Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by Forty-Love Apparel ("Forty-Love", "we", "us", "our"). Throughout the site, the terms "you" and "your" refer to the user of the website.

By accessing our website or purchasing from us, you agree to be bound by these Terms of Service ("Terms"), together with any additional policies referenced herein, including our Privacy Policy and Refund Policy.

If you do not agree to these Terms, you must not access or use our website or Services.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms, you confirm that you are at least the age of majority in your place of residence, or that you have obtained consent from a parent or guardian.

You must not use our products or website for any unlawful or unauthorised purpose, or in a way that violates any applicable laws, including intellectual property laws.

Any breach of these Terms may result in immediate termination of your access to our Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone at any time for any reason, subject to applicable law.

You understand that content you submit (excluding payment information) may be transferred over various networks and adapted to technical requirements. Payment information is encrypted during transfer.

You must not reproduce, copy, sell, resell or exploit any portion of the Service or website content without our express written permission.

SECTION 3 – ACCURACY OF INFORMATION

We make reasonable efforts to ensure all information on our website is accurate and current. However, we do not warrant that descriptions, pricing, availability, or other content is error-free or complete.

Information is provided for general purposes only and should not be relied upon as the sole basis for decision-making.

SECTION 4 – PRICING AND MODIFICATIONS

All prices are subject to change without notice.

We reserve the right to modify or discontinue any product or service at any time without liability, subject to applicable consumer laws.

SECTION 5 – PRODUCTS, AVAILABILITY & PRE-ORDERS

Certain products may be available exclusively online and in limited quantities.

Pre-Orders

Where products are offered on a pre-order basis:

Estimated dispatch dates are indicative only and not guaranteed
Delays may occur due to production, shipping, customs clearance, or circumstances beyond our control
If a delay becomes unreasonable, you may be entitled to a refund in accordance with Australian Consumer Law
We will communicate material delays where reasonably practicable

Product Representation

We strive to display product colours and images accurately; however, we cannot guarantee that your device will display colours correctly.

SECTION 6 – SHIPPING, RISK & DELIVERY

Delivery timeframes are estimates only.

Risk in the goods passes to you once the order is dispatched. Title passes upon full payment.

We are not responsible for delays caused by carriers, customs, incorrect delivery information supplied by you, or events outside our control.

International customers are responsible for any duties, taxes, or import charges imposed by local authorities, except where Forty-Love has expressly stated that duties are included in the product price.

SECTION 7 – RETURNS & REFUNDS

Returns and refunds are governed by our Refund Policy, available on our website.

Nothing in these Terms excludes your rights under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure, and compensation for other reasonably foreseeable loss or damage.

SECTION 8 – ACCURACY OF BILLING & ORDERS

We reserve the right to refuse, cancel, or limit orders, including where orders appear to be placed for resale or distribution.

If an order is cancelled or amended, we may attempt to notify you using the contact details provided.

You agree to provide accurate, complete and current purchase and account information.

SECTION 9 – OPTIONAL THIRD-PARTY TOOLS

We may provide access to third-party tools "as is" and "as available".

We are not responsible for the content, accuracy, or availability of third-party tools and accept no liability arising from their use.

SECTION 10 – THIRD-PARTY LINKS

Our website may include links to third-party websites. We are not responsible for the content, policies, or practices of third-party sites.

Use of third-party websites is at your own risk.

SECTION 11 – USER CONTENT & FEEDBACK

If you submit feedback, reviews, images or other content, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce and publish that content for marketing and promotional purposes.

You warrant that any content you submit does not infringe third-party rights or contain unlawful material.

SECTION 12 – INTELLECTUAL PROPERTY

All content on this website, including designs, logos, graphics, imagery, text, and trademarks, is owned by or licensed to Forty-Love and protected under Australian and international intellectual property laws.

You must not copy, reproduce, distribute or commercially exploit any content without our prior written consent.

SECTION 13 – PROHIBITED USES

You must not use the website or Services:

For unlawful purposes
To infringe intellectual property rights
To upload malicious code
To collect personal data without consent
To interfere with security or functionality

We reserve the right to terminate access for prohibited conduct.

SECTION 14 – DISCLAIMER & LIMITATION OF LIABILITY

To the fullest extent permitted by law, our Services and products are provided "as is" and "as available".

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred by the Australian Consumer Law or any other applicable law that cannot be excluded.

To the extent permitted by law, our liability is limited to:

Replacement of goods
Repair of goods
Refund of the purchase price

We are not liable for indirect or consequential loss except where required by law.

SECTION 15 – INDEMNITY

You agree to indemnify and hold harmless Forty-Love from any claims, losses or expenses arising from your breach of these Terms or misuse of the website.

SECTION 16 – FORCE MAJEURE

We are not liable for failure or delay in performance caused by events beyond our reasonable control, including natural disasters, supply chain disruptions, industrial action, or government restrictions.

SECTION 17 – TERMINATION

These Terms remain effective until terminated by you or us.

We may terminate or suspend access immediately if you breach these Terms.

SECTION 18 – ENTIRE AGREEMENT

These Terms, together with referenced policies, constitute the entire agreement between you and Forty-Love and supersede any prior agreements.

SECTION 19 – GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia. You submit to the exclusive jurisdiction of the courts of New South Wales.

For customers located in the United States, nothing in these Terms limits any rights you may have under applicable US federal or state consumer protection laws.