Terms of service

Overview

Welcome to F.I.T.H Clothing & Accessories.

Throughout these Terms, the words "we", "us" and "our" refer to F.I.T.H Clothing & Accessories.

We operate this website and online store, including all related information, content, products, services, features and tools (collectively referred to as the "Services"). Our online store is powered by Shopify, allowing us to securely provide our products and services to you.

These Terms of Service, together with any policies referenced throughout our website (including our Privacy Policy, Shipping Policy and Refund Policy), explain the rules that apply when you access our website or purchase products from us.

Please read these Terms carefully before using our Services. By accessing our website, browsing our products or placing an order, you acknowledge that you have read, understood and agree to be bound by these Terms.

If you do not agree with these Terms, please do not use our website or Services.

Section 1 – Access & Account

By using our Services, you confirm that you are at least 18 years of age or have the permission of a parent or legal guardian to use this website and purchase our products.

When creating an account or placing an order, you agree to provide accurate, current and complete information, including your name, email address, billing details, shipping address and payment information.

You are responsible for maintaining the confidentiality of your account details and for all activity that occurs under your account. If you believe your account has been accessed without your permission, please contact us immediately.

Your account is personal to you and must not be transferred, sold, assigned or shared with another person without our written permission.

We reserve the right to suspend or terminate accounts where we reasonably believe false information has been provided, fraudulent activity has occurred, or these Terms have been breached.

Section 2 – Our Products

We do our very best to accurately represent every product available through our website.

However, colours, print placement and the appearance of products may vary slightly from what you see on your screen due to differences in device displays, monitor settings and the print-on-demand production process.

Many F.I.T.H products are made to order, meaning each item is produced specifically for you after your order has been placed. As a result, slight differences in colour, sizing and print placement are a normal part of the production process and are not considered manufacturing defects. These variations do not affect the quality or functionality of the product.

We reserve the right to update product descriptions, pricing, availability and specifications at any time without prior notice. We may also discontinue products or limit the quantities available for purchase at our discretion.

Section 3 – Orders

When you place an order through our website, you are making an offer to purchase our products.

Your order is not accepted until payment has been successfully processed and you receive an order confirmation from us.

Because many of our products are made to order, we may not be able to cancel or amend your order once production has commenced. Please ensure all order details are correct before completing your purchase.

We reserve the right to verify customer information before accepting an order where we reasonably suspect fraudulent activity.

We reserve the right to refuse, cancel or limit any order where we reasonably believe fraud has occurred, pricing or product information is incorrect, stock is unavailable, or for any other legitimate business reason. If we cancel your order after payment has been received, you will receive a full refund.

Returns, exchanges and refunds are governed by our Refund Policy, which forms part of these Terms of Service.

Our products are intended for personal use only and must not be purchased for resale without our prior written consent.

Section 4 – Prices & Payment

All prices displayed on our website are in Australian Dollars (AUD).

Prices, promotions and discounts may change at any time without notice.

Shipping charges are calculated at checkout and vary depending on the products ordered and the delivery location.

Unless otherwise stated, prices include Australian GST where applicable.

Whilst we make every effort to ensure pricing is accurate, obvious pricing errors may be corrected before or after an order is placed.

Payment must be successfully received before your order enters production.

By placing an order, you confirm that you are authorised to use the payment method provided and that all billing information supplied is accurate and current.

We reserve the right to correct pricing errors or cancel orders affected by incorrect pricing. If this occurs after payment has been received, a full refund will be issued.

Section 5 – Shipping & Delivery

Shipping and delivery are subject to our separate Shipping Policy, which forms part of these Terms of Service.

Many F.I.T.H products are made to order and some are fulfilled by trusted production partners outside Australia. Because of this, production and delivery times may vary.

Whilst we do everything we reasonably can to have your order delivered as quickly as possible, all delivery timeframes are estimates only and cannot be guaranteed.

We are not responsible for delays caused by production partners, shipping carriers, customs processing, severe weather or other circumstances beyond our reasonable control.

Title and risk of loss pass to you once your order has been handed to the shipping carrier.

At this stage, F.I.T.H products are available within Australia only. We do not currently offer international shipping, but we look forward to expanding in the future.

Section 6 – Intellectual Property

Everything you see on the F.I.T.H Clothing & Accessories website — including our F.I.T.H® trade mark, branding, logos, text, graphics, photographs, videos, website design, artwork, original product designs and other original content — is owned by or licensed to F.I.T.H Clothing & Accessories and is protected by applicable Australian intellectual property laws.

F.I.T.H® is a registered trade mark of F.I.T.H Clothing & Accessories. All rights are reserved.

Unauthorised use, reproduction or imitation of the F.I.T.H® trade mark, logos, branding, product designs or other intellectual property may constitute trade mark or copyright infringement and may result in legal action.

You may use this website for your personal, non-commercial use only.

Unless we have provided our prior written permission, you must not copy, reproduce, modify, distribute, publish, sell, commercially exploit or create derivative works from any content appearing on this website.

Nothing contained within these Terms grants you ownership of, or any licence to use, our intellectual property, trade marks or copyrighted material except as expressly permitted by these Terms.

Some product photographs, images, designs, descriptions or other materials displayed on our website may be supplied or licensed by our production partners, suppliers or other third parties. Those materials remain the property of their respective owners and must not be used without their permission.

Unauthorised use of any material appearing on this website may infringe copyright, trade mark or other intellectual property laws.

The Shopify name, logo, products and services remain the intellectual property of Shopify Inc. All other third-party names, logos and trade marks remain the property of their respective owners.

Section 7 – Optional Tools

From time to time we may provide access to tools, applications or services offered by third-party providers.

These tools are provided for your convenience and are supplied on an "as is" and "as available" basis. We do not control, monitor or endorse these third-party services and make no representations or warranties regarding their availability, accuracy or performance.

Your use of any optional third-party tools is entirely at your own risk. We encourage you to review the terms and privacy policies of any third-party provider before using their services.

We may introduce additional features, services or tools in the future. Unless stated otherwise, those features will also be governed by these Terms of Service.

Section 8 – Third-Party Links

Our website may contain links to third-party websites, products or services that are not owned or controlled by F.I.T.H Clothing & Accessories.

These links are provided for your convenience only.

We are not responsible for the content, accuracy, availability or privacy practices of third-party websites, nor do we endorse any products or services they provide.

If you choose to visit a third-party website, you do so entirely at your own risk.

Any questions, complaints or claims relating to third-party products or services should be directed to the relevant provider.

Section 9 – Relationship with Shopify

F.I.T.H Clothing & Accessories is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with F.I.T.H Clothing & Accessories.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and F.I.T.H Clothing & Accessories, including any injury, damage, or loss resulting from purchased products and services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with F.I.T.H Clothing & Accessories.

Section 10 – Privacy

Your privacy is important to us.

Any personal information we collect through our website is handled in accordance with our Privacy Policy, which forms part of these Terms of Service. By using our Services, you acknowledge that you have read and understood our Privacy Policy.

Our online store is powered by Shopify. As part of providing our Services, Shopify may collect, process and store certain personal information on our behalf. This information may be processed or stored in Australia or overseas by Shopify and its trusted service providers.

For more information about how your personal information is collected, used, stored and protected, please refer to our Privacy Policy and Shopify's Privacy Policy.

Section 11 – Feedback & Reviews

We love hearing from our customers.

If you submit reviews, feedback, suggestions, ideas, photos, videos or other content ("Feedback") through our website, social media pages or by contacting us directly, you grant F.I.T.H Clothing & Accessories a non-exclusive, worldwide, royalty-free, perpetual licence to use, reproduce, publish, edit, display and share that Feedback for business, promotional and marketing purposes.

You confirm that:

  • you own or have permission to share the Feedback;
  • your Feedback does not infringe another person's intellectual property or legal rights;
  • your Feedback is accurate to the best of your knowledge; and
  • your Feedback does not contain unlawful, defamatory, abusive, offensive or misleading material.
  • Where Feedback includes photographs or videos featuring identifiable people, you confirm that you have obtained any necessary permissions before submitting that content.

We are not required to publish, respond to or compensate you for any Feedback submitted.

We reserve the right to remove or refuse to publish any Feedback that we reasonably believe is inappropriate, misleading, offensive or unlawful.

Section 12 – Errors, Inaccuracies & Omissions

Whilst we make every effort to ensure the information on our website is accurate, occasionally errors, inaccuracies or omissions may occur.

These may relate to product descriptions, pricing, promotions, availability, shipping costs, delivery estimates or other information displayed on our website.

We reserve the right to correct any errors, inaccuracies or omissions, update information or cancel orders where necessary without prior notice, including after an order has been placed.

If an order is cancelled because of a pricing or listing error, any payment received will be refunded in full.

Section 13 – Prohibited Uses

You may use our Services only for lawful purposes and in accordance with these Terms of Service.

You must not use our website or Services to:

  • break any applicable Australian laws or regulations;
  • infringe our intellectual property rights or the rights of any third party;
  • harass, abuse, threaten, intimidate, defame or otherwise harm another person;
  • provide false, misleading or fraudulent information;
  • upload or transmit viruses, malware or any other harmful code;
  • interfere with the operation, security or functionality of our website;
  • collect or misuse the personal information of other users;
  • send spam, unsolicited advertising or other unwanted communications;
  • impersonate another person or organisation;
  • copy, reproduce, distribute, resell or commercially exploit any part of our website without our written permission; or
  • use robots, bots, spiders, scraping tools, automated systems, artificial intelligence tools or similar technologies to access, copy, monitor or extract information from our website without our prior written consent.

We reserve the right to suspend or terminate access to our Services if we reasonably believe these Terms have been breached or our website is being used unlawfully or in a way that may harm F.I.T.H Clothing & Accessories, Shopify or other users.

Section 14 – Agents & Automated Access

This section applies to any software, artificial intelligence, bot or automated service ("Agent") used to access or interact with our Services.

Agents must:

  • clearly identify themselves when interacting with our Services;
  • comply with any technical restrictions or access controls we implement;
  • not disguise themselves as human users;
  • not bypass security measures, CAPTCHAs or other protections designed to prevent unauthorised automated access; and
  • immediately cease accessing our Services if requested by us.

We reserve the right to restrict, suspend or block any Agent that does not comply with these Terms or that interferes with the operation, security or performance of our Services.

Section 15 – Termination

We may suspend or terminate your access to our Services at any time if we reasonably believe you have breached these Terms of Service or engaged in unlawful or fraudulent activity.

Termination of your access does not affect any rights or obligations that arose before the termination date.

The following sections will continue to apply after termination where relevant: Intellectual Property, Privacy, Feedback & Reviews, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, Contact Information, and any other provisions that are intended to survive termination.

Section 16 – Disclaimer of Warranties

The information available through our Services is provided for general information purposes only.

Whilst we make every reasonable effort to ensure the information on our website is accurate and up to date, we do not guarantee its accuracy, completeness or suitability for any particular purpose. Any reliance you place on information obtained through our Services is entirely at your own risk.

To the fullest extent permitted by Australian law, our Services and products are provided on an "as is" and "as available" basis without any express or implied warranties, representations or guarantees, except where those rights cannot lawfully be excluded under the Australian Consumer Law.

We do not guarantee that our website will always be available, uninterrupted, secure or free from errors, viruses or other harmful components.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Competition and Consumer Act 2010 (Cth) or any other applicable Australian law.

Section 17 – Limitation of Liability

To the fullest extent permitted by law, F.I.T.H Clothing & Accessories, together with our directors, employees, contractors, suppliers, service providers, affiliates and licensors, will not be liable for any indirect, incidental, special, consequential or economic loss arising from your use of our Services or any products purchased through our website.

This includes, but is not limited to, loss of profits, loss of revenue, loss of business opportunities, loss of data, business interruption or any other indirect or consequential loss.

Where liability cannot be excluded under Australian law, our liability is limited to the maximum extent permitted by law.

Nothing in these Terms excludes or limits any rights you have under the Australian Consumer Law.

Section 18 – Indemnification

You agree to indemnify and hold harmless F.I.T.H Clothing & Accessories, Shopify, our employees, contractors, affiliates, suppliers, licensors and service providers from any claims, losses, liabilities, damages or reasonable legal costs arising from:

  • your breach of these Terms of Service;
  • your misuse of our Services;
  • your breach of any applicable law; or
  • your infringement of the rights of any third party.

Where reasonably practicable, we will notify you of any claim covered by this section and provide you with a reasonable opportunity to respond.

Section 19 – Severability

If any provision of these Terms of Service is found to be unlawful, invalid or unenforceable, that provision will be severed from these Terms without affecting the validity or enforceability of the remaining provisions, which will continue in full force and effect.

Section 20 – Waiver & Entire Agreement

If we choose not to enforce any provision of these Terms at any time, this does not waive our right to enforce that provision or any other provision in the future.

These Terms of Service, together with our Privacy Policy, Shipping Policy, Refund Policy and any other policies published on our website, constitute the entire agreement between you and F.I.T.H Clothing & Accessories regarding your use of our Services and replace any previous agreements, understandings or communications relating to the same subject matter.

Section 21 – Assignment

You may not assign, transfer or otherwise deal with your rights or obligations under these Terms without our prior written consent.

We may assign, transfer or subcontract our rights and obligations under these Terms where reasonably necessary to operate our business or comply with legal requirements.

Section 22 – Governing Law

These Terms of Service and any separate agreements under which we provide our Services are governed by and construed in accordance with the laws of Western Australia and the Commonwealth of Australia.

Any dispute arising out of or relating to these Terms of Service or your use of our Services will be subject to the exclusive jurisdiction of the courts of Western Australia.

Section 23 – Headings

The headings used throughout these Terms of Service are provided for convenience only and do not affect the interpretation or meaning of any provision.

Section 24 – Changes to These Terms

We may update or modify these Terms of Service from time to time to reflect changes to our business, our Services or applicable laws.

The most current version will always be available on this page, together with the date it was last updated.

Where required by law, we will notify you of any material changes. By continuing to use our website or Services after any changes become effective, you agree to be bound by the updated Terms of Service.

Section 25 – Contact Information

If you have any questions about these Terms of Service, we'd love to hear from you.

F.I.T.H Clothing & Accessories

Email: hello@fithclothing.com

ABN: TBA

Website: www.fithclothing.com

Please note that we currently provide customer support via email to ensure every enquiry receives the attention it deserves.

EFFECTIVE 15th JULY 2026

© 2026 F.I.T.H Clothing & Accessories. F.I.T.H® is a registered trade mark. All rights reserved.