• Returns Policy

    1.   Introduction

    We want you to love your Tony Bianco Purchase, if you don’t please see our returns policy (Returns Policy) below.

    This Returns Policy applies to all returns of purchases made on our Website and in physical Tony Bianco stores. This Returns Policy is incorporated by reference into our Terms and Conditions (Terms) and any capitalised terms not defined in this Returns Policy are defined in the Terms. You agree to comply with all Terms when accessing or using our Services, including this Returns Policy.

    Please note that this Returns Policy only applies to purchases made on the Website and in physical Tony Bianco stores and does not apply to purchases from third party stockists such as department stores.  Such purchases are subject to the returns policies of the relevant store and returns must be processed at the store of the business where the original purchase was made.

    2.   Returns process

    Returning a Product in-store

    If you are returning a Product to a Tony Bianco store, simply bring the Product plus your proof of purchase and any other requirements set out in this Returns Policy (such as original packaging) to the store and a Tony Bianco representative will assist with your return.

    Returning a Product online by post

    You may only return a Product by post if it was originally purchased online.  If you are returning a Product by post, please ensure that the Products meet the conditions set out in this Returns Policy, complete the online return form attached to this Returns Policy and provide a copy of your invoice and book your return via the Parcel Point link in the online return form.

    3.   Returns for change of mind

    Tony Bianco may accept a return for change of mind subject to your compliance with the Change of Mind Return Conditions outlined below.  You acknowledge and agree that you will be responsible for all transportation costs for a change of mind return.

    Change of Mind Return Conditions

    Except in the case of Faulty Products, Tony Bianco will only accept a return for change of mind if:

    • for purchases delivered within Australia, the return is received by Tony Bianco within 14 days of the date specified on your receipt or order confirmation;
    • for purchases delivered outside of Australia, the return is received by Tony Bianco within 30 days of the date specified on your receipt or order confirmation;
    • the Product is not a Tony Bianco gift voucher, “made to order” style or accessories such as shoe care, hat, watches or jewellery product;
    • the Products are unworn and undamaged, in their original condition with all original tags attached and in their original packaging; and
    • proof of purchase in the form of your receipt or invoice from Tony Bianco has been provided with your return request.

    Any Product returned which does not meet the Change of Mind Return Conditions and will be sent back to the sender, at the sender’s cost.

    To the maximum extent permitted by law, Tony Bianco reserves the right to refuse a return for a change of mind at our sole discretion, including on the basis of a failure to adhere to these Change of Mind Return Conditions or a failure to comply with this Returns Policy.

    Full priced Products

    Subject to the Change of Mind Return Conditions, full priced Products may be returned following our Returns Process for change of mind to receive a full refund, exchange or store/online credit, at our election.

    Reduced or sale Products

    Subject to the Change of Mind Return Conditions, Products purchased at full price as part of a special promotion may be returned following our Returns Process to receive an exchange or Tony Bianco store/online credit, at our election.

    Except in the case of is Faulty Products, Products purchased at a reduced or discounted price (Sale Products) are final sales and no returns for change of mind will be accepted.

    4.   Faulty returns

    If you would like to return a Product that is faulty or that may be returned as otherwise required by Australian Consumer Law (Faulty), Tony Bianco will accept returns as set out below.

    If you believe your Product is Faulty, you may, within a reasonable time after purchase, make a return via our Returns Process and the return will be dealt with as set out below.

    In-store Faulty Returns

    If, after assessment of the Product by a Tony Bianco representative, the Product is deemed to be faulty, Tony Bianco will issue you with a repair, replacement or refund for the Faulty Product subject to our obligations under the Australian Consumer Law.

    Posting Faulty Returns

    Once we receive your Online Return Form and the relevant Products, the Products will be assessed by us.  If they are deemed to be Faulty, we will provide you with a repair, replacement, refund on the faulty Product subject to our obligations under the Australian Consumer Law plus a refund of the return shipping costs incurred by you.

    To the maximum extent permitted by law, Tony Bianco shall not be liable for any defect or damage to the Product which may be caused, or partly caused, by or arise as a result of:

    • you failing to properly maintain or store the Product;
    • you using the Products for any purpose other than that for which they were designed;
    • you failing to follow any instructions or guidelines provided by Tony Bianco;
    • fair wear and tear; or
    • any natural disaster, outside forces or accident.

    5.   Consumer Guarantees

    This Returns Policy is not intended to replace or exclude any rights available to you under the Australian Consumer Law. Our Products come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for 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. This Returns Policy is not intended to replace or exclude any rights available to you under the Australian Consumer Law.

    6.   Delivery and Shipping

    Except in the case of returns of Faulty Products, original shipping charges are non-refundable and shipping charges for change of mind returns are your responsibility. You acknowledge and agree that Tony Bianco will not be liable for missing deliveries of returned Products.

    7.   Return tender

    Where your return is exchanged for Tony Bianco online store credit, if you do not have an account on our Website, we will contact you to create one so that credit can be added to your account.

    If you are entitled to a refund, your refund will be returned in the same manner as your original payment method. Please note that processing of refunds can take up to 7 business days to show on your account due to varying processing times between payment providers.

    8.   Replacements and Exchanges

    Please note that we may not be able to offer a replacement or exchange on some Products if there is no longer stock available. If your return is accepted by us and no replacement or exchange is available, you may be offered Tony Bianco store/online credit or a refund in accordance with this Returns Policy.  Please note that we do not offer returns for change of mind on Sale Products.

    9.   Amendments

    This Returns Policy may be amended from time to time by Tony Bianco, without prior notice. Any purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check our Terms, before making any purchases.

    10.   Contact us

    If you have any enquiries regarding your return or our Returns Policy, you may contact us via the methods set out on our Website.

  • Terms & Conditions
    1.    Introduction

    These terms and conditions (Terms) constitute an agreement between you and Bianco Retail Pty Ltd (ACN 107 137 182) trading as Tony Bianco, including its successors, assignees and related bodies corporate (defined in the Corporations Act 2001 (Cth)) (Tony Bianco or we or us). 

    By accessing and using this website (located at www.tonybianco.com.au and related URLs) (Website) and our services, including (without limitation) purchasing products and use of our contact form or dealing with Tony Bianco in any way through the Website (Services), you accept, without limitation, modification or qualification) these Terms, and agree to be legally bound by these Terms.

    If you do not wish to be bound by the Terms you should not access or use the Website.

    All of our Website terms and policies, including our Privacy Policy and Returns Policy are incorporated into these Terms.  You agree to comply with all such terms and policies when accessing or using our Services.

    If you have any queries regarding these Terms, please contact enquiries@tonybianco.com.au.

    2.    Permissions

    You agree to allow Tony Bianco to send you emails regarding the Services, including any information regarding or relating to Tony Bianco goods and services (Products), in accordance with our Privacy Policy.

    You agree that you are responsible for your access to our Website and for ensuring that any persons who may access the Website through your internet connection are aware of and compliant with, these Terms.

    You warrant and represent to us that you have the capacity and authority to be bound by these Terms and that your use of the Services will comply with all applicable laws and regulations in Australia, in your State/Country, in the location that you access the Services and otherwise where applicable, and that you will not use our Services for any activities that are unlawful or discriminatory, harmful to others, or for any activity that does, or may, violate the rights of others.

    You may place an order for Tony Bianco Products by completing the appropriate order form on the Website and selecting the Products that you wish to order (Order).  By placing an Order, you authorise us to recover, through your credit or debit card, payments due to us for such Order.

    Your order shall constitute an offer to us to purchase the Products specified in the order. Each order, Acceptance of each order and the supply of Products by Tony Bianco pursuant to an order shall be governed by these Terms.

    If Tony Bianco accepts the Order, we will notify you of our acceptance by email, confirm the price of the Order and notify you of the relevant identification number (Invoice Number).

    Tony Bianco reserves the right to:

    • accept or decline all or part of your Order for any reason, including, without limitation, the unavailability of any Products, limitations on quantities available for purchase, inaccuracies or errors in Products or pricing information, where fraud is suspected, or where there is an error in your order;
    • request identification from you, including photo ID or any other such documentation for verification purposes before we process your Order;
    • cancel an Order at any time, for any reason; or
    • restrict the quantity or total value of Products available for purchase to each person or address.

    Where we exercise the rights above, we will notify you by email and suggest alternative Products, remove a Product from an order or provide a refund of the purchase price where applicable and Tony Bianco shall not be liable for any loss or damage whatsoever arising from such acts.

    You must quote the Invoice Number in any communications relating to such Order.

    Cancellations

    Please note that you cannot cancel or amend an order once it has been placed (except as permitted Australian Consumer Law). 

    In the event that you are entitled to cancel an order, to the maximum extent permitted by law, you agree that you will be liable for any and all loss incurred (whether direct or indirect) by Tony Bianco as a direct result of the cancellation (including, but not limited to, any loss of profits).

    3.    Products

    Images and descriptions of Products

    All descriptions and images of Products provided on this Website or otherwise communicated to you are for guidance only and intended merely to present a general idea of the Products. Product images may vary from the delivered Products depending on your monitor, settings and computer equipment. 

    Unless otherwise stated, any additional accessories styled or shown in a product image are for display purposes only and are not included in the product price.

    Availability of Products

    All Orders are made subject to availability.  Whilst we use our best efforts to ensure that Products are available for delivery, there may be some circumstances where Products are unavailable.

    Where we cannot fulfil your Order, or a part of your Order, we will notify you within a reasonable time after you submit your order.  Please note that we may need to reject your Order or reject part of your Order for this reason.

    If your Order is rejected or cancelled for this reason, we will refund in full all amounts you have paid in respect of such unavailable Products.  Alternatively, we may contact you to advise you of a delay in restocking a particular Product and a delay in the estimated delivery date of your Order.  In this case, you may elect to proceed with your Order on the basis of a delayed delivery date, cancel your Order or select an alternative Product. If you do not vary or cancel your Order within 1 business day of notification, you are deemed to have accepted the delay in delivery.

    • Product recalls and bans
    • If any Products are subject to a product recall or ban, you agree to follow any reasonable instructions provided by us regarding return or destruction of such Products and you consent to us contacting you and you agree to inform any end-user of the Products, including any gift recipient, of any product recall applicable to such Products.

     

    4.    Prices and payment

    We reserve the right to vary, amend, add or remove payment methods, prices or Products offered via the Services from time to time in our sole discretion as we see fit, without notice.

    Prices

    The prices of the Products shall be those specified by Tony Bianco to you from time to time on the Website.  Prices quoted on the Website are indicative only and are subject to change. All prices on the Website are inclusive of Australian GST and exclusive of postage and packing, which are calculated at check-out.

    A summary of the postage and packing charges can be found on our SHIPPING INFORMATION page. Prices on the Website may differ from those in Tony Bianco's stores.

    Payment

    Full payment of the purchase price is required at the time of placing your Order, this includes the purchase price plus any delivery fees and applicable duties and taxes. Payment is charged/debited at the end of the complete check-out process. We will not accept any orders which have not been paid for in full.

    Payment may be made by the methods approved by Tony Bianco.

    You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means.  If your payment is not able to be successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.

    5.    Returns and refunds

    Returns, refunds and faulty Products will be handled in accordance with our Returns Policy.

    6.    Shipping and delivery

    Australian Orders

    You acknowledge and agree that Orders placed on the Website may only be delivered within Australia and that any Order placed on the Website with an international delivery address may be cancelled and refunded by Tony Bianco (except any costs incurred by Tony Bianco associated with your Order, such as international bank or processing fees).

    Delivery

    Delivery of the Products (Delivery) is taken to occur at the time that:

    • you, or your nominated courier takes possession of the Products at the address specified by Tony Bianco; or
    • Tony Bianco (or Tony Bianco’s nominated courier or postal service) delivers the Products to the delivery address that you have provided, even if you are not present at the address.

    You must take delivery by receipt or collection of the Products whenever they are tendered for delivery.

    In the event that you are unable to take delivery of the Products as arranged, then Tony Bianco shall be entitled to charge a reasonable fee for redelivery and/or storage of the Products.

    Any delivery date or time specified by us is an estimate only and you agree that you will still accept delivery of the Products even if they are delivered on a different date or time.  Tony Bianco will not be held liable for any loss or damage suffered as a result of any delay in delivery.  However, if the Products are not delivered within a reasonable time after the estimated date, please contact us.

    7.    Passing of Risk and Property

    Risk of loss or damage to, and title to, the Products shall pass to you upon Delivery of the Products.

    8.    Promotions and discounts

    Unless otherwise stated, promotional offers, including but not limited to store-wide discounts, package deals and coupons, cannot be used in conjunction with any other offer.

    Tony Bianco reserves the right to:

    • terminate, modify or extend any promotional offer at any time, without notice; or
    • cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.

    9.    Loyalty Program

    Tony Bianco offers a loyalty program to its customers.  Please see the Loyalty Program Terms and Conditions for more information.

    10. Warranties and liability

    You understand and agree that you are responsible for your own acts, omissions and negligence and if there are any consequences to your acts, omissions or negligence or through your use of the Services, that you will be responsible for those consequences.

    To the maximum extent permitted by law, Tony Bianco’s liability under these Terms shall be limited to any one or more of the following:

    • the replacement of the Products or re-supply of equivalent Products;
    • the repair of such Products;
    • the payment of the cost of replacing the Products or of acquiring equivalent Products or a refund of the purchase price; or
    • the payment of the cost of having the Products repaired.

    To the extent permitted by law, Tony Bianco expressly disclaims all warranties of any kind unless expressly stated in the Services or if required under Australian Consumer Law.  Nothing in these Terms purports to exclude any rights or remedies in respect of Products under the Australian Consumer Law which cannot be excluded, restricted or modified.

    11. Customer Services

    If you have any comments with regards to the service you have experienced in placing orders on, or using, this Website please contact our customer services team:

    Tony Bianco

    Freecall 1800 790 799

    4/29 Cromwell St, Collingwood VIC 3066.

    Email enquiries@tonybianco.com.au

    Ph 03 8413 3400, Fax 03 9417 4760

     

    1.       Website Terms
    1.    Intellectual Property

    The Website, and all the text, information, user interfaces, photographs, trademarks, logos, artwork and graphic representations or images on it, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content (Content), are owned by, or licensed to Tony Bianco. All intellectual property rights in the Content, including in copyright, are the sole and exclusive property of Tony Bianco or its licensors.

    You may view, access and use the Website on your computer screen and print its contents on your printer on a limited, revocable, non-sublicensable licence for your personal and non-commercial use only. For the avoidance of doubt, anything printed will form part of the Content.  Without Tony Bianco's written consent, you may not use, transfer, copy, publish or reproduce any part of the Content, this website or its source HTML code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing its content. This includes electronic reproduction by uploading or downloading.

    You warrant that it is legal for you to view this site in the jurisdiction to which you are subject. You are responsible for compliance with all laws of that jurisdiction, in viewing, accessing or using the Content.

    Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of Tony Bianco’ intellectual property rights, whether by estoppel, implication or otherwise. Tony Bianco reserves all rights not expressly granted in these Terms.

    2.    Using the Website

    Wherever you are asked to provide information in connection with the Website, you agree to provide true, accurate, current and complete details.

    You agree not to:

    • impersonate another person or use a false name or a name you are unauthorised to use, or create a false identity or origin or e-mail address or try to mislead us or others as to identity or origin of any communications or to provide inaccurate or unreliable contact details;
    • modify, access or make available data stored on a computer or device which you have accessed through our network, when either: the owner of the data, computer or device has taken steps to prevent you from doing this; or the owner has expressed a wish that you do not do this;
    • make available or upload files that contain software or other material, data or information not owned by or licensed to you or collect information about others (eg. names/addresses) without their prior consent;
    • damage, interfere with or disrupt access to the Website or do anything which might impair its functionality;
    • use the Website in any way to send unsolicited (commercial or otherwise) e-mail ("Spam") or any material for marketing or publicity purposes, or any similar abuse of either;
    • publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;
    • make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "trojan horses", "worms", or any other harmful software;
    • falsify the true ownership of software or other material or information contained in a file made available via the Website; or
    • obtain or attempt to obtain unauthorised access, through whatever means, to the Website.
    3.    Our use of your Personal Information

    We may collect and use your Personal Information in accordance with our Privacy Policy.

    4.    No unlawful or prohibited use

    You undertake to Tony Bianco that you will not use the Website for any purpose or in any way that is prohibited by these Terms or is otherwise unlawful and that you will not attempt to, or actually gain, unauthorised access to our Website, the server on which our Website is stored, or any server, computer or database connected to our Website or cause harm to our Website or Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Website, Services or other users of our Services.

    You agree to indemnify Tony Bianco, its officers, employees, and licensors in respect of any loss that it or they may suffer as a result, directly or indirectly, of any breach by you of this undertaking.

    5.    Unauthorised access, virus protection and compatibility

    While certain precautions have been taken to detect computer viruses and ensure security, Tony Bianco cannot guarantee that the Website is virus-free and secure.

    To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise arising out of or in connection with any website downtime, any breach of security, any malicious or harmful programs, viruses, scripts or technologies that may affect our Website as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.

    Tony Bianco does not give any warranties as to the compatibility of the Website with your computer systems, software and/or hardware.

    6.    Termination

    Tony Bianco may, in its sole discretion:

    • modify or discontinue, temporarily or permanently, your access to or use of the Website with or without notice;
    • restrict your access to the Website, refuse to correspond with you, and/or remove your details from the relevant database without prejudice to any other accrued rights, without prior notice to you for any reason, including where:
    • there is a regulatory or statutory change limiting the ability to provide access to the Website;
    • there is any event beyond the reasonable control of Tony Bianco preventing Tony Bianco from providing access to the Website (for example, and without limitation, technical difficulties, capacity problems and communications failures); or
    • Tony Bianco considers in its sole discretion that you are abusing the Website or are otherwise acting in breach of these Terms.

    Without prejudice to any other remedies, Tony Bianco may:

    • cancel all or any part of any order or suspend or terminate the supply of Products to you with written notice if, at any time you are in breach of any obligation (including those relating to payment) under these Terms; or
    • terminate these Terms and the Services, in our absolute discretion, at any time and without notice to you and in such instance will complete or cancel, and refund, any orders placed prior to the date of termination, at our election.

    If we cancel an order and you are not in breach of these Terms we will issue you with a full refund of the purchase price of any Products paid for but not supplied.  To the maximum extent permitted by law, Tony Bianco will not be liable to you for any further loss or damage you suffer because Tony Bianco has exercised its rights under this clause or these Terms.

    7.    Third Parties

    Our Services may, from time to time, contain links to and from websites which are owned or operated by other parties.  Links on the Website to third parties do not constitute sponsorship, approval or endorsement of the content, policies, practices or services offered by those parties unless expressly stated by us in writing.

    Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms.  We do not accept any liability for any information on, or the privacy practices of, any third party websites.

    8.    Limitation of Liability 

    To the maximum extent permitted by law, neither Tony Bianco, nor any of its employees or agents, will be liable for any loss, damage or injury whatsoever (including for negligence, death, injury or illness and special, indirect or consequential loss or damage such as loss of profits, loss of revenue, loss of goodwill, loss of opportunity, unavailability of systems or loss of data), whether in contract, tort or otherwise, arising from or in connection with:

    • any act, omission or negligence or the use of, or reliance on, information, comments or opinions contained obtained through or in our Services;
    • any use of the information on, or access to, the Services including if for any reason our Website is unavailable at any time or for any period;
    • any errors in, or omissions from, the information contained on this Website;
    • any Products supplied by Tony Bianco; or
    • these Terms or any breach of these Terms.
    9.    Disclaimer of Warranty 

    In preparing this Website, Tony Bianco has endeavoured to offer current, correct and clearly expressed information. However, Tony Bianco cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information. Tony Bianco provides this Website and its contents on an “as is” basis and use of this information is at your own risk. 

    Tony Bianco makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on this Website for any purpose. Tony Bianco expressly disclaims all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose to the extent permitted by law.

    To the maximum extent permitted by law, Tony Bianco will not be liable for any errors or inaccuracies in any advertising material.

    10. Release and Indemnity 

    You agree to release and indemnify and hold Tony Bianco and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of Products purchased from Tony Bianco, your use or access of the Website and Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party. 

    11. Amendments

    Tony Bianco reserves the right to amend or modify these Terms in its absolute discretion from time to time without individual notice to you.  Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to Orders placed prior to the publication of any varied terms.  You will be deemed to have accepted any modifications if you continue to use the Website after they have been posted.

    Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on our Website, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.

    Tony Bianco reserves the right to amend any errors in the Services, including any pricing errors, and amend any prices and Products, at any time without notice to you.

    We reserve the right to change or withdraw any Products, information or content featured on the Website or provided through our Services without notice.  You acknowledge and agree that we retain complete editorial control over our Website and may alter, amend or cease the operation of the Website at any time in our sole discretion.

    12. General

    Waiver: Any failure or delay by Tony Bianco in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Tony Bianco from exercising that power or right or any other power or right.  To the maximum extent permitted by law, we are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.  This clause survives termination of these Terms.

    Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation.  You agree that Tony Bianco will not be held liable for any delay or failure in performance of any part of the Services or delivery of Products.

    Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms.  Such invalidity does not affect the validity of the remaining provisions of these Terms.  This clause survives termination of these Terms.

    Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Tony Bianco and you or any other party unless expressly stated otherwise.

    Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings.  Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail.  This clause survives termination of these Terms.

    Jurisdiction: These Terms are governed by the laws of Victoria, Australia.  You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria and its appellate courts.  Although the Services may be accessed throughout Australia and overseas, we make no representations or warranties that its content, or the Products, comply with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and are responsible for ensuring compliance with all laws in the place where you are located.  This clause survives termination of these Terms.

    13. Copyright and trade mark notices

    “Tony Bianco” is a registered trade mark of Bianco Retail Pty Ltd.

    All contents of this website are: Copyright 2004-2018 Bianco Retail Pty Ltd.

  • Privacy Policy

    Tony Bianco takes your privacy and the security of your financial information seriously. Please read the following information to learn more about how we protect your information.

    1.        Introduction

    Tony Bianco recognises the trust you are placing in us when you become our customer. Under law, your rights to privacy are also protected. Privacy laws place strict requirements on us to treat certain information collected as confidential, to store your information securely and to allow you easy access to check and correct your inforWmation.

    This Privacy Policy explains how we gather information about you and how we may store, maintain and use that information. Our Privacy Policy applies to this website and to any other website created or hosted by us from time to time on which this Privacy Policy appears.

    This Privacy Policy is incorporated by reference into our TermsAny capitalised terms not defined in this Policy are defined in the Terms.  You agree to comply with all Terms when accessing or using our Services, including this Privacy Policy.

    By accessing and using our website and Services, you warrant and represent to us that you are 16 years of age or older or you have the consent of your parent or guardian and you agree that you are consenting to the collection of information by us in accordance with this Privacy Policy. 

    2.        What information do we collect and how is it collected?

    At times, we are required to collect Personal Information as defined in the Privacy Act (including Sensitive Information as defined in the Privacy Act) for the purposes set out in this Policy.

    Some of the information we may collect from you includes:

    • your name and contact details, such as your physical address, email address and phone number;
    • your gender, shoe size and date of birth;
    • your purchase history;
    • the name of the domain from which you access the internet;
    • the date and time you access our sites; and
    • the internet address of the website from which you linked directly to our sites.
    2.1.     Personal Information provided by you

    We collect information that you knowingly and voluntarily provide to us via use of our Services as well as through any other means used to contact us (such as email, phone, live chat, contact forms or social media).

    The kinds of Personal Information we collect include your contact and payment information such as your name, email address, organisation, address, phone number, mobile number, password, billing information.

    For example, we may need to collect such information to provide you with further services, register your membership to our Services or to answer or forward any requests or enquiries.  We may also collect information about whether you opt-in or opt-out of our newsletters or promotional material.

    2.2.     Automatically collected Personal Information

    We automatically record information from your device and its software when you access our Services, including your IP address, web browser and device type, internet service provider, mobile phone carrier, platform type, the website from which you came and the website to which you are going when you leave our Website, date and time stamp and cookies that may uniquely identify your web browser or account.

    When accessing our Services using a mobile device, we may also receive and collect identification numbers associated with your device, mobile carrier, device type and manufacturer, and, if enabled, geographical location data (including GPS).  Please note that some of the information we collect, for example an IP address, can sometimes be used to approximate a device's location.

    2.3.     Personal Information collected via cookies

    We make use of “cookies” on our websites. A cookie is a small software message sent to your web browser by our web server. Your web browser stores the message in a file and the message is then sent back to our servers each time your web browser requests a page from our servers.

    We use cookies to gain statistics on which areas of our sites attract traffic. We also use cookies to improve your experience of our websites. For example, cookies allow us to recognise whether or not you are returning to our websites. In addition, we make use of third parties who use cookies to serve ads based on past visits to our website. This may allow us to alert you to products or offers which we think you might be interested in viewing.

    Most Internet browsers are set up to accept cookies. If you do not wish to receive cookies, you will need to adjust the settings of your web browser to refuse all cookies or to notify you each time a cookie is sent to your computer.

    We also use Google Analytics, which allows us to anonymously track the use of our Website by recording the number of users who have visited, the number of pages viewed, navigation patterns, what systems users have and the date and time of visits through cookies. This information is collected for statistical purposes only and cannot be used to identify you.

    3.        For what purposes do we collect and use Personal Information?

    We collect your Personal Information as outlined in this Privacy Policy for the purposes described below:

    • for provision of, and administration of, the Services, including:
      • creating a loyalty account;
      • accepting customer orders;
      • processing online purchases and payments;
      • dealing with customer service requests (including via social media);
      • processing credit card payments;
      • arranging product holds;
      • receiving prize application forms;
      • accepting gift voucher payments;
      • processing cash refunds; and
      • maintaining detailed information on our websites;
    • for communication with you and to provide messaging and/or communications to you in association with the functions and features of the Services;
    • for communicating to you any announcements and updates, updated terms, conditions and policies, security alerts, technical notices, purchase confirmation, invoices, support and administrative messages;
    • for analysis, monitoring, development and improvement of our Services, including in relation to other products or services;
    • for security purposes, including to protect the Services and our property from abuse, fraud, malicious, unauthorised access or potentially illegal activities, and to protect our rights, safety and property and that of our other users;
    • for sending marketing communications to you, including notifying you of promotional or special offers, contests and rewards, upcoming events and other news about products and services offered by us and use of our Services; and
    • for the performance of other functions described at the time of collection or as consented to in relation to our Services.
    4.        How do we store and protect your Personal Information?
    4.1.     Security and Storage of Personal Information

    We understand the importance of your Personal Information and have appropriate procedures in place to safeguard and secure the information we collect to prevent unauthorised access or disclosure, maintain data accuracy and ensure the appropriate use of information.

    We take website and credit card security extremely seriously and always endeavour to provide a secure and safe platform from which to conduct online transactions.  We use the industry standard Secure Sockets Layer (SSL) protocol, which encrypts information as it is transmitted over the internet. This encryption scrambles details such as credit card numbers, billing details and delivery addresses so that other computers are unable to decipher the information, ensuring privacy and security.

    Your Personal Information is stored in secured, encrypted servers located in the United States of America and Australia (e.g. in data storage and cloud computing facilities operated by us or by third parties on our behalf).

    It is important for you to protect your account against unauthorised access. Ensure you sign out when you have finished visiting our websites especially if you have accessed the websites from a shared computer.

    4.2.     Storage of Personal Information on third party platforms

    Sometimes we use third-party platforms and services to process sales, store and analyse data and information, provide web support, send marketing messages, deliver products or otherwise deliver information (Third-Party Platform).  These Third-Party Platforms are hosted and managed by organisations other than ourselves, and some of these services are hosted overseas, including in the United States of America and Australia.  These Third-Party Platforms may include Shopify, PayPal, and Afterpay.

    The privacy policies and terms and conditions of relevant Third-Party Platforms will apply.  It is your responsibility to read, agree to and comply with such privacy policies and terms and conditions.  The Third-Party Platform may collect, transmit or store data such as your full name, address and billing address, billing and payment information, phone number and email.

    You acknowledge and agree that Tony Bianco has no control over the security or privacy of Personal Information collected by Third-Party Platforms and that Tony Bianco is not liable for any loss or damage to you in connection with any breach of this Privacy Policy or any data breach by any Third-Party Platform.  To the maximum extent permitted by law, Tony Bianco shall not be liable for the act, omission, negligence or the conduct of any such Third-Party Platform.

    4.3.     Destroying and de-identifying Personal Information

    We reserve the right to maintain and store any information or data where we reasonably believe, in our sole discretion, that such action is required to comply with any legal or regulatory obligations, to prevent criminal or other unlawful activity whether immediate or in the future, or where we have a legitimate business reason to do so, including collection of amounts owed, resolving disputes, enforcing our Terms or for record keeping integrity.

    We destroy or de-identify your Personal Information where it is no longer needed for the purposes outlined in this Privacy Policy.  If the GDPR applies to you and you have not contacted us or placed an order in the past two years, we will delete your Personal Information.

    You may contact us at any time to request permanent deletion of your Personal Information from our system, however such requests may limit or prevent us from providing the Services to you.

    5.        Who can access your Personal Information and to whom is it disclosed?

    Disclosure of your Personal Information will occur in accordance with the purpose for which it was collected or as outlined in this Privacy Policy.  Accordingly, your Personal Information may be disclosed to other individuals and companies as outlined below:

    5.1.     Tony Bianco, Related Bodies Corporate

    Your Personal Information may be accessed by us, including our directors, officers, employees and contractors.  You consent to us providing your Personal Information, including Sensitive Information to our Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)).

    5.2.     Service providers

    Your Personal Information may also be accessible to our third-party service providers, such as our website host and technical support providers.  We may procure such third party service providers for the purposes of enforcement of our terms and conditions, providing fraud detection and prevention services, processing payments, delivering goods or providing analytics services.  We may also share your Personal Information with our business partners who offer goods or services to you jointly with us (for example, contests or promotions).

    The countries this information may be disclosed to will vary from time to time, but may include Australia, New Zealand, and the United States of America. We use reasonable steps to ensure that these parties are either governed by substantially similar, accessible and enforceable laws to the Australian Privacy Principles or adhere to the Australian Privacy Principles, however to the maximum extent permitted by law, we are not liable for the privacy practices of such parties.  By accessing, registering, using or subscribing to our Services, you acknowledge and consent to disclosure of Personal Information to such overseas recipients.

    If the GDPR applies (as defined in clause 11), transfers of your Personal Information to another country or international organisation will only take place in accordance with the GDPR, where that country or organisation has provided appropriate safeguards and on the condition that you have enforceable data rights and effective legal remedies.

    Where Personal Information is shared with these third parties, they are obliged to observe the confidential nature of such information and are prohibited from using any or all of this information other than for the purpose for which it was provided. 

    5.3.     Parties required by law

    Your Personal Information may be disclosed by us to any party to whom we are required by law to provide your Personal Information and to any party to whom disclosure is permitted under the Australian Privacy Principles.

    5.4.     Other third parties

    We may share your Personal Information where we have reason to believe that doing so is necessary to identify, contact or bring legal action against anyone damaging, injuring, or interfering (intentionally or unintentionally) with our rights or property, users, or anyone else who could be harmed by such activities.

    We will also disclose Personal Information to a law enforcement agency if we are requested to do so by that agency in relation to suspected unlawful activity.

    We may also share your Personal Information with third parties with your consent in a separate agreement, in connection with any company transaction (such as a merger, sale of assets or shares, reorganisation, financing, change of control or acquisition of all or a portion of our business by another company or third party) or in the event of bankruptcy, dissolution, divestiture or any related or similar proceedings.

    Note that we reserve the right to share your Personal Information with other third parties where, in our sole discretion, it is required to:

    • investigate and defend ourselves against any third party claims or allegations;
    • protect against harm to the rights, property or safety of Tony Bianco, its users or the public as required or permitted by law; and
    • detect, prevent or otherwise address criminal (including fraud or stalking), security or technical issues.
    6.        Promotional communications

    You agree and expressly consent to us using or disclosing Personal Information (other than Sensitive Information) to keep you informed about our products and services and other products and services that we consider may be of interest to you.  We may use or disclose Sensitive Information about you for the purpose of direct marketing if you have consented to the use or disclosure of the information for that purpose.

    We want to communicate with you only if you want to hear from us. If you would prefer not to receive promotional information from us, please let us know by clicking on the “unsubscribe” or “update your preferences” at the bottom of any of our communications, or by clicking into your account and manage the level of communication which you want to receive from us.

    7.        Third party websites

    When you click on links and banners on our Website that takes you to third-party websites, you will be subject to that third party's privacy policies and we recommend that you make your own enquiries as to their privacy policies.  While we support the protection of privacy on the internet, we cannot be held responsible for the actions of any third party websites.  We do not make any representation about and are not liable for any information on, or the privacy practices of, any third-party websites, whether or not linked from our Services.

    8.        Access and corrections to your information

    You may review, change or delete Personal Information related to your use of our Websites. To access your information, simply sign into your account and visit your account dashboard. If you would like to know what information we hold about you, please contact our Privacy Manager via the details set out at the bottom of this page.

    If you discover that there is an error or information is missing, please update your details online by signing in and editing the relevant details on your account dashboard.

    We will try to ensure that all information we collect, use or disclose about you in accordance with this Privacy Policy is accurate, complete and up-to-date. We expect that you will promptly notify us of any changes to your Personal Information.

    If you hold multiple accounts with us through our loyalty program, we may combine your accounts to create one profile. Prior to doing this, we will take reasonable measures to ensure we have verified your membership details and that all the accounts belong to you.

    9.        Privacy complaints

    If you believe that we have breached your privacy rights in any way, or if you would like to discuss any issues about our privacy policy please contact our Privacy Manager on privacy@tonybianco.com

    All such enquiries or complaints will be taken seriously and handled with impartiality and discretion.

    If you wish to submit a complaint, please provide us with all relevant details such as the date and time of the incident or communication, the circumstances surrounding the event and your concerns about what was said or done.  You will also receive an acknowledgment from us within 7 days confirming receipt of your complaint. 

    Once you have submitted your complaint we will assess it to determine whether or not you have complained about a privacy issue which is governed by the relevant privacy laws. If you have complained about something which is not governed under the privacy laws, we will write to you and explain why our Privacy Manager is unable to address your complaint.

    If you have complained about something which is governed by the privacy laws, we will thoroughly investigate all aspects of your complaint including ascertaining the relevant facts and what your expectations are for any resolution.  During our investigation we may need to seek further information from you as to the circumstances surrounding your complaint.

    At all times, we will endeavour to respond to you and to offer a practical solution which is consistent with our legal obligations.

    If you are not satisfied with our handling of your complaint or if we have not replied to you within a reasonable period of time, then you are entitled to make a complaint to the Office of the Australian Information Commissioner or, if you are in the EU, a data protection authority or supervisory authority.

    10.   Amendments

    We reserve the right to vary this Privacy Policy from time to time as we see fit.  While we will endeavour to notify you as soon as reasonably possible of any changes to this Privacy Policy by email or by a notice on our Website, it is your responsibility to keep up to date with any changes or amendments by checking this page prior to using our Services.  This page contains our most accurate and up to date version of our Privacy Policy.

    11.   Contact us

    Please address all enquiries, updates, requests and complaints to our Privacy Officer at the details below:

    Attention: Privacy Officer

    Company: Bianco Retail Pty Ltd trading as Tony Bianco

    Email: enquiries@tonybianco.com

    Phone: 1 800 790 799

    Postal Address:

    4/29 Cromwell Street

    Collingwood VIC 3066

    Australia

    12.   Application of GDPR

    For the purpose of clarity, data processing of individuals in the European Union (EU) is carried on only occasionally and as such, no EU representative has been designated, however the General Data Protection Regulation (GDPR) (EU) 2016/679 may apply to you if you are resident of, reside in or are located in the EU.

    If the GDPR applies, in this Privacy Policy, “Personal Information” shall also include the definition of “Personal Data” under the GDPR and terms that are defined in the GDPR shall be defined in this Privacy Policy in accordance with the GDPR.

    If the GDPR applies, this paragraph applies in addition to the above paragraphs to the extent that we are acting as a “Data Controller” with respect to your Personal Information.

    12.1. Consent and right to withdraw consent

    By clicking accept to this Privacy Policy or otherwise notifying us of your acceptance of this Privacy Policy, you agree that you are providing express, freely given consent to us processing your Personal Information for the purposes outlined above and that we may lawfully process your Personal Information on the basis of this consent.

    To the extent that our legal basis for processing your Personal Information is consent, you have a right to withdraw consent to the collection of your Personal Information at any time by sending us a written request to do so via the contact details above.

    12.2. Legal Basis

    Our legal bases for collecting and processing your Personal Information for the purposes listed above may be:

    • your express consent;
    • for our legitimate interests in providing information about the Services to you or providing the Services to you and improving and developing the Services; and/or
    • in order to perform a contract (whether verbal or written) for you in order to provide paid Services to you.
    12.3. Your rights

    We have summarised your rights under the GDPR, but please note that not all of the details of your rights have been included in these summaries.  Please ensure to read the relevant laws and guidelines for a full explanation of these rights.

    You may exercise these rights by contacting us to notify us of the rectification or provide information to complete your Personal Information.

    • Right of access

    You have a right to obtain confirmation as to whether or not your Personal Information is being processed and, if so, you may request access to that Personal Information and further information including the purposes of the processing, the categories of Personal Information concerned and the recipients of the Personal Information. The first copy of such information will be provided free of charge, but additional copies may be subject to a reasonable fee.

    • Right of rectification

    You have the right to obtain the rectification of inaccurate Personal Information concerning you and you have the right to have incomplete Personal Information completed.

    • Right to erasure

    You have the right to obtain the erasure of your Personal Information without undue delay if:

    • the Personal Information is no longer necessary in relation to the purposes for which they were collected or otherwise processed;
    • you withdraw consent to consent-based processing;
    • you object to the processing under certain rules of the GDPR; or
    • the Personal Information has been unlawfully processed.

    However, there are exclusions of the right to erasure such as where processing is necessary to exercise the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest, or for the establishment, exercise or defence of legal claims.

    • Right to restriction of processing

    You have the right to restrict the processing of your Personal Information if:

    • you contest the accuracy of the Personal Information;
    • processing is unlawful, but you oppose erasure;
    • we no longer need the Personal Information for the purposes of our processing, but you require Personal Information for the establishment, exercise or defence of legal claims; or
    • you have objected to processing, pending the verification of that objection.

    Where processing has been restricted on this basis, we may continue to store your Personal Information, however we will only process it with your consent, for the establishment, exercise or defence of legal claims, for the protection of the rights of another natural or legal person, or for reasons of important public interest.

    • Right to data portability

    To the extent where your Personal Information has been provided based on consent, under a contract, or where processing is carried out by automated means, you have a right to receive Personal Information concerning you in a structured, commonly used and machine-readable format and you have a right to transmit that data to a Data Controller, except where this would adversely affect the rights and freedoms of others.

    • Right to object

    You have the right to object to our processing of your Personal Information for direct marketing purposes. If you make such an objection, we will cease to process your Personal Information for this purpose.

1.   Introduction

We want you to love your Tony Bianco Purchase, if you don’t please see our returns policy (Returns Policy) below.

This Returns Policy applies to all returns of purchases made on our Website and in physical Tony Bianco stores. This Returns Policy is incorporated by reference into our Terms and Conditions (Terms) and any capitalised terms not defined in this Returns Policy are defined in the Terms. You agree to comply with all Terms when accessing or using our Services, including this Returns Policy.

Please note that this Returns Policy only applies to purchases made on the Website and in physical Tony Bianco stores and does not apply to purchases from third party stockists such as department stores.  Such purchases are subject to the returns policies of the relevant store and returns must be processed at the store of the business where the original purchase was made.

2.   Returns process

Returning a Product in-store

If you are returning a Product to a Tony Bianco store, simply bring the Product plus your proof of purchase and any other requirements set out in this Returns Policy (such as original packaging) to the store and a Tony Bianco representative will assist with your return.

Returning a Product online by post

You may only return a Product by post if it was originally purchased online.  If you are returning a Product by post, please ensure that the Products meet the conditions set out in this Returns Policy, complete the online return form attached to this Returns Policy and provide a copy of your invoice and book your return via the Parcel Point link in the online return form.

3.   Returns for change of mind

Tony Bianco may accept a return for change of mind subject to your compliance with the Change of Mind Return Conditions outlined below.  You acknowledge and agree that you will be responsible for all transportation costs for a change of mind return.

Change of Mind Return Conditions

Except in the case of Faulty Products, Tony Bianco will only accept a return for change of mind if:

  • for purchases delivered within Australia, the return is received by Tony Bianco within 14 days of the date specified on your receipt or order confirmation;
  • for purchases delivered outside of Australia, the return is received by Tony Bianco within 30 days of the date specified on your receipt or order confirmation;
  • the Product is not a Tony Bianco gift voucher, “made to order” style or accessories such as shoe care, hat, watches or jewellery product;
  • the Products are unworn and undamaged, in their original condition with all original tags attached and in their original packaging; and
  • proof of purchase in the form of your receipt or invoice from Tony Bianco has been provided with your return request.

Any Product returned which does not meet the Change of Mind Return Conditions and will be sent back to the sender, at the sender’s cost.

To the maximum extent permitted by law, Tony Bianco reserves the right to refuse a return for a change of mind at our sole discretion, including on the basis of a failure to adhere to these Change of Mind Return Conditions or a failure to comply with this Returns Policy.

Full priced Products

Subject to the Change of Mind Return Conditions, full priced Products may be returned following our Returns Process for change of mind to receive a full refund, exchange or store/online credit, at our election.

Reduced or sale Products

Subject to the Change of Mind Return Conditions, Products purchased at full price as part of a special promotion may be returned following our Returns Process to receive an exchange or Tony Bianco store/online credit, at our election.

Except in the case of is Faulty Products, Products purchased at a reduced or discounted price (Sale Products) are final sales and no returns for change of mind will be accepted.

4.   Faulty returns

If you would like to return a Product that is faulty or that may be returned as otherwise required by Australian Consumer Law (Faulty), Tony Bianco will accept returns as set out below.

If you believe your Product is Faulty, you may, within a reasonable time after purchase, make a return via our Returns Process and the return will be dealt with as set out below.

In-store Faulty Returns

If, after assessment of the Product by a Tony Bianco representative, the Product is deemed to be faulty, Tony Bianco will issue you with a repair, replacement or refund for the Faulty Product subject to our obligations under the Australian Consumer Law.

Posting Faulty Returns

Once we receive your Online Return Form and the relevant Products, the Products will be assessed by us.  If they are deemed to be Faulty, we will provide you with a repair, replacement, refund on the faulty Product subject to our obligations under the Australian Consumer Law plus a refund of the return shipping costs incurred by you.

To the maximum extent permitted by law, Tony Bianco shall not be liable for any defect or damage to the Product which may be caused, or partly caused, by or arise as a result of:

  • you failing to properly maintain or store the Product;
  • you using the Products for any purpose other than that for which they were designed;
  • you failing to follow any instructions or guidelines provided by Tony Bianco;
  • fair wear and tear; or
  • any natural disaster, outside forces or accident.

5.   Consumer Guarantees

This Returns Policy is not intended to replace or exclude any rights available to you under the Australian Consumer Law. Our Products come with warranties and guarantees that cannot be excluded under the Australian Consumer Law (Consumer Guarantees). You are entitled to a replacement or a refund for a major failure and for 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. This Returns Policy is not intended to replace or exclude any rights available to you under the Australian Consumer Law.

6.   Delivery and Shipping

Except in the case of returns of Faulty Products, original shipping charges are non-refundable and shipping charges for change of mind returns are your responsibility. You acknowledge and agree that Tony Bianco will not be liable for missing deliveries of returned Products.

7.   Return tender

Where your return is exchanged for Tony Bianco online store credit, if you do not have an account on our Website, we will contact you to create one so that credit can be added to your account.

If you are entitled to a refund, your refund will be returned in the same manner as your original payment method. Please note that processing of refunds can take up to 7 business days to show on your account due to varying processing times between payment providers.

8.   Replacements and Exchanges

Please note that we may not be able to offer a replacement or exchange on some Products if there is no longer stock available. If your return is accepted by us and no replacement or exchange is available, you may be offered Tony Bianco store/online credit or a refund in accordance with this Returns Policy.  Please note that we do not offer returns for change of mind on Sale Products.

9.   Amendments

This Returns Policy may be amended from time to time by Tony Bianco, without prior notice. Any purchase from us following any such amendments will be deemed to be confirmation that you accept those amendments. We recommend that you check our Terms, before making any purchases.

10.   Contact us

If you have any enquiries regarding your return or our Returns Policy, you may contact us via the methods set out on our Website.