a refund has been approved and any reasonably required return or assessment process has been completed, we will process the refund within 7 business days.

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Your bank, card provider, PayPal, buy-now-pay-later provider or other payment service may take additional time to display or finalise the credit.

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Refunds are normally made through the original payment method unless:

• We agree otherwise.

• The original payment method cannot reasonably be used.

• Another lawful arrangement is necessary.

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We do not substitute store credit for a refund you are legally entitled to receive unless you agree.

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For a refund arising from a consumer-guarantee failure, we will not deduct an amount merely because you used the product before the problem became apparent.

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Delivery charges and other losses are dealt with according to your legal entitlement and the circumstances of the claim.

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14. Bundles

Products purchased as part of a bundle may contain a combination of:

• Made-to-order products.

• Standard in-stock products.

• Imported accessories.

• Customised products.

• Other separately identifiable items.

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Including an in-stock accessory in a bundle does not make a made-to-order, custom or personalised product eligible for a change-of-mind return.

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For example, where a FlatMate bundle includes a made-to-order FlatMate Fire Pit and standard accessories, the FlatMate Fire Pit remains subject to the made-to-order change-of-mind exclusion.

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Where we voluntarily agree to accept a partial change-of-mind return of an eligible item from a bundle, any refund will be calculated using:

• The amount actually paid; and

• A fair allocation of any bundle discount.

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We do not calculate a voluntary partial refund using the undiscounted individual retail price where that would result in an unreasonable refund or allow a customer to retain the bundle discount after returning part of the bundle.

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For consumer-guarantee claims, the appropriate remedy depends on the affected product and the effect of the problem on the overall purchase.

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We will not require an unaffected product to be returned unnecessarily or use bundle pricing to reduce statutory consumer rights.

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15. Digital gift cards

Digital gift cards are not eligible for voluntary change-of-mind returns once they have been issued.

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This does not affect any rights you may have if a gift card is:

• Incorrectly supplied.

• Defective.

• Unusable due to a problem for which we are responsible.

• Otherwise not supplied or represented as required by law.

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16. Additional warranties

Consumer guarantees under the Australian Consumer Law operate independently of any additional warranty.

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Nothing in this policy creates a separate warranty against defects unless Upper Cut Co expressly provides one for a particular product.

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If a separate Upper Cut Co or manufacturer warranty is provided, it operates in addition to any rights and remedies available under Australian Consumer Law.

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You may contact Upper Cut Co about a product we sold even where the manufacturer, importer or supplier is another business.

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17. Disputes and further assistance

If you disagree with our assessment or proposed remedy, please explain your concerns and provide any additional information you believe is relevant.

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We will reconsider the matter in good faith.

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You may also seek independent assistance or information from:

• NSW Fair Trading.

• The Australian Competition and Consumer Commission.

• Another appropriate state or territory consumer protection body.

• An independent legal adviser.

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Contact

Upper Cut Co
ABN: 26 941 149 029

Email: contact.team@uppercutco.com.au
Phone: 0432 395 486

Location: Currans Hill, NSW, Australia

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Return addresses and collection arrangements are provided when you contact us.

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Upper Cut Co operates online. We do not operate a public showroom and do not accept unarranged drop-offs.