TERMS OF SERVICE
Last updated: April 2026
Welcome to Forby Clothing. These Terms of Service ("Terms") govern your use of our website and your purchase of products from us. By accessing our website or placing an order, you agree to be bound by these Terms. Please read them carefully.
If you have any questions, please contact us at support@forby.com.au .
1. About Us
This website is operated by Forby Clothing ("Forby", "we", "us" or "our"). Throughout these Terms, "you" and "your" refer to the user or customer accessing our website or purchasing our products.
2. Acceptance of Terms
By using our website, creating an account or placing an order, you confirm that you:
- Are at least 16 years of age, or have the consent of a parent or guardian
- Have the legal capacity to enter into a binding contract
- Will use our website and products in accordance with these Terms and all applicable laws
If you do not agree to these Terms, please do not use our website.
3. Your Account
You may need to create an account to place certain orders. You agree to:
- Provide accurate, current and complete information
- Keep your login details confidential
- Notify us immediately of any unauthorised use of your account
- Be responsible for all activity that occurs under your account
We may suspend or terminate your account if you breach these Terms or engage in fraudulent or unlawful activity.
4. Products
We make every effort to display our products accurately, including colours, sizing and descriptions. However:
- Product images are for illustrative purposes and actual colours may vary slightly due to screen settings
- Sizing may vary between styles — please refer to the size guide on each product page
- We reserve the right to limit the quantity of any product, discontinue any product, or correct any errors in product descriptions or pricing
All products are subject to availability. If a product becomes unavailable after you place your order, we will contact you to arrange a refund or alternative.
5. Pricing
All prices are listed in Australian Dollars (AUD) and are inclusive of GST where applicable. Shipping costs are additional and are calculated at checkout.
We reserve the right to change our prices at any time, but changes will not affect orders that have already been accepted. If a product is listed at an incorrect price due to a typographical or system error, we may cancel the order and refund any payment made.
6. Orders
When you place an order, you are making an offer to purchase the products at the listed price. Your order is accepted only when we send you an order confirmation email. We reserve the right to refuse or cancel any order at our discretion, including where:
- The product is out of stock or unavailable
- There is an error in the listing or pricing
- We suspect fraudulent or unauthorised activity
- We are unable to verify your billing or shipping details
If we cancel your order after payment, we will issue a full refund to your original payment method.
7. Payment
We accept the payment methods listed at checkout, which may include credit/debit cards, Shopify Payments, PayPal, Afterpay and other providers. Payment is processed securely by our third-party payment partners — we do not store your full card details.
You authorise us to charge your chosen payment method for the total amount of your order, including any applicable taxes and shipping charges.
8. Shipping and Delivery
We ship within Australia and to selected international destinations. Shipping options, costs and estimated delivery times are shown at checkout.
- Delivery timeframes are estimates only and not guaranteed
- Risk of loss and title to the products passes to you on delivery to the address you provide
- We are not responsible for delays caused by the carrier, customs, weather or other circumstances outside our control
If your order does not arrive within a reasonable time, please contact us at support@forby.com.au.
9. Returns, Refunds and Consumer Guarantees
Your rights under the Australian Consumer Law
Our products come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). 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 products repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these Terms limits or excludes any guarantee, warranty, condition or right that you have under the ACL or other applicable law.
Change of mind returns
In addition to your ACL rights, we offer change-of-mind returns subject to the following conditions:
- Items must be returned within 30 days of delivery
- Items must be unworn, unwashed and in original condition with all tags attached
- Sale items, underwear and swimwear are not eligible for change-of-mind returns
- You are responsible for return shipping costs unless the item is faulty
To start a return, please email support@forby.com.au with your order number.
Faulty or incorrect items
If you receive a faulty, damaged or incorrect item, please contact us within a reasonable time. We will arrange a refund, replacement or repair in accordance with the Australian Consumer Law.
10. Intellectual Property
All content on our website — including the Forby name, logos, product designs, photography, graphics, text and software — is owned by or licensed to Forby and is protected by copyright, trade mark and other intellectual property laws.
You may not copy, reproduce, modify, distribute or commercially exploit any of our content without our prior written consent. You are granted a limited, non-exclusive licence to access and use our website for personal, non-commercial purposes only.
11. User Conduct
When using our website, you agree not to:
- Use the website for any unlawful purpose or in breach of these Terms
- Attempt to gain unauthorised access to our systems, accounts or data
- Interfere with the website's security or operation
- Use any automated tool (such as bots or scrapers) to access the website
- Post or transmit any content that is unlawful, offensive, defamatory, misleading or infringes another person's rights
- Impersonate any person or misrepresent your affiliation with any person or entity
We may suspend or terminate your access to our website if you breach this section.
12. Reviews and User Content
If you submit reviews, comments or other content to our website, you grant us a non-exclusive, royalty-free, worldwide licence to use, reproduce, modify and display that content in connection with our business. You confirm that any content you submit is your own and does not infringe the rights of any third party.
We may remove any content at our discretion, including content we consider offensive, misleading or inappropriate.
13. Privacy
Your privacy is important to us. Our Privacy Policy explains how we collect, use and protect your personal information and forms part of these Terms.
14. Third-Party Links
Our website may contain links to third-party websites or services that are not operated by us. We are not responsible for the content, policies or practices of those third parties, and their inclusion does not imply endorsement.
15. Disclaimer and Limitation of Liability
To the maximum extent permitted by law:
- Our website and products are provided on an "as is" and "as available" basis
- We do not guarantee that our website will be uninterrupted, error-free, secure or free from viruses
- We exclude all implied warranties, conditions and terms except those that cannot be excluded under the Australian Consumer Law
- Our total liability to you for any loss or damage arising from your use of our website or purchase of our products is limited to the price you paid for the relevant product
Nothing in these Terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be lawfully excluded.
16. Indemnity
You agree to indemnify and hold Forby, its directors, employees and agents harmless from any claim, loss or damage (including legal costs) arising from your breach of these Terms, your misuse of our website, or your violation of any law or third-party right.
17. Force Majeure
We are not liable for any delay or failure to perform our obligations under these Terms where the delay or failure is caused by events outside our reasonable control, including natural disasters, pandemics, strikes, supply chain disruptions, government actions or carrier delays.
18. Changes to These Terms
We may update these Terms from time to time. The latest version will always be available on our website with the "Last updated" date at the top. Continued use of our website after changes are posted means you accept the updated Terms.
19. Termination
We may suspend or terminate your access to our website at any time, without notice, if you breach these Terms or if we cease operating our online store. Termination does not affect any rights or obligations that have accrued before the date of termination.
20. Governing Law
These Terms are governed by the laws of Queensland, Australia. You and Forby each submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia for any dispute arising out of these Terms.
21. Severability
If any part of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
22. Contact Us
For questions about these Terms or your order, please contact:
Forby Clothing Email: support@forby.com.au