Warranty Policy

This Warranty is between Respire Commerce Pty Ltd (ABN: 34 669 711 639) (we, us or our) and the person who purchases Products through our website (you or your), together the Parties and each a Party. This Warranty is referenced in and forms part of the Website Terms of Use available on this site.

This Warranty is in addition to, and operates separately from, the Returns Policy set out in Schedule 2 to the Website Terms of Use. If you wish to return Products under the 30-day risk-free trial, please refer to the Returns Policy.

Respire Commerce Pty Ltd provides to you this Warranty against Defects in your Respire Products.

About Us:

We create products that encourage natural nasal breathing to improve your sleep, health and looks!

Our commitment to protect your rights:

We understand that you have rights at law, including under the Australian Consumer Law, with respect to your Respire Products and we are committed to respecting your rights.

Contact us!

If you have any questions or concerns about the terms of this Warranty please don’t hesitate to contact us – we are always happy to assist.

Respire Commerce Pty Ltd (ABN: 34 669 711 639)

Address: Rialto, L2 Podium East, 525 Collins Street, Melbourne, VIC, 3000

Email: support@respire.com

1. YOUR RIGHTS AT LAW

The benefits given to you under this Warranty are in addition to, and do not limit or derogate, your rights and remedies at law in relation to your Respire Products, including under the Australian Consumer Law (ACL) within the Competition and Consumer Act 2010 (Cth).

Consumer guarantees (under the Australian Consumer Law) have no set time limit but generally last for an amount of time that is reasonable to expect, given factors such as the cost and quality of the Respire Products or any representations made.

Mandatory wording: Our goods 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 the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

2. WARRANTY PERIOD

Subject to the terms of this Warranty, and without limiting your statutory rights, your entitlement under this Warranty will commence from the date of dispatch of your Respire Products under the Website Terms of Use and will continue to operate for a period of 6 months (Warranty Period).

This Warranty only sets out the Warranty Period within which we will offer you a refund, replacement or exchange. Your rights under the ACL may extend beyond the Warranty Period.

3. WHAT WE WILL DO TO HONOUR THIS WARRANTY

Subject to the terms of this Warranty (including you making a valid claim pursuant to clause 5), and without limiting your statutory rights, we will remedy any Defect in your Respire Products during the Warranty Period at our cost.

We may, in our discretion, elect to:

1. provide you with a refund for the affected Respire Products;

2. replace the affected Respire Products; or

3. exchange the affected Respire Products for a new item,

which, to the maximum extent permitted by law, will be your sole and exclusive remedy in relation to the Defect under this Warranty. This clause does not seek in any way to limit your statutory rights, including under the ACL.

If any materials, parts or features required to facilitate any replacement pursuant to this clause are unavailable or no longer in production, or the model of Respire Products is no longer available or in production, we will use reasonable endeavours to use appropriate equivalent materials, parts, features or model.

4. WHEN THIS WARRANTY APPLIES AND WHEN IT DOES NOT

Subject to the terms of this Warranty, your Respire Products are warranted by us to be free from Defects for the duration of the Warranty Period.

We set out below the circumstances where we will not be liable to you under this Warranty. This clause does not seek in any way to limit your statutory rights, including under the ACL.

To the maximum extent permitted by law, this Warranty does not cover, and we will have no liability, and you waive and release us from any such liability (under this Warranty or otherwise), in relation to any Defect which is caused (or partly caused) or contributed to, by any:

1. act or omission, accident, misuse, abuse or negligence by you or any third party not engaged by us;

2. failure on your part to properly use or store your Respire Products in accordance with any of our instructions or guidelines;

3. failure on your part to follow any instructions or guidelines provided by us in relation to your Respire Products;

4. use of your Respire Products otherwise than for any application or purpose specified by us;

5. continued use of your Respire Products (where such use is not reasonable) after any Defect becomes apparent or would have become apparent to a reasonably prudent person;

6. failure by you to notify us of any Defect in your Respire Products within a reasonable period of time after you become aware of or ought to have reasonably become aware of the relevant Defect;

7. reasonable wear and tear of your Respire Products;

8. damage to product packaging, unless the damage has occurred due to a Defect in materials or workmanship;

9. act of God or force majeure event (including but not limited to war, riot, invasion, act of terrorism, contamination, earthquake, flood, fire, or other natural disaster, or any other event or circumstance beyond our reasonable control); or

10. any alteration, tampering or other compromise of the Respire Products by you or any person other than us.

To the maximum extent permitted by law, this Warranty will be void, we will have no liability, and you waive and release us from any such liability, whether under this Warranty or otherwise, if any work or services carried out by us are altered, tampered with or otherwise compromised by you or any person other than us, without our prior written consent.

We will have no liability, and you waive and release us from any liability, for any delays (including any costs arising out of any delays) in providing any work or services under this Warranty, or in assessing any claim made by you under or in relation to this Warranty.

This Warranty applies to Products purchased for personal, domestic or household use. The Company makes no warranty in respect of Products purchased for resale or commercial distribution.

5. MAKING A VALID WARRANTY CLAIM

To claim the benefit of this Warranty, you must:

1. notify us by email at support@respire.com as soon as you become aware of the Defect, and in any event, within 30 days of when you become aware of the Defect;

2. provide any other information or evidence reasonably required by us to assess your claim (including photographs, a description of the Defect and when the Defect occurred); and

3. provide evidence of proof of purchase of your Respire Products from us, upon request.

If we determine that you have a valid claim under this Warranty, we will notify you and clause 3 will apply. We will provide you with instructions on how to return the affected Products and will pay for shipping to and from your address, provided that you have followed our instructions regarding the method of packaging and shipping the Respire Products.

To the maximum extent permitted by law, any determination we make under this clause will be final and binding.

6. GENERAL

Website Terms of Use prevails: This Warranty is subject to the Website Terms of Use and in the event of any inconsistency or ambiguity between this Warranty and the Website Terms of Use, the Website Terms of Use will prevail.

Limitation of liability: To the maximum extent permitted by law, our liability under this Warranty will be limited and/or excluded in accordance with any limitation or exclusion of liability set out in the Website Terms of Use.

Consequential loss: Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability to you for any Consequential Loss.

Jurisdiction and applicable law: This Warranty is governed by the laws of Victoria and the Commonwealth of Australia. Each party to this Warranty irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria.

No third-party reliance: The benefit of this Warranty is for you only, and no other person or third party can rely on or make a claim under this Warranty.

No assignment or transfer: This Warranty or the benefit under this Warranty cannot be assigned or transferred to any other person or third party.

Severance: If any provision (or part of it) under this Warranty is held to be unenforceable or invalid in any jurisdiction, then it will be interpreted as narrowly as necessary to allow it to be enforceable or valid. If a provision (or part of it) under this Warranty cannot be interpreted as narrowly as necessary to allow it to be enforceable or valid, then the provision (or part of it) must be severed from this Warranty and the remaining provisions (and remaining part of the provision) of this Warranty are valid and enforceable.

7. DEFINITIONS

In this Warranty, capitalised terms have the meanings given to them in the Website Terms of Use, and:

Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Defect means any non-compliance of the Respire Products with the requirements of our Website Terms of Use as a result of our default, and Defective has a corresponding meaning.

Products means the products supplied by us to you pursuant to the Website Terms of Use, and includes our branded accessories contained in the original packaging of the products supplied to you.

Website Terms of Use means our Website Terms of Use available on this site, which governs your use of our website and purchase of Products.

Last updated: 6 March 2026