Terms & Condition

Terms & Conditions

Last updated: December 2025

1. Introduction

Welcome to FWD Athletica ("we," "our," or "us"). These Terms & Conditions govern your use of our website at www.fwdathletica.com.au and the purchase of products through our online store. By accessing or using our website, you agree to be bound by these terms.

Please read these Terms & Conditions carefully before using our services. If you do not agree with any part of these terms, you should not use our website or purchase our products.

2. Definitions

"Website" refers to www.fwdathletica.com.au and all associated pages and services
"Customer," "you," or "your" refers to the person or entity using our website or purchasing our products
"Products" refers to all athletic apparel, accessories, and merchandise available for purchase on our website
"Services" refers to all services provided through our website, including e-commerce, account management, and customer support
"ACL" refers to the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth)
"Order" refers to your request to purchase products from us

3. Australian Consumer Law - Your Rights

IMPORTANT: Your rights under Australian Consumer Law cannot be excluded.

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms & Conditions excludes, restricts, or modifies any consumer guarantees, statutory rights, or remedies that you may have under the ACL or other applicable laws.

3.1 Consumer Guarantees

Under the ACL, you have the following automatic guarantees when you purchase products from us:

Acceptable Quality: Products must be safe, durable, free from defects, and acceptable in appearance and finish
Fit for Purpose: Products must be suitable for any specific purpose you tell us about or for their normal purpose
Match Description: Products must match the description, sample, or demonstration model shown
Clear Title: You receive clear ownership of the products
Acceptable Quality of Services: Any services we provide must be rendered with due care and skill

3.2 Remedies for Failures

For Major Failures: If a product or service has a major failure (a significant problem that would have stopped you from buying it if you'd known about it), you can:

Reject the product and choose a refund or replacement, or
Keep the product and seek compensation for the drop in value

For Minor Failures: If the failure is minor and can be fixed within a reasonable time, we may choose to:

Repair the product
Replace the product
Provide a refund

You are also entitled to compensation for any other reasonably foreseeable loss or damage resulting from a failure to comply with consumer guarantees.

3.3 Reasonable Time

What constitutes a "reasonable time" for remedies depends on factors including the nature of the product, the severity of the problem, and the inconvenience caused. We aim to resolve all consumer guarantee issues within 14 days of receiving your claim.

4. Account Registration

4.1 Account Creation

To access certain features of our website, including faster checkout and order tracking, you may create an account. When you register, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Keep your password confidential and secure
Notify us immediately of any unauthorized access or security breach
Accept responsibility for all activities that occur under your account

4.2 Account Termination

You may close your account at any time by contacting us at info@fwdathletica.com.au. We may suspend or terminate your account if you breach these Terms & Conditions, engage in fraudulent activity, or for other reasonable cause. We will provide notice where practicable.

5. Products and Pricing

5.1 Product Information

We make every effort to display our products and their features as accurately as possible. However:

Colours may vary depending on your screen settings
Product dimensions are approximate
We do not warrant that product descriptions are complete, current, or error-free

5.2 Pricing

All prices are displayed in Australian Dollars (AUD) and include GST
Prices are subject to change without notice
The price applicable to your order is the price displayed at the time you complete your purchase
We reserve the right to correct pricing errors and may cancel orders placed at incorrect prices

5.3 Product Availability

All orders are subject to product availability
If a product becomes unavailable after you place an order, we will notify you promptly and offer a refund or alternative product

6. Ordering Process

6.1 Placing an Order

When you place an order:

You add products to your shopping cart
You proceed to checkout and provide delivery and payment information
You review and confirm your order
You receive an order confirmation email

6.2 Order Acceptance

Your order represents an offer to purchase products from us
Order confirmation does not constitute our acceptance of your order
We accept your order when we dispatch the products to you
We reserve the right to refuse or cancel orders for reasonable reasons, including:Suspected fraudulent activityPricing or product description errorsProduct unavailabilityDelivery address issuesBreach of these Terms & ConditionsPayment processing failures

6.3 Order Cancellation by You

You may cancel your order before dispatch by contacting us immediately at info@fwdathletica.com.au. If your order has already been dispatched, our returns policy will apply.

7. Payment

7.1 Payment Methods

We accept the following payment methods:

Visa, Mastercard, and American Express credit cards
Debit cards
PayPal
Other payment methods as displayed at checkout

7.2 Payment Processing

Payment is processed securely through Shopify Payments and other trusted payment gateway providers
Your payment information is encrypted and handled in accordance with PCI DSS standards
Payment must be received in full before we dispatch your order
We do not store your complete credit card details

7.3 Payment Issues

If your payment is declined or fails:

We will notify you promptly
Your order may be cancelled if payment cannot be processed
You remain responsible for any outstanding amounts owed

8. Shipping and Delivery

8.1 Shipping Locations

We currently ship to addresses within Australia only. We do not offer international shipping at this time.

8.2 Shipping Costs

We have a standard shipping fee and an express shipping option. Shipping costs are fixed and will be displayed at checkout based on the shipping method you select.
Shipping costs are non-refundable unless we have failed to deliver the products or the products do not meet consumer guarantees

8.3 Delivery Times

Estimated delivery times are provided at checkout and in your order confirmation
Delivery times are estimates only and are not guaranteed
Typical delivery times are: Metro areas: 3-7 business daysRegional areas: 5-10 business daysRemote areas: 7-14 business days
Delays may occur due to factors beyond our control, including public holidays, natural disasters, courier delays, or other force majeure events

8.4 Delivery and Risk

Products are delivered to the address you provide at checkout
You are responsible for providing an accurate and complete delivery address
Risk of loss or damage passes to you upon delivery to your nominated address or collection point
If products are damaged in transit, please contact us immediately with photos of the damage

8.5 Failed Delivery

If delivery cannot be completed:

The courier will make reasonable attempts to deliver or leave a card
You may need to collect from a postal facility or arrange redelivery
If you do not collect within the courier's holding period, the products may be returned to us, and you may be charged return shipping costs

9. Returns and Refunds

9.1 Consumer Guarantee Returns

You are entitled to a remedy under the Australian Consumer Law if products fail to meet consumer guarantees (see Section 3). These rights exist regardless of our voluntary returns policy and may extend beyond the timeframes stated below.

To make a consumer guarantee claim:

Submit a return request through the "Submit a Return" section on our website within a reasonable time of discovering the issue
Provide your order number, description of the problem, and photos if applicable
We will assess your claim and provide a remedy within 14 days
Alternatively, you may contact us directly at info@fwdathletica.com.au if you prefer

9.2 Voluntary Returns Policy (Change of Mind)

In addition to your consumer guarantee rights, we offer a voluntary 30-day change of mind returns policy:

Eligibility:

Products must be returned within 30 days of delivery
Products must be unworn, unwashed, and in original condition
Products must have all original tags attached
Products must be in original packaging where applicable

Non-Returnable Items:

Final sale items (marked as such at time of purchase)
Intimate apparel and swimwear (for hygiene reasons, unless faulty)
Products that have been worn, washed, or altered
Products without proof of purchase

Process:

Submit a return request through the "Submit a Return" section on our website
We will provide return instructions and a return authorization number via email
Package items securely with the return authorization number included
Ship to the address provided (you are responsible for return shipping costs)
We will process your refund or exchange within 10 business days of receiving the returned items

Return Costs:

You are responsible for return shipping costs for change of mind returns
We recommend using tracked and insured shipping
We are not responsible for items lost or damaged in return transit

9.3 Refunds

Refunds for change of mind returns will be issued to your original payment method
Refunds may take 5-10 business days to appear in your account
Original shipping costs are non-refundable for change of mind returns
Refunds for consumer guarantee failures will include any shipping costs paid

9.4 Exchanges

We offer exchanges for different sizes or colours where stock is available
Contact us to arrange an exchange
You may need to return the original item first

10. Intellectual Property

10.1 Ownership

All content on this website is owned by or licensed to FWD Athletica and is protected by Australian and international copyright, trademark, and other intellectual property laws. This includes:

Website design, layout, and graphics
FWD Athletica logos, trademarks, and brand elements
Product designs and images
Text, articles, and written content
Software and code

10.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes. You may not:

Reproduce, duplicate, copy, or resell any part of our website
Modify, adapt, or create derivative works
Use our content for commercial purposes without written permission
Remove or alter any copyright, trademark, or proprietary notices
Use automated systems or software to extract data (screen scraping)

10.3 User Content

If you submit content to our website (such as product reviews):

You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, and display that content
You represent that you own or have the right to submit such content
You agree that your content does not violate any third-party rights

11. User Conduct

You agree to use our website and services lawfully and appropriately. You must not:

Use the website for any illegal, fraudulent, or harmful purpose
Attempt to gain unauthorized access to our systems, servers, or networks
Interfere with or disrupt the website's functionality or security
Submit false, misleading, or fraudulent information
Impersonate another person or entity
Transmit viruses, malware, or other harmful code
Violate any applicable laws or regulations
Infringe on the rights of others
Use the website to harass, abuse, or harm others
Scrape, data mine, or use automated tools to access our website without permission

Violation of this section may result in immediate termination of your account and legal action.

12. Liability and Indemnity

12.1 Consumer Law Limitations

Nothing in this section limits your rights under the Australian Consumer Law or other statutory rights that cannot be excluded by law.

12.2 Liability Limitations

To the maximum extent permitted by law:

We are not liable for any indirect, incidental, consequential, or special damages, including loss of profits, data, or business opportunities
Our total liability to you for any claim arising from your use of our website or products is limited to the amount you paid for the relevant products
We are not responsible for delays or failures due to circumstances beyond our reasonable control

12.3 Your Indemnity

You agree to indemnify and hold harmless FWD Athletica, its directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

Your breach of these Terms & Conditions
Your violation of any law or third-party rights
Your use of our website or products
Your fraudulent or illegal activities

13. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and disclosure of your personal information is governed by our Privacy Policy, which forms part of these Terms & Conditions.

By using our website, you consent to the collection and use of your information as described in our Privacy Policy, available at [link to privacy policy].

Key points:

We collect personal information necessary to process orders and provide services
We use secure systems to protect your information
We do not sell your personal information to third parties
You have rights to access, correct, and delete your personal information
We share information with Shopify and other service providers as necessary to fulfill orders

For more information or to exercise your privacy rights, contact us at info@fwdathletica.com.au.

14. Third-Party Links and Services

14.1 External Links

Our website may contain links to third-party websites or services that are not owned or controlled by FWD Athletica. We are not responsible for:

The content, privacy policies, or practices of third-party websites
Any damages or losses arising from your use of third-party websites
The availability or accuracy of third-party websites

We recommend reviewing the terms and privacy policies of any third-party websites you visit.

14.2 Third-Party Services

We use third-party service providers (including Shopify, payment processors, and shipping carriers) to facilitate our services. These providers have their own terms and conditions, which apply to their services.

15. Dispute Resolution

15.1 Contact Us First

If you have any complaints, concerns, or disputes regarding our products or services, please contact us first:

Email: info@fwdathletica.com.au
Address: PO BOX 72 Port Melbourne, VIC 3207

We will make every effort to resolve your issue promptly and fairly, typically within 30 days.

15.2 External Dispute Resolution

If we are unable to resolve your dispute to your satisfaction, you may seek assistance from:

Consumer Affairs Victoria: www.consumer.vic.gov.au or 1300 558 181
Australian Competition and Consumer Commission (ACCC): www.accc.gov.au
Fair Trading Ombudsman in your state or territory

15.3 Legal Action

You may also pursue legal remedies available to you under Australian law, including in small claims courts or other appropriate tribunals.

16. Force Majeure

We are not liable for any failure or delay in performing our obligations under these Terms & Conditions where such failure or delay is due to circumstances beyond our reasonable control, including but not limited to:

Natural disasters (floods, fires, earthquakes, storms)
Pandemics, epidemics, or public health emergencies
War, terrorism, or civil unrest
Government actions, laws, or regulations
Labour disputes or strikes
Supplier or courier failures
Internet or telecommunications failures
Power outages or utility failures

During a force majeure event, our obligations are suspended for the duration of the event. We will make reasonable efforts to minimize the impact and resume normal operations as soon as practicable.

17. Changes to Terms & Conditions

17.1 Right to Modify

We may update, modify, or replace these Terms & Conditions from time to time to reflect:

Changes to our business practices
New legal requirements
Improvements to our services
Feedback from customers

17.2 Notice of Changes

When we make material changes to these Terms & Conditions:

We will update the "Last updated" date at the top of this page
We will provide notice through our website or via email to registered users
The notice period will be at least 30 days for significant changes
Changes will take effect after the notice period

17.3 Acceptance of Changes

Your continued use of our website after changes take effect constitutes your acceptance of the updated Terms & Conditions. If you do not agree to the changes, you should discontinue use of our website and may close your account by contacting us.

17.4 Prior Transactions

Changes to these Terms & Conditions do not affect the terms that applied to transactions completed before the changes took effect.

18. General Provisions

18.1 Entire Agreement

These Terms & Conditions, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and FWD Athletica regarding your use of our website and services.

18.2 Severability

If any provision of these Terms & Conditions is found to be invalid, unlawful, or unenforceable by a court or tribunal:

That provision will be deemed severed from these Terms & Conditions
The remaining provisions will continue in full force and effect
The invalid provision will be replaced with a valid provision that most closely reflects the original intent

18.3 Waiver

Our failure to enforce any right or provision of these Terms & Conditions does not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of FWD Athletica.

18.4 Assignment

You may not assign or transfer your rights or obligations under these Terms & Conditions without our prior written consent. We may assign or transfer our rights and obligations to a third party in connection with a merger, acquisition, sale of assets, or by operation of law.

18.5 Relationship

Nothing in these Terms & Conditions creates a partnership, joint venture, employment, or agency relationship between you and FWD Athletica. You have no authority to bind us or make commitments on our behalf.

18.6 Survival

Provisions of these Terms & Conditions that by their nature should survive termination will survive, including but not limited to: intellectual property rights, liability limitations, indemnification, and dispute resolution.

19. Governing Law and Jurisdiction

19.1 Applicable Law

These Terms & Conditions are governed by and construed in accordance with the laws of the State of Victoria, Australia, and the Commonwealth of Australia. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

19.2 Jurisdiction

You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Victoria, Australia, and any courts that may hear appeals from those courts, for any legal proceedings arising out of or relating to these Terms & Conditions.

19.3 Australian Consumer Law

Nothing in this section limits your rights under the Australian Consumer Law or your right to take action under that law.

20. Contact Information

If you have any questions, concerns, or feedback about these Terms & Conditions, please contact us:

FWD Athletica
Email: info@fwdathletica.com.au
Address: PO BOX 72 Port Melbourne, VIC 3207
Website: www.fwdathletica.com.au

Acknowledgment

By using our website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms & Conditions and our Privacy Policy.