Terms of service

TERMS OF SERVICE

Last updated: 24 September 2026

OVERVIEW

Welcome to FP Design.

The terms “we”, “us” and “our” refer to FP Design. FP Design operates this online store and website, including the information, content, features, products and services made available through it (collectively, the “Services”).

Our online store is powered by Shopify, which provides the e-commerce platform that enables us to offer our products and Services to you.

These Terms of Service (“Terms”), together with our Privacy Policy, Refund & Returns Policy, Shipping Policy and any other policies referenced on our website, describe the terms that apply when you access our website or purchase from FP Design.

Please read these Terms carefully before using our Services or placing an order.

By accessing our website, using our Services or placing an order, you agree to these Terms and our applicable policies.

Nothing in these Terms excludes, restricts or modifies any rights or remedies that cannot lawfully be excluded under the Australian Consumer Law.

SECTION 1 – ACCESS AND ACCOUNTS

By using the Services, you represent that you are legally capable of entering into a transaction with FP Design or that you are using the Services with the appropriate permission or supervision of a parent or guardian where required.

When placing an order or creating an account, you may be required to provide information including your name, email address, phone number, billing information and shipping information.

You agree that information you provide to FP Design will be accurate, current and complete.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account.

You must not transfer, sell or assign your account to another person without our permission.

SECTION 2 – PRODUCTS AND PRODUCT INFORMATION

FP Design creates and sells personalised, custom-made and other products.

We make reasonable efforts to ensure product descriptions, photographs, measurements, colours and other information displayed on our website are accurate.

However, colours and product appearance may vary slightly depending on your screen, device settings, materials and production processes.

Handmade, personalised, printed, sublimated, engraved, etched or 3D-printed products may also have minor variations resulting from the production process.

These reasonable variations do not affect any rights you may have under Australian Consumer Law.

Product descriptions, prices and availability may be updated from time to time.

We may discontinue products or limit available quantities where reasonably necessary.

SECTION 3 – PERSONALISED AND CUSTOM-MADE PRODUCTS

FP Design specialises in personalised and custom-made products.

Customers are responsible for carefully checking all personalisation information before submitting an order, including:

  • Names

  • Spelling

  • Dates

  • Wording and messages

  • Sizes

  • Colours and selections

  • Photographs

  • Logos

  • Artwork

  • Other customisation information

Unless otherwise agreed, FP Design will produce personalised products using the information supplied or approved by the customer.

FP Design is not responsible for errors resulting directly from incorrect information supplied or approved by the customer.

Where FP Design makes an error when producing an item, or the product does not comply with an applicable consumer guarantee, please contact us so that we can assess the issue and provide an appropriate remedy.

Customer-Supplied Images and Artwork

Customers are responsible for ensuring that they have the necessary rights or permission to provide and use photographs, logos, trademarks, artwork, designs or other content submitted to FP Design.

FP Design reserves the right to refuse an order where we reasonably believe supplied content may:

  • Infringe another person's intellectual property rights

  • Be unlawful

  • Be threatening or abusive

  • Contain seriously offensive or inappropriate material

  • Otherwise expose FP Design to legal liability

If customer-supplied images or artwork are of insufficient quality for the requested product, we may contact the customer before production.

SECTION 4 – ORDERS

When you submit an order, you are making an offer to purchase the selected products.

An order is subject to acceptance by FP Design.

We reserve the right to decline or cancel an order where reasonably necessary, including where:

  • A product is unavailable

  • There is an obvious pricing or listing error

  • Payment cannot be processed

  • Required personalisation information has not been supplied

  • Customer-supplied content cannot reasonably be used

  • We reasonably suspect fraudulent or unlawful activity

  • We are unable to fulfil the order

If we cancel an order after payment has been received and no alternative arrangement is agreed with you, we will refund the amount paid for the cancelled product or order.

Please carefully review your order and personalisation information before submitting it.

Changes and Cancellations

If you need to change or cancel a personalised order, please contact FP Design as soon as possible.

We may be able to change or cancel an order if production has not commenced.

Once production of a personalised or custom-made product has commenced, changes or cancellations may not be possible.

This does not affect any rights you may have under Australian Consumer Law.

SECTION 5 – CUSTOM-MADE ITEMS, RETURNS AND REFUNDS

Because personalised and custom-made products are created specifically for the customer's requirements, FP Design does not accept returns, exchanges or refunds simply because a customer changes their mind.

We are also generally unable to provide a refund or replacement where an issue results from incorrect information supplied or approved by the customer, including incorrect:

  • Spelling

  • Names

  • Dates

  • Sizes

  • Colours

  • Images

  • Artwork

  • Wording

  • Other personalisation details

Minor variations in colour or appearance may occur because of differences between screens, materials and production processes.

These provisions do not affect your rights under Australian Consumer Law.

If your product arrives damaged, faulty, significantly different from its description or approved design, or you receive an incorrect product, please contact FP Design as soon as reasonably possible.

We may ask you to provide:

  • Your order number

  • Photographs showing the issue

  • A description of the problem

  • Other information reasonably required to assess the issue

Depending on the circumstances and your rights under Australian Consumer Law, an appropriate remedy may include a repair, replacement or refund.

Further information is available in our Refund & Returns Policy.

SECTION 6 – PRICES AND PAYMENT

Unless otherwise stated, prices displayed on the FP Design Australian store are in Australian dollars (AUD).

The price applicable to an order will generally be the price displayed when the order is submitted, subject to correction of obvious errors and applicable law.

Shipping charges, where applicable, will be displayed or calculated during checkout before you complete your purchase.

You agree to provide accurate and current billing and payment information.

Payments may be processed by Shopify or other third-party payment providers.

FP Design does not directly store your complete credit or debit card details.

Promotional offers, discount codes and sale prices may be subject to additional conditions and may be changed or withdrawn in accordance with applicable law.

SECTION 7 – SHIPPING AND DELIVERY

FP Design currently offers shipping and delivery only. Local pickup is not available.

Processing times and delivery estimates displayed on our website are estimates unless expressly stated otherwise.

Personalised and custom-made products may require additional production time before dispatch.

Delivery times may be affected by circumstances outside FP Design's reasonable control, including postal or courier delays.

Customers are responsible for providing a complete and accurate shipping address.

If an order cannot be delivered because an incorrect or incomplete address was supplied by the customer, reasonable additional shipping costs may be payable by the customer where permitted by law.

If your order has not arrived within a reasonable period after its expected delivery date, please contact FP Design so that we can assist with investigating the delivery.

Nothing in this section excludes, restricts or modifies your rights or remedies under Australian Consumer Law.

Further information about processing, dispatch and delivery is available in our Shipping Policy.

SECTION 8 – AUSTRALIAN CONSUMER LAW

Our goods come with consumer guarantees that cannot be excluded under Australian Consumer Law where those guarantees apply.

Nothing in these Terms is intended to exclude, restrict or modify any guarantee, right, remedy or protection that cannot lawfully be excluded or restricted.

Depending on the circumstances and whether a failure is major or minor, consumers may be entitled to remedies including repair, replacement, refund or compensation in accordance with Australian Consumer Law.

Where there is an inconsistency between these Terms and a right or remedy that cannot legally be excluded under Australian Consumer Law, the Australian Consumer Law will prevail.

SECTION 9 – INTELLECTUAL PROPERTY

Unless otherwise stated, the FP Design website and FP Design-created content, including our branding, logos, graphics, photographs, product designs, text and other original content, are owned by or licensed to FP Design and are protected by applicable intellectual property laws.

You must not reproduce, distribute, modify, publish, commercially exploit or otherwise use FP Design-owned content without our prior permission except where permitted by law.

Nothing in these Terms transfers ownership of FP Design's intellectual property to you.

Third-party logos, trademarks, artwork and other intellectual property remain the property of their respective owners.

Permission granted to FP Design by a customer to reproduce customer-supplied material for an order does not transfer ownership of that material to FP Design.

SECTION 10 – THIRD-PARTY SERVICES AND TOOLS

Our website may provide access to services, applications, payment systems or other tools supplied by third parties.

Your use of third-party services may also be subject to the provider's own terms and privacy policies.

FP Design is not responsible for third-party services except to the extent responsibility cannot lawfully be excluded.

We encourage customers to review the terms and privacy policies of relevant third-party providers.

SECTION 11 – THIRD-PARTY LINKS

Our website may contain links to websites operated by third parties.

FP Design does not control third-party websites and is not responsible for their content, security, availability or privacy practices.

Accessing a third-party website is subject to that website's own terms and policies.

Nothing in this section limits any liability that cannot lawfully be excluded.

SECTION 12 – RELATIONSHIP WITH SHOPIFY

FP Design's online store is powered by Shopify, which provides the e-commerce platform used to deliver our online store and related functionality.

Products purchased through the FP Design store are sold by FP Design and not by Shopify.

Shopify may collect and process information relating to your use of the store in accordance with its applicable privacy practices and policies.

Nothing in this section affects any rights you may have against FP Design under Australian Consumer Law or other applicable laws.

SECTION 13 – PRIVACY

FP Design handles personal information in accordance with our Privacy Policy and applicable law.

Information collected through our online store may also be processed by Shopify and other service providers that help us operate our website, process payments, fulfil orders, arrange shipping, provide analytics or deliver other business services.

Please refer to our Privacy Policy for further information about how FP Design collects, uses and handles personal information.

SECTION 14 – CUSTOMER REVIEWS AND FEEDBACK

If you voluntarily provide FP Design with a review, testimonial, suggestion or other feedback, you grant FP Design permission to use that feedback for reasonable business and promotional purposes, subject to applicable law.

We will not knowingly misrepresent the substance of a genuine customer review.

You must not submit content that:

  • Infringes another person's intellectual property rights

  • Is unlawful

  • Is defamatory

  • Contains malicious software

  • Misrepresents your identity or experience

  • Otherwise violates applicable law

You remain responsible for content you submit.

SECTION 15 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally our website may contain typographical errors, inaccuracies or omissions relating to matters such as:

  • Product descriptions

  • Prices

  • Promotions

  • Shipping charges

  • Processing times

  • Delivery estimates

  • Product availability

We may correct errors or update information where reasonably necessary.

If an error materially affects an order you have already placed, we will handle the matter in accordance with applicable law and contact you where appropriate.

Nothing in this section limits your rights under Australian Consumer Law.

SECTION 16 – PROHIBITED USES

You may use our website and Services only for lawful purposes.

You must not use our Services to:

  • Violate applicable laws or regulations

  • Infringe intellectual property rights

  • Harass, threaten or abuse another person

  • Submit deliberately false or misleading information

  • Introduce viruses, malware or other harmful code

  • Attempt to gain unauthorised access to our systems

  • Collect personal information about others without lawful authority

  • Conduct fraudulent activity

  • Interfere with the operation or security of the website

  • Scrape, copy or commercially exploit website content in an unauthorised manner

We may restrict access to our Services where we reasonably believe these Terms have been seriously violated.

SECTION 17 – TERMINATION OR SUSPENSION

We may suspend or terminate access to parts of our Services where reasonably necessary, including where a user has materially breached these Terms, engaged in fraudulent or unlawful conduct, or created a security risk.

Termination does not affect rights or obligations that arose before termination.

Provisions that by their nature are intended to continue after termination will remain in effect.

SECTION 18 – WARRANTIES AND DISCLAIMERS

We endeavour to provide accurate information and reliable Services, but we do not guarantee that our website will always be uninterrupted, completely secure or free from errors.

To the maximum extent permitted by law, any warranties or conditions that may lawfully be excluded are excluded.

However, nothing in these Terms excludes, restricts or modifies any consumer guarantee, statutory warranty or other right that cannot legally be excluded or restricted under Australian Consumer Law or other applicable legislation.

SECTION 19 – LIMITATION OF LIABILITY

To the maximum extent permitted by law, FP Design will not be liable for indirect, incidental, special or consequential losses arising from the use of our website or Services where such liability may lawfully be excluded.

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

In particular, nothing in this section excludes, restricts or modifies rights or remedies available under Australian Consumer Law that cannot legally be excluded, restricted or modified.

Where Australian Consumer Law provides a consumer with a right to compensation for reasonably foreseeable loss or damage resulting from a failure to comply with a consumer guarantee, nothing in these Terms is intended to remove that right.

SECTION 20 – INDEMNITY

To the extent permitted by law, you agree to be responsible for loss or damage reasonably suffered by FP Design as a direct result of:

  • Your material breach of these Terms

  • Your unlawful use of the Services

  • Your infringement of another person's intellectual property or other legal rights through material you supply to FP Design

This provision does not apply to the extent that the loss or damage was caused or contributed to by FP Design or where liability cannot lawfully be imposed on you.

SECTION 21 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be interpreted or severed to the minimum extent necessary.

The remaining provisions will continue to apply.

SECTION 22 – WAIVER AND ENTIRE AGREEMENT

If FP Design does not immediately exercise a right available under these Terms, that does not necessarily constitute a waiver of that right.

These Terms, together with the policies incorporated into them and any specific terms agreed in relation to an order, constitute the agreement governing your use of the Services.

Nothing in this section excludes representations, guarantees, rights or remedies that cannot lawfully be excluded.

SECTION 23 – ASSIGNMENT

You may not assign or transfer your rights or obligations under these Terms without our prior written consent where such consent is reasonably required.

FP Design may transfer its rights or obligations as part of a legitimate transfer, restructure or sale of the business, subject to applicable law.

SECTION 24 – GOVERNING LAW

These Terms are governed by the laws of New South Wales, Australia.

Subject to any rights you may have under applicable consumer law, disputes relating to these Terms or the Services may be dealt with by courts with appropriate jurisdiction in New South Wales and the Commonwealth of Australia.

Nothing in this section restricts any right a consumer may have to bring a claim in another jurisdiction where applicable law permits them to do so.

SECTION 25 – CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our business, Services, website or applicable legal requirements.

The current version will be published on our website with an updated revision date.

Where required by law, we will provide appropriate notice of material changes.

Changes will not retrospectively remove rights that have already arisen in relation to an existing order.

SECTION 26 – CONTACT INFORMATION

Questions about these Terms of Service or an FP Design order can be directed to:

FP Design
Email: FPDesign.au@gmail.com

IMPORTANT CONSUMER NOTICE

Nothing contained in these Terms of Service, our Refund & Returns Policy, Shipping Policy or any other FP Design policy is intended to exclude, restrict or modify rights or remedies that cannot lawfully be excluded under Australian Consumer Law.