Terms of Service
Last updated: 25 November 2025
The Foundation AU Pty Ltd (ABN 46 652 202 625)
Trading as The Foundation Lingerie
Thank you for shopping with The Foundation Lingerie. These Terms & Conditions explain how we operate our website, how we communicate with you, and the conditions that apply when you make a purchase with us.
By visiting our website or purchasing from us, you agree to be bound by these Terms.
1. About Us
This website is operated by The Foundation AU Pty Ltd (ABN 46 652 202 625), trading as The Foundation Lingerie (“The Foundation”, “we”, “us”, “our”).
2. Online Store Terms
By placing an order, you confirm that:
- you are at least 18 years old, or
- you have permission from a parent or guardian.
We reserve the right to refuse service to anyone for any reason at any time.
3. Accuracy, Completeness and Timeliness
We do our best to ensure all product descriptions, images, sizing, and stock levels are accurate. Occasionally information may change without notice. If a product becomes unavailable after you have placed an order, we will contact you immediately.
4. Pricing & Payments
All prices are in Australian dollars (AUD) and include GST.
We accept the payment methods displayed at checkout.
We reserve the right to change prices at any time.
5. Shipping & Delivery
Shipping timeframes are estimates only. Once your parcel has been handed to the carrier, delivery is outside of our control. You will receive tracking information and delivery updates by email and/or SMS (see SMS Terms below).
- Australia: Standard shipping is free on orders of $150 or more. Orders under $150 incur a flat rate of $10. Express shipping is available for $15.
- International: Flat rate of $25 per order.
- Estimated delivery times: 3–7 business days for standard shipping in Australia, 2–4 business days for express, and 7–21 business days internationally.
- We are not responsible for delays caused by postal or courier services beyond our reasonable control.
- Risk of loss passes to you upon delivery.
6. Returns, Store Credits & Exchanges
Our full Returns Policy applies to all purchases which identifies items that are eligible and ineligible for return.
- Any eligible returned item, must be received within 30 days of purchase and must be unworn, unwashed, with tags attached, and in original packaging.
- Faulty items: If a product is faulty, you are entitled to a repair, replacement, or refund in accordance with Australian Consumer Law.
- Customers are responsible for return postage costs unless the item is faulty or incorrect.
In-store purchases may be returned for exchange or store credit (unless faulty) if the items are eligible for return.
Online purchases may be returned for refund, exchange or store credit (unless faulty) if the items are eligible for return.
Nothing in these Terms restricts your rights under Australian Consumer Law.
7. Promotions & Discount Codes
- Promotions are valid for the advertised period only.
- Discount codes cannot be combined unless clearly stated.
- Discounts and promotional offers cannot be applied retrospectively.
If you return part of a discounted purchase, your refund may be adjusted to reflect the correct discount amount based on what you keep (unless the item is faulty).
8. Gift Cards & Store Credit
Gift cards and Store Credits are non-refundable and cannot be exchanged for cash.
Lost or stolen vouchers cannot be replaced.
9. SMS Terms (Marketing and Transactional Messages)
By providing your mobile number at checkout, through our newsletter sign-up, or during an in-store sign-up, you agree that we may send you SMS/text messages as described here.
a. Types of messages we send
We use SMS for two separate purposes:
Transactional SMS (non-marketing)
These messages relate directly to your orders, including:
- order confirmations
- shipping updates
- store pick-up notifications
- customer service messages
These are necessary to complete your purchase and are not considered marketing.
Marketing SMS (promotional messages)
With your consent, we may send you:
- new arrival announcements
- early access offers
- sale and promotion alerts
- personalised recommendations
You may opt in via website checkout, newsletter sign-up, or in-store.
b. Consent
You do not need to sign up for marketing SMS to make a purchase.
Participation is completely voluntary.
c. Charges
We do not charge for SMS, but your mobile provider may. Standard message and data rates may apply.
d. Opting Out
You can unsubscribe from marketing SMS at any time.
Transactional (order-related) SMS will still be sent where necessary to complete your purchase.
e. Using the Service
Message frequency varies.
We may update the phone number or short code we use to send messages and will notify you if required.
We are not responsible for delayed or undelivered messages as this depends on your carrier.
f. Your Responsibilities
You agree to provide a valid mobile number and notify us if it changes.
If you change your number, you will need to re-subscribe with your new details.
g. Privacy
We respect your privacy.
See our Privacy Policy below to understand how SMS-related data is collected, used, and stored.
10. Dispute Resolution
- If you have a concern or complaint, please contact us first at contact@thefoundation.com.au or by calling one of our stores. We will do our best to resolve the matter informally.
- These Terms are governed by the laws of New South Wales, Australia. Any disputes will be resolved in the courts of NSW.
11. Errors, Inaccuracies and Omissions
Occasionally information on our site may contain typographical errors or inaccuracies. We may correct these at any time.
12. Prohibited Uses
You agree not to use our website for unlawful or harmful activities. Any misuse may result in termination of service.
13. Limitation of Liability
To the extent permitted by law, we are not liable for any indirect or consequential loss related to the use of our website, products, or SMS services. This does not limit your rights under Australian Consumer Law.
14. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
15. Contact Us
Questions about these Terms can be sent to:
contact@thefoundation.com.au