Returns and Cancellations Policy

Swoop Baby Pty Ltd (ABN 99 683 273 734) ("we", "us" or the "Company") prides itself on providing products and services of the highest quality and is committed to customer satisfaction. This returns & cancellations policy describes generally how we manage product returns and service cancellations.

Returns, refunds and cancellations are governed by, and remain subject to, our Website Terms of Use and Client Services Agreement (as they apply to your purchase). In the event of any inconsistency, the Client Services Agreement prevails.

1. Business Days

In this returns and cancellation policy, "Business Day" means a day (other than a Saturday, Sunday or public holiday) when banks in Sydney, New South Wales are open for business.

2. Australian Consumer Law

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

A product or good has a major failure when it:
1. has a problem that would have stopped someone from buying it if they'd known about it;
2. is significantly different from the sample or description;
3. is substantially unfit for its common purpose and can't easily be fixed within a reasonable time;
4. doesn't do what you asked for and can't easily be fixed within a reasonable time; or
5. is unsafe.
In respect of services, a major failure occurs when it:
1. has a problem or a series of small problems that would have stopped someone from buying it if they'd known about it;
2. is significantly different from its description;
3. is substantially unfit for its common purpose and can't easily be fixed within a reasonable time;
4. doesn't do what you asked for or achieve the result you seek and can't easily be fixed within a reasonable time; or
5. is unsafe.
Importantly, the rights described in this policy are in addition to the statutory rights to which you may be entitled under the Australian Consumer Law and other applicable Australian consumer protection laws and regulations.
Please note there may be limitations on your right to return and obtain a refund for products and services, however these limits will always be subject to your statutory rights.

3. Product Refunds & Returns

Refunds

Swoop Sleep Swaddles – Money Back Guarantee

We offer a 100% money back guarantee on our Swoop Sleep Swaddles for eligible refund requests. This guarantee does not include shipping costs.

To be eligible for the 100% money back guarantee on the Swoop Sleep Swaddles:

You must notify us of your intention to return your purchase before shipping it to us and provide your proof of purchase. When providing this notice, you may also advise if you'd like to receive a credit for the value of your purchase, or a replacement item of equivalent value (which we may reject in our discretion).
You must post the return item within 10 Business Days of you receiving it from us.
The item must not be broken, damaged, or tarnished.
You must pay for return shipping.

If we do not receive notice of your intention to return along with proof of purchase, the item is not shipped within 10 Business Days of delivery of the item, if the item exhibits signs of damage, excessive use, such as (but not limited to) pet hair, reattached tags, smells or odours, marks, or otherwise does not comply with the requirements set out above, you may not be eligible for a refund.

Other Product Refunds

Aside from the Swoop Baby Swaddles Money Back Guarantee, we do not offer refunds or returns for change of mind.

Refunds will only be made to the extent required by Australian Consumer Law.

If you are otherwise not satisfied with any item that you receive from us, please see below process for assessment of eligibility for returns.

Returns

Replacement or credit as remedy

We will assess each return request on a case-by-case basis and, in some circumstances, we may provide a credit or replacement at our discretion.

Returns Process

Notice: For assessment of your purchase for eligibility to receive a replacement or credit, you must send us a notice outlining your concerns or the basis of your dissatisfaction with the purchased item, including images and/or videos to support your request, as soon as possible after delivery. We will notify you whether your request has been rejected, accepted or (for physical products) whether the item may be shipped to us for further assessment.

Return: If we notify you that your item may be shipped to us for further assessment, you must return the item to us along with its original packaging.

Assessment: We will assess the circumstances (including analysing the returned item, if considered appropriate by us) to ascertain whether or not the Company is at fault and:

(Company at fault) if we consider that the Company is at fault, we will provide a full replacement of the item (or a credit at our discretion); or
(Company not at fault) if we consider that the Company is not at fault, then we will not provide any replacement or credit. For physical products, you may elect to have the item returned to you and we will notify you of associated shipping costs.

Shipping costs

In all cases, you must pay the costs involved in shipping the returned product back to the Company, or having the item returned to you. If we consider that the Company is not at fault, then no reimbursement in respect of those shipping costs will be provided. If we consider that the Company is at fault, then we will reimburse you for your reasonable shipping costs incurred in returning the product to us.

4. Rescheduling & Cancellation Policy

Our priority is ensuring that all bookings are fulfilled to meet client expectations. This means that, once a booking is made, the booked time is reserved exclusively for the client to ensure that we are able to supply the services purchased. We incur administrative costs and expend a significant amount of time in processing and preparing for a booking, do not offer the booked time to other clients for services, and are unlikely to be able to fill a booked time with other work (in part or in full) if that booking is cancelled without adequate notice.

Please ensure you have read the following rescheduling, cancellations and refunds policy as it will apply to any bookings made with us for services.

Why these terms apply

Once a booking is made, the booked time is reserved exclusively for you and is not offered to other clients. From that point we incur administration and onboarding costs, review your intake information, and begin preparing for your booking. If a booking is cancelled or moved without adequate notice, we are unlikely to be able to fill that time with other work. The deposit, notice periods and forfeiture amounts in this policy reflect those costs and commitments, are a genuine pre-estimate of the loss we would suffer, and are not penalties. Where a booking includes in-home services, they also reflect travel time and arrangements made for you. Where a booking includes Newborn Nights, they also reflect our commitment to independent contractors engaged for your booking, who must be paid whether or not you proceed. Nothing in this policy limits your rights under the Australian Consumer Law.

Deposits and Travel Fee

A non-refundable deposit of 50% of the total Fee applies across all of our programs and bookings (including Sleep Conditioning Programs, Newborn Programs and Newborn Nights), whether the Fee is paid upfront or by instalment. Where a Booking includes Home Services, cancellation of that Booking (in circumstances where a refund or partial refund would otherwise be available under this Policy) also results in forfeiture of the full travel fee associated with that Booking.

Intake Form and Service Commencement

Following your Booking, you must submit your completed intake form within 7 days of the date of purchase. A reminder will be sent if the intake form has not been submitted by day 4. Services are taken to commence, and no refund for change of mind is available, from the date your completed intake form is received. If your completed intake form is not submitted within the 7 day period, your Booking will be treated in the same way as a No-Show under the No-Show Policy below, and the applicable fee will be non-refundable.

Cancellation Before Intake Form Submitted

If you cancel your Booking before submitting your completed intake form, your deposit (and, where your Booking includes Home Services, the full travel fee) is non-refundable and will be retained by us. Any balance you have paid will be refunded to you.

No-Show Policy

If you do not attend a scheduled consultation or appointment without giving us prior notice, this will be treated as a No-Show and the full fee for that consultation or appointment is non-refundable. If you miss a scheduled review call, your Plan will be emailed to you and the review call slot is forfeited. A cancellation of any consultation or appointment made with less than 48 hours' notice will also be treated as a No-Show, and the full fee is non-refundable.

Illness Pause

Where your child is unwell, you may request a pause of your program of up to 4 weeks. You must give us at least 48 hours' notice to invoke this pause and, if we ask for it, provide a medical certificate or other reasonable evidence of your child's illness. Whether to request a medical certificate, and all other matters relating to a requested pause, are at Swoop Baby's discretion. An Illness Pause does not otherwise extend any notice period or timeframe set out elsewhere in this Policy.

Program Delivery Window (Remote Programs)

For our Remote Sleep Conditioning Programs, you commit to completing your program within a 2-week delivery window, commencing from the date of your scheduled review call. If your review call is rescheduled, the 2-week delivery window runs from the rescheduled review call. Please refer to the Client Services Agreement for full details.

Sleep Conditioning Programs

You will be required to either pay in full for your selected program, or pay a deposit being 50% of the total program purchase price, depending on where you purchase your selected program. If you pay in full, 50% of the upfront payment comprises the deposit for your purchase.

Deposits are non-refundable (including 50% of an upfront payment that comprises the deposit for payments made in full).

The terms and conditions which apply to bookings for any of our Sleep Conditioning Programs are set out comprehensively in our Client Services Agreement. This Policy is intended to summarise key commercial terms only and does not replace or limit the operation of that agreement.

A reference to a "booking" for a Sleep Conditioning Program or Newborn Program means:

In respect of "Newborn Consultation": the date of the one-hour session for working through the tailored sleep program;
In respect of "1:1 Remote Sleep Conditioning": the date of the 45 minute review call;
In respect of "1:1 In Home Sleep Conditioning": the date of your scheduled in home support;
In respect of a Newborn Program: the date of the first scheduled consultation or in-home visit under that program; and
In respect of Newborn Nights: the date of the first scheduled overnight shift.

In-home visits will only be scheduled once your completed intake form has been received (see Intake Form and Service Commencement above).

We summarise our policy below for you:

Cancellations

For all Sleep Conditioning Programs (including "Newborn Consultation", 1:1 Remote Sleep Conditioning and 1:1 In Home Sleep Conditioning), the date your completed intake form is submitted is the cut-off for any refund.

Before your intake form is submitted: if you cancel, your deposit (and, where your booking includes in-home services, the full travel fee) is non-refundable and any balance you have paid will be refunded to you.

After your intake form is submitted: cancellations are not permitted, all amounts paid are non-refundable and any unpaid balance of the program fee remains payable. You may still reschedule the program subject to the Rescheduling policy below (provided that the applicable notice period is complied with).

Rescheduling for Remote Bookings

5 days before booking date: We allow rescheduling of remote program bookings (including 1:1 Remote Sleep Conditioning) for requests made up to 5 days before the scheduled review call. We will try to accommodate your preferred new date, subject to our capacity, but this cannot be guaranteed. The service may be rescheduled to another date falling within 3 calendar months from the date of purchase, subject to our availability. A reschedule overrides the 2-week delivery window, which will run from your rescheduled review call. If your rescheduled review call is more than 4 weeks after you submitted your intake form, we may ask you to complete an updated intake form so that your plan is based on current information. The fee for the program must be paid in accordance with the original purchase invoice.

Less than 5 days before booking date: We are unable to accommodate requests for rescheduling a remote booking less than 5 days before the scheduled review call, except where the Illness Pause applies. Where cancellation of a remote booking is due to your child's illness, the Illness Pause applies (including that we may ask for a medical certificate), and your program may be paused for up to 4 weeks and will then be rebooked at our next earliest availability. All amounts paid are non-refundable and where payment is by instalment, the deposit is non-refundable and the remainder of the fee for the program must be paid in accordance with the original purchase invoice.

Rescheduling for In-Home Bookings

5 days before booking date: We allow rescheduling of in-home program bookings for requests made up to 5 days before the scheduled in-home visit. We will try to accommodate your preferred new date, subject to our capacity, but this cannot be guaranteed. As in-home visits are booked well in advance, the service may be rescheduled to another date falling within 3 calendar months from the date of purchase, subject to our availability. The fee for the program must be paid in accordance with the original purchase invoice.

Less than 5 days before booking date: We are unable to accommodate requests for rescheduling an in-home booking less than 5 days before the scheduled visit, except where the Illness Pause applies. All amounts paid are non-refundable and where payment is by instalment, the deposit is non-refundable and the remainder of the fee for the program must be paid in accordance with the original purchase invoice.

Illness (In-Home): Where cancellation of an in-home booking is due to your child's illness, 48 hours' notice is required and the Illness Pause applies (including that we may ask for a medical certificate). Where less than 48 hours' notice is given (but before the scheduled visit), the full service fee and the full travel fee are non-refundable, because we cannot refill that time at such short notice, but you may still reschedule to our earliest availability within 3 months. Where no notice is given, the No-Show Policy above applies (full fee, non-refundable, no reschedule).

All Other Bookings

You may pay the fee for your booking in full or pay a 50% deposit with the remainder payable in accordance with the invoice terms. 50% of the total fee comprises the deposit for your purchase irrespective of whether the payment is made upfront or in instalments.

Deposits are non-refundable.

Cancellations

72 hours before booking time: We allow cancellations up to 72 hours before the first appointment booking time. The deposit paid towards your booking is non-refundable, and no further fees shall apply. If you paid in full for your booking, 50% of the total invoiced amount will be retained as a non-refundable deposit, and the remainder will be refunded to you.

Less than 72 hours before booking time: Cancellations are not permitted. The deposit and the remainder of the applicable booking fee must be paid in full and are non-refundable. Payments in full are non-refundable. You may reschedule the booking subject to the Rescheduling policy below (provided that the applicable notice period set out below is complied with).

Rescheduling

We allow rescheduling of bookings for requests received up to 48 hours prior to the booking time. The services may be rescheduled to another date falling within 10 business days from the booking date, subject to our availability. The fee for the booking must be paid in accordance with the original purchase invoice.

Service Quality Concerns

If you're not happy with the standard of the Services you've received, you must notify us within 48 hours of the relevant consultation or service so we can look into it promptly. We will carefully consider your concerns and may, in our absolute discretion, offer one or more of the following: (i) a refund; (ii) a partial refund; (iii) re-supply of the relevant Services; (iv) partial re-supply of the relevant Services; (v) a credit towards a future service; (vi) an alternative service; or (vii) no remedy. For the purposes of this Policy, a Service is taken to have been delivered once the applicable review call and Plan have been provided and any included support period has been made available to you. Because the support period is client-led, it is treated as provided for its full length whether or not you choose to use it, and choosing not to engage during the support period is not, on its own, a ground for a refund.

Swoop Baby-Initiated Cancellations

Where we need to cancel your Booking for a reason other than a safety concern, you will be offered a reschedule. If a reschedule is not workable for you, we will provide a full refund.

Newborn Programs and Night Nanny Services (Newborn Nights)

This section applies to our Newborn Programs, including overnight newborn care and night nanny services ("Newborn Nights").

Newborn Programs: Commencement, Deposits and Cancellation. The Deposits and Travel Fee, Intake Form and Service Commencement, Cancellation Before Intake Form Submitted, No-Show Policy and Illness Pause provisions set out above apply equally to Newborn Programs. Once your intake form is submitted, we will arrange your Newborn Program booking (including any in-home visit or Newborn Nights booking) with you.

In-Home Tentative Holds. Where an in-home or Newborn Nights booking time is offered to you, that time is held on a tentative basis for 48 hours. If payment is not received within that 48-hour period, the hold will be released without further notice.

Newborn Nights Cancellation and Rescheduling. The following notice periods apply to Newborn Nights bookings:

More than 5 days' notice: your deposit is retained and the balance of any amount paid is refunded to you, or you may reschedule your Newborn Nights booking at no additional cost.
Less than 5 days' notice: your deposit is forfeited, but you may still reschedule your Newborn Nights booking.
Less than 48 hours' notice, or no notice (No-Show): the full fee is non-refundable and that booking cannot be rescheduled. You are welcome to make a new booking for Newborn Nights at the applicable fee.

Because our night nannies are engaged as independent contractors and must be paid for confirmed bookings regardless of cancellation, these notice periods and consequences apply strictly and are not subject to the Illness Pause.

Deposit & Refunds

Deposit paid for bookings of services are non-refundable.

Any subsequent payments received towards an invoice issued for service bookings are non-refundable unless otherwise set out in this policy.