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This website is operated by Create & Supply Pty Ltd (ABN 99 620 318 881), trading as FORMER MERCHANDISE AUSTRALIA. Throughout the site, the terms "we", "us" and "our" refer to FORMER MERCHANDISE AUSTRALIA.
Registered address: Unit 3 / 94 Township Drive, Burleigh Heads QLD 4220 Contact: info@formermerchandise.com.au
We offer this website, including all information, tools and services available from this site, to you the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site or purchasing something from us, you engage in our "Service" and agree to be bound by these Terms of Service ("Terms"), including any additional terms and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers and contributors of content.
Please read these Terms carefully before accessing or using our website. If you do not agree to all of them, you may not access the website or use any services.
Any new features or tools added to the store are also subject to these Terms. You can review the most current version at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting changes to our website. It is your responsibility to check this page periodically. Continued use of the website following the posting of changes constitutes acceptance of those changes. The version in effect at the time you place an order governs that order.
Our store is hosted on Shopify Inc, who provide the e-commerce platform that allows us to sell our products to you.
Nothing in these Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by the Competition and Consumer Act 2010 (Cth) — including the Australian Consumer Law — or any other applicable law that cannot lawfully be excluded or limited.
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 to 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.
Where our liability may lawfully be limited, our liability is limited, at our option, to:
New Zealand customers: nothing in these Terms excludes, restricts or modifies any right or remedy under the Consumer Guarantees Act 1993 (NZ) or the Fair Trading Act 1986 (NZ) where those Acts apply.
By agreeing to these Terms, you represent that you are at least 18 years of age, or that you are 18 years of age and have given us consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you violate any laws in your jurisdiction (including copyright laws) in your use of the Service.
You must not transmit any worms, viruses or any code of a destructive nature.
A breach of any of these Terms will result in immediate termination of your access to the Service.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding payment card information) may be transferred unencrypted and may involve transmission over various networks and changes to conform to technical requirements. Payment card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, or any content on the website, without our express written permission.
Headings are included for convenience only and do not limit or otherwise affect these Terms.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.
This site may contain historical information, which is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but have no obligation to update any information.
All prices on this website are listed in Australian dollars (AUD) and are inclusive of GST where applicable. All payments are processed in AUD.
Prices are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service, or any part or content of it, without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service, except to the extent required by law.
Sale periods. We reserve the right to run promotional sales at any time without notice. Sale prices will only be honoured during the stated sale period. We are not obliged to refund the difference on any item purchased outside a sale period.
Certain products may be available exclusively online. These products may have limited quantities.
We have made every effort to display the colours and images of our products as accurately as possible. We cannot guarantee that your screen's display of any colour will be accurate.
Our garments are screen printed by hand. Minor variation in print placement, coverage and texture is a characteristic of the process rather than a fault. Garment measurements may vary within normal manufacturing tolerances. Please refer to the size guide on each product page before ordering.
We reserve the right, but are not obligated, to limit sales of our products to any person, geographic region or jurisdiction, and to limit the quantities of any products we offer. All product descriptions and pricing are subject to change at any time without notice. We reserve the right to discontinue any product at any time. Any offer made on this site is void where prohibited.
All orders are subject to acceptance by us.
Once you submit your order, you will receive an email confirming receipt. This confirmation does not constitute acceptance of your order or an offer to sell. We accept your offer and conclude the contract of sale when we dispatch the products and send confirmation of dispatch.
We reserve the right to refuse or cancel any order, including orders already acknowledged, for reasons including unavailability of stock, errors in price or product description, technical errors in processing, suspected fraudulent activity, or orders that in our sole judgment appear to be placed by dealers, resellers or distributors.
We may limit or cancel quantities purchased per person, per household or per order, including orders placed under the same customer account, payment card, or billing or shipping address.
If we cancel your order after payment has been taken, you will receive a full refund of any amount paid.
You agree to provide current, complete and accurate purchase and account information for all purchases, and to update that information promptly so we can complete your transactions and contact you as needed.
Some items are offered on a pre-order or made-to-order basis. These items are produced after orders are placed and are subject to longer delivery times.
Payment. Payment is taken in full at the time of order.
Delivery estimates. Any timeframe shown on the product page is a good-faith estimate, not a guarantee. Production timelines can be affected by factors outside our control.
Delays. If we are unable to ship within the timeframe stated at the time of your order, we will notify you by email and offer you the choice of consenting to a revised shipping date, or cancelling your order for a full refund.
Cancellation by you. You may cancel a pre-order at any time before it ships by contacting info@formermerchandise.com.au, and we will issue a full refund.
Availability windows. Pre-order items are available for a limited time only. Once the window closes, the item will be removed from sale.
Nothing in this section limits your rights under the Australian Consumer Law.
Our warehouse team will always do their best to dispatch orders placed before 2:00pm AEST the same business day. Orders placed after 2:00pm will be dispatched the following business day. We do not dispatch on weekends or public holidays, and during high-volume periods such as sales and product launches dispatch may take longer.
Once your order leaves our warehouse it is in the hands of the carrier. We will always do our best to help if something goes wrong, but delivery timeframes are determined by a third party and are outside our control.
Risk of loss passes to you on delivery. Delivery timeframes shown at checkout are estimates and are not guaranteed.
International orders. Some countries charge import duties, taxes or handling fees on delivery of an international package. These charges are set by the destination country, are not collected by us, and are the responsibility of the customer.
Returns and exchanges are governed by our Returns Policy at Returns Page which forms part of these Terms. Please read it before purchasing.
Nothing in our Returns Policy limits your rights under the Australian Consumer Law.
Excessive returns. We monitor returns to identify potential abuse or misuse of our returns policy. Repeated or excessive returns may be flagged and refused at our discretion, or may lead to the closure of your customer account.
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability. We reserve the right to correct any errors and to change or update information, or cancel orders, if any information is inaccurate at any time without prior notice — including after you have submitted your order.
We undertake no obligation to update, amend or clarify information on the site except as required by law.
We may provide access to third-party tools which we neither monitor nor control. Access to such tools is provided "as is" and "as available" without warranties, representations or endorsement. Your use of optional third-party tools is at your own risk, and you should familiarise yourself with the terms on which those tools are provided.
Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for examining or evaluating their content or accuracy, and are not liable for any third-party materials, websites, products or services. Please review the third party's policies before engaging in any transaction with them. Complaints regarding third-party products should be directed to the third party.
If you send us creative ideas, suggestions, proposals, plans or other materials, whether at our request or otherwise ("comments"), you agree that we may at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use them in any medium. We are under no obligation to maintain any comments in confidence, to pay compensation for any comments, or to respond to any comments.
We may, but are not obliged to, monitor, edit or remove content we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or which violates any party's intellectual property rights or these Terms.
You agree that your comments will not violate any right of any third party, and will not contain unlawful, abusive or obscene material, or any virus or malware. You may not use a false email address or misrepresent the origin of any comments. You are solely responsible for any comments you make and their accuracy.
The FORMER name, marks and brand assets are owned by [FORMER IP-OWNING ENTITY] and are used by us under licence. All other registered and unregistered trademarks used on the website are the property of their respective owners.
All copyright, text, images, graphics, trademarks, logos, photographs, film and other intellectual property on the website is owned by, controlled by, or licensed to us or our licensor. Artwork created by our collaborating artists and riders remains subject to the rights of those parties and is licensed to us for use on our products and media.
Except for viewing the content for your own personal, non-commercial use, we grant you no rights to use the website or its content for any other purpose without our express written consent. You may not reproduce, distribute, modify or create derivative works from any of our content, including applying our graphics to garments or other goods.
Purchasing a product grants you ownership of that physical item only. It does not transfer any rights in the artwork or design.
Your submission of personal information through the store is governed by our Privacy Policy and the Privacy Act 1988 (Cth).
Email marketing. By subscribing to our mailing list, creating an account, or entering one of our promotions, you consent to receiving marketing emails from us. You may unsubscribe at any time using the link in any email or by contacting info@formermerchandise.com.au.
SMS marketing. We will only send you marketing text messages where you have expressly opted in to receive them at the point of subscription or checkout. Consent to SMS marketing is not a condition of purchase. Message frequency may vary and standard message and data rates may apply. You may opt out at any time by replying STOP to any message or contacting info@formermerchandise.com.au.
Providing your phone number for order-related communication, customer service or delivery purposes does not constitute consent to marketing messages.
In addition to other prohibitions set out in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, territory or local laws, regulations or ordinances; (d) to infringe upon our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other malicious code; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website.
We reserve the right to terminate your use of the Service for violating any of the prohibited uses.
We do not sell through eBay, Amazon, or any other auction or third-party marketplace. We are unable to verify the authenticity, condition or quality of any item sold under the FORMER name on such platforms, and products purchased there are not covered by our Returns Policy or any warranty offered by us.
This section is subject to Section 1 (Australian Consumer Law). Nothing in this section excludes, restricts or modifies any consumer guarantee or other right that cannot lawfully be excluded.
We do not guarantee that your use of our service will be uninterrupted, timely, secure or error-free, or that the results obtained from use of the service will be accurate or reliable. We may remove the service for indefinite periods or cancel it at any time without notice.
To the extent permitted by law, and subject to Section 1, the service and all products delivered to you through the service are provided "as is" and "as available" without representation, warranty or condition of any kind.
To the extent permitted by law, and subject to Section 1, we, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind — including lost profits, lost revenue, lost savings, loss of data or replacement costs — arising from your use of the service or any products procured using it.
Where our liability may lawfully be limited, our total aggregate liability in connection with any order will not exceed the amount you paid for that order.
You agree to indemnify, defend and hold harmless FORMER MERCHANDISE AUSTRALIA and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees, from any claim or demand, including reasonable legal fees, made by any third party arising out of your breach of these Terms or your violation of any law or the rights of a third party.
From time to time we run competitions, giveaways, prize draws and other promotions ("Promotions"). The following terms apply to all Promotions unless specific terms published for that Promotion state otherwise. Where specific terms conflict with this section, the specific terms prevail.
20.1 Promoter. The promoter of each Promotion is Create & Supply Pty Ltd (ABN 99 620 318 881) of Unit 3 / 94 Township Drive, Burleigh Heads QLD 4220, unless the specific Promotion terms name a different promoter.
20.2 Eligibility. Unless stated otherwise, Promotions are open to residents of Australia and New Zealand aged 18 years or older at the time of entry. Directors, employees, contractors and immediate family members of the promoter, its distributors, agencies and any promotional partner are not eligible. Promotions are void where prohibited or restricted by law.
20.3 Permits. Where a Promotion requires authorisation or a permit under the laws of any State or Territory, the relevant permit number will be published in the specific Promotion terms.
20.4 Entry period. Each Promotion has a stated opening and closing date and time. Entries received outside that window will not be accepted. The promoter's clock is the official timekeeper.
20.5 How to enter. Entry methods are specified in the individual Promotion. Unless stated otherwise, one entry per person. Entries submitted by automated means, bots, third parties or in bulk will be disqualified. We may disqualify any entry we reasonably believe to be fraudulent, duplicated or in breach of these Terms. Incomplete, indecipherable or ineligible entries will be deemed invalid.
20.6 Cost of entry. Unless stated otherwise, entry is free. Where entry requires internet access, the entrant is responsible for their own connection and data costs.
20.7 Winner selection. Unless the specific Promotion states that it is a game of skill, winners are drawn at random from all valid entries. Where the Promotion is a game of skill, the judging criteria will be set out in the specific Promotion terms and the judges' decision is final. In either case, no correspondence will be entered into.
20.8 Draw details. The date, time and location of the draw will be set out in the specific Promotion terms.
20.9 Notification. Winners will be notified using the contact details supplied at entry within 5 business days of the draw. We may also announce the winner publicly on our website, YouTube channel and social media channels.
20.10 Unclaimed prizes. If a winner cannot be contacted, does not respond within 10 days of notification, or the contact details supplied are invalid, the promoter reserves the right to forfeit the prize and conduct a redraw, subject to any applicable State or Territory requirements.
20.11 Prizes. Prizes are as described in the specific Promotion terms. Prizes are non-transferable, non-exchangeable, and cannot be redeemed for cash or store credit in whole or in part.
Where a prize is a used or second-hand item — for example, a surfboard ridden in one of our films — it is supplied in its existing condition, with all wear, damage and defects. Subject to Section 1, no representation or warranty is made as to its condition, durability or fitness for any particular use, including surfing.
If a prize becomes unavailable for reasons beyond the promoter's reasonable control, the promoter reserves the right to substitute a prize of equal or greater value, subject to any applicable State or Territory requirements.
20.12 Prize delivery. Unless stated otherwise, the promoter covers delivery of the prize to an address within Australia or New Zealand. The promoter is not responsible for loss or damage in transit. Any duties, taxes or charges arising from delivery are the winner's responsibility.
20.13 Tax. Winners should seek independent advice regarding any tax implications arising from receipt of a prize. The promoter accepts no responsibility for any tax liability incurred by a winner.
20.14 Publicity. By accepting a prize, you consent to the promoter using your first name, State or region, and social media handle in connection with announcing and promoting the Promotion, without further compensation, except where prohibited by law.
20.15 Privacy. Personal information collected in connection with a Promotion is handled in accordance with our Privacy Policy at [PRIVACY POLICY URL] and the Privacy Act 1988 (Cth). By entering, you consent to receiving marketing communications from us. You may unsubscribe at any time by following the instructions in any communication or contacting info@formermerchandise.com.au.
20.16 Platform disclaimer. Promotions are in no way sponsored, endorsed, administered by, or associated with Instagram, Meta, YouTube, Google, TikTok, or any other platform on which they may be promoted. By entering, you release those platforms from any and all liability arising in connection with the Promotion.
20.17 Promotional partners. Where a Promotion is run in conjunction with a partner — for example, a surfboard manufacturer — the partner's involvement is limited to that stated in the specific Promotion terms. The promoter named in Section 20.1 remains responsible for the conduct of the Promotion unless stated otherwise.
20.18 Liability. Subject to Section 1, the promoter is not liable for any loss, damage or injury arising from participation in a Promotion or from the use of any prize, including any technical failure preventing entry, or any loss, delay or damage in the delivery of a prize.
20.19 Amendment and cancellation. Subject to any applicable State or Territory requirements, the promoter reserves the right to amend, suspend or cancel a Promotion where circumstances beyond its reasonable control make it necessary, including technical failure, fraud, or any event that compromises the fair or proper conduct of the Promotion.
The obligations and liabilities of the parties incurred prior to termination survive termination of this agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or by ceasing to use our site.
If in our reasonable judgment you fail, or we suspect you have failed, to comply with any term of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services.
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision is nonetheless enforceable to the fullest extent permitted by applicable law, and the unenforceable portion is deemed severed from these Terms. This does not affect the validity and enforceability of any remaining provisions.
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms, together with our Returns Policy and Privacy Policy, constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements, communications and proposals, whether oral or written.
Any ambiguities in the interpretation of these Terms will not be construed against the drafting party.
These Terms and any separate agreements under which we provide you Services are governed by and construed in accordance with the laws of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of that State.
You can review the most current version of these Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.
Questions about these Terms of Service should be sent to:
Create & Supply Pty Ltd Unit 3 / 94 Township Drive, Burleigh Heads QLD 4220 info@formermerchandise.com.au