Terms of service

TERMS AND CONDITIONS

This website is operated by FM Formal Wear. Throughout the site, the terms “we”, “us” and “our” refer to FM Formal Wear. FM Formal Wear offers this website, including all information, tools and products 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 and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products to you.

SECTION 1 - ONLINE STORE TERMS OF SALE

By agreeing to these Terms and Conditions, you represent that you are at least eighteen (18) years of age.

By placing an order with us you are offering to purchase a product/s and are subject to the following terms and conditions.

Whether you are using a Credit Card, Afterpay or PayPal to purchase your item/s you confirm that the details provided are true and accurate, that you are the authorised user of the payment method and that there are sufficient funds to cover the cost of the order being placed.

We reserve the right to cancel an order if we deem it to be fraudulent.

Certain products may be available exclusively online through the website. Orders are accepted, subject to availability of the items. Products may have limited quantities available and are subject to return or exchange only according to our Returns/Refund Policy.

SECTION 2 - MODIFICATIONS TO PRODUCTS AND PRICES

All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of FM Formal Wear. We will always try to accurately describe the products available on our website, however, errors may occur. We reserve the right to discontinue any product at any time.

SECTION 3 – COLOURS DISPLAYED ONLINE

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer or mobile phones monitor's display of any colour will be accurate as it depends on brightness and contrast settings on your device.

SECTION 4 – PAYMENTS

Once your order is placed a pre-authorisation check is conducted on your credit card to ensure sufficient funds are available.

We reserve the right to cancel an order if we deem it to be fraudulent.

SECTION 5 – ORDER CANCELLATION

If you place an order for a Stock Item it is likely that your order has already been sent as these items are despatched within one (1) business day. If this is the case you can return the item/s for a refund as per our Returns/Refund Policy. If you wish to cancel an order that was placed for an ‘Order In’ or ‘Made to Order’ item you can only do so within 48hrs. After this time, it is likely that we will have placed your order with the factory and the terms of the Returns/Refund Policy will come in to affect.

SECTION 6 – DELIVERY OF ITEMS POSTED

Delivery times will vary, depending on the item/s ordered and also Australia Post. We cannot be held responsible for any delays in delivery that are out of our control. When your order is despatched you will receive a tracking number. ‘Order In’ and ‘Made to Order’ items will have a 4-6 week delivery. Any ‘Stock’ items are despatched within one (1) business day, unless otherwise notified. We also offer pick up from our Newport, Queensland studio.

SECTION 7 – FAULTY/DEFFECTIVE ITEMS

We do our best to ensure that items sent to you are in perfect condition and they are quality checked before being despatched, however, sometimes we miss something. If you receive an item that is faulty or defective in some way, please contact us within two (2) business days to advise of the issue and supply photographs of the item/s fault/defect. We will then replace the item where possible or a full refund will be provided once the item is returned.

SECTION 8 – PROMOTIONS AND DISCOUNTS

FM Formal Wear may, from time to time, offer a promotional code, seconds or discounted products. The terms and conditions of such offers will be included in the voucher or in the description of the discounted category/item. The terms of Returns/Refunds of these items can be found in our Returns/Refund Policy. Vouchers cannot be redeemed for cash and each voucher/promotional code can only be used once per item. The value of the voucher/promotion will not be refunded it an item/s is returned.

SECTION 9 – RETURNS/REFUNDS

We know that buying online can sometimes be tricky as the item may not be what you envisioned. We do accept returns on most items, however, any returns must be made within thirty (30) days of Australia Post confirmation of delivery. You must notify us within two (2) business days if an item is received faulty/defective or within seven (7) days for all other returns. You can find more information on refunds and returns in our Returns/Refund Policy.

SECTION 10 – USE OF OUR WEBSITE

In addition to other prohibitions as set forth in the Terms and Conditions, in using our website you confirm that you understand that 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, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, 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 type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (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 this or any related website, other websites, or the Internet. A breach of these conditions will constitute a criminal offence under the Cybercrime Act 2001 and will be reported to the relevant authorities.

SECTION 11 - THIRD-PARTY LINKS

Certain services available via our website (i.e. PayPal and Afterpay payment) may include materials from third-parties.
Third-party links on this site may direct you to third-party website/s that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 12 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 13 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. It is your responsibility to maintain the confidentiality of account information, including your password.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless FM Formal Wear, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – INTELLECTUAL PROPERTY RIGHTS AND LICENCES, TRADEMARKS AND COPYRIGHT

All of the content you see on our website, including photographs, written content, blogs, page headers, videos are subject to intellectual property rights or licences of either us or a third party that has licenced their materials to us to use as we deem fit.

You may download, print or store selected portions of the content, including images provided you (a) the content is for your personal use only (b) do not copy or post the content to any other platform without our permission (c) do not alter or modify any content. Failure to adhere to this is a breach of our intellectual property.

SECTION 16 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Conditions, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 17 - CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.

SECTION 18 - CONTACT INFORMATION

Questions about the Terms and Conditions should be sent to us at fmformalwear@outlook.com

SECTION 19 - SMS POLICY

SMS/MMS Mobile Message Marketing Program Terms and Conditions

FM Formal Wear (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in, subject to these Mobile Messaging Terms and Conditions (the “Agreement”). We may modify or cancel the Program or any of its features without notice. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts. We may also modify this Agreement at any time and your continued use of the Program following the effective date of any such changes shall constitute your acceptance of such changes.

The Program allows Users to receive SMS/MMS mobile messages by opting into the Program, such as through online or application-based subscription forms. Your consent to receive automated marketing text messages is not required as a condition of purchasing any goods or services. Regardless of the opt-in method you used to join the Program, you agree that this Agreement applies to your participation in the Program. If you have opted in, the Program provides updates, alerts, information, promotions, specials, and other marketing offers (e.g., product discounts) from FM Formal Wear via text messages through your wireless provider to the mobile number you provided. SMS/MMS mobile messages may be sent using an automated telephone dialing system or other technology. Message frequency varies. You are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile message from Us in order to opt-out of the Program. You may receive an additional mobile message confirming your decision to opt-out. You understand and agree that the preceding options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

For any questions please text "HELP" to the number you received the messages from. You can also contact us for more information. If you wish to opt-out please follow the procedures above.

We may change any telephone number we use to operate the Program at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Program are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages, including, without limitation, notifying us immediately if you change your mobile number.

You agree to indemnify, defend, and hold us harmless from any third-party claims, liability, damages, or costs arising from your use of the Program or from you providing us with a phone number that is not your own. If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the Opt-Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a required part of these terms and conditions. You further agree that, if you change your telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the SMS/MMS mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Program, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18), and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.