Terms & Conditions

Terms & Conditions

Introduction

This website is operated by FYMENAH Pty Ltd (ACN 690 574 059) (we, our or us). These terms and conditions (Terms) govern your use of our website and the purchase of products through our website. By using our website or placing an order, you accept these Terms and enter into a binding agreement with us.

Our Disclosures

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

Our liability under these terms is limited as set out in the Limitations section below.
We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on our website or for featuring certain products or services on our website.

Nothing in these terms limit your rights under the Australian Consumer Law.

2. Orders

(a) You may order products as shown on our website. By placing an order, you agree to purchase the product(s) at the total price shown at checkout.

(b) We may accept or reject any order and will notify you within a reasonable time if we reject your order. Once we accept an order, a binding agreement is formed for the supply of products under these Terms.

(c) All purchases are subject to product availability. We do our best to keep products in stock and maintain accurate availability information on our website. Any pre-order products (not currently in stock) will be clearly marked on our website. Any dispatch dates shown are estimates only, and we are not liable for delays or date inaccuracies.

(d) We strive to ensure that product descriptions, specifications, prices, and images on our website are accurate. However, we do not warrant that product descriptions or other content is error-free, complete, or current. In the event of an error, we reserve the right to correct it and will notify you if this affects your order.

(e) We price all discount codes in Australian dollars. You cannot use discount codes in conjunction with any other offer, or to purchase gift cards.

(f) Colours and images displayed on our website may vary from the actual product due to monitor settings, lighting, and photography.

(g) We may cancel any accepted order before delivery for reasons including significant dispatch delays, inability to supply products due to circumstances beyond our control, errors on our website (such as incorrect descriptions, prices or images) or fraud. We will contact you using the details you provided when ordering.

2. Payments

(a) You must pay in full when you place your order.

(b) We list all prices in Australian dollars and include GST. If you are placing the order from Australia, the amount payable includes product price, delivery charges, and GST, as displayed at checkout. If you are ordering from a country outside Australia, we calculate costs using an integrated currency converter, and the price displayed at checkout may not include any applicable sales tax or value added tax. Where applicable, you will be liable for any applicable value added tax or sales tax for your order. You remain liable for any import duties or other charges imposed by customs or tax authorities. We are not responsible for varying currency conversion rates charged by your bank, or for any delays or additional costs resulting from customs clearance processes.

(c) We accept the payment methods displayed on our website at the time of purchase. Where we offer payment through third-party providers, your use of those payment methods may be governed by the third-party provider's separate terms and conditions, which you must review and accept directly with them.

(d) If we suspect that your order or payment method is fraudulent, we may contact you to confirm certain details. If you do not respond with the required information within 7 days, we may cancel your order.

3. Delivery, title and risk

(a) We will supply the products in accordance with these Terms.

(b) You are responsible for providing accurate delivery information, including the correct delivery address, contact details and any special delivery instructions. If you need to update your delivery information after placing your order, you must contact us immediately. We will make reasonable efforts to action your request before dispatch, but we cannot guarantee changes can be made once processing has commenced. We are not liable for any delays, non-delivery or additional costs arising from incorrect or incomplete information provided by you.

(c) We deliver to areas specified on our website. If you are outside our delivery area, please contact us to discuss alternative options.

(d) Any delivery timeframes shown on our website are estimates only.

(e) We use various delivery methods. Some deliveries require a signature, while others may be left in a safe place or at your nearest post office for collection, subject to your preferences and our delivery partner's policies.

(f) We retain title to the products until we receive payment of the full purchase price. Until title passes to you, you must not create, permit or allow any encumbrance, security interest, charge, lien or other third-party interest over the products.

(g) Risk in the products will pass to you when the products have been delivered to the delivery address, except where you have arranged for delivery by a carrier (not named as an option by us) yourself, in which case, risk in the products will pass to you on delivery to the carrier. If there is an issue with the delivery (such as damage or where you did not actually receive the delivery), we will assess your claim and liaise with our delivery partner.

(h) If you do not claim or if you refuse the delivery, our delivery partner may attempt re-delivery. If our delivery partner cannot arrange a re-delivery within a reasonable timeframe, our delivery partner or the relevant authorities in your country may destroy and abandon the delivery parcel. We will not provide refunds for delivery parcels that you refuse or do not claim.

(i) Subject to your Consumer Law Rights, we are not responsible for any loss, damage or theft of the products during transit or after delivery, except where such loss or damage is caused by our failure to comply with a consumer guarantee under the Australian Consumer Law.

(j) We accept returns for change of mind, subject to our Shipping and Returns Policy [insert hyperlink].

4. Australian Consumer Law

(a) Nothing in these Terms or the Shipping and Returns Policy attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law (Consumer Law Rights). Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.

(b) Where you return products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.

(c) Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the price of the relevant product. Please contact us for further information.

5. Liability

Despite anything to the contrary, but subject to your Consumer Law Rights, to the maximum extent permitted by law:

(a) we are not responsible for any losses that arise from you providing incorrect or inaccurate information to us;

(b) we will not be liable for indirect, consequential, or special losses or loss of profits, revenue, or business opportunities;

(c) our liability will be reduced proportionately where the loss was caused or contributed to by your acts, omissions, or failure to mitigate your losses; and

(d) our total liability arising from or relating to these Terms or the products will not exceed the amount you have paid for the specific products that are the subject of the relevant claim.

6. Use of Our Website

When using our website, you must not:

(a) breach any person's privacy, legal rights, or upload personal information without consent;

(b) defame, harass, threaten, or offend any person;

(d) interfere with other users or our website's operation;

(e) introduce viruses, malware, or attempt to modify or tamper with our website;

(f) send spam or unsolicited messages;

(g) use automated tools such as bots, scrapers, or data mining software;

(h) assist others in doing any of the above;

(i) provide false, inaccurate, or misleading information;

(j) use another person's details without authorisation; or

(k) fail to maintain the security of any access credentials we provide to you.

6. Intellectual Property

(a) All intellectual property rights in our website, products, content, branding, and materials (including copyright, trademarks, and designs) remain our property at all times.

(b) You must not, without our prior written consent:

(d) use our intellectual property for commercial purposes or revenue generation;

(e) modify, adapt, or create derivative works from our intellectual property;

(f) frame or embed our content in another website; or

(g) remove or alter any copyright notices or proprietary markings.

(h) You may share our content on social media or personal blogs provided you:

(i) do not claim ownership of our intellectual property;

(j) do not imply our endorsement unless explicitly agreed in writing; and

(k) do not damage our reputation or use our content in any illegal, misleading, or deceptive manner.

(l) If you submit content to our website (such as reviews, comments, or feedback), you:

(m) grant us a worldwide, royalty-free, non-exclusive licence to use, modify, and display that content for our business purposes;

(n) warrant that you own the content or have permission to submit it;

(o) acknowledge that we may remove any content at our discretion; and

(p) remain responsible for ensuring your content does not infringe third-party rights or violate any laws.

7. General

(a) Amendment: We may update these Terms at any time by publishing revised terms on our website. The Terms that apply to your order are those in effect when you place your order. We recommend reviewing the current Terms before each purchase.

(b) Complaints and Feedback: We are always looking to improve our services and products. If you have any feedback or a complaint, please notify us on our contact details set out in these Terms and we will take reasonable steps to address any concerns you have.

(c) Disputes: A party may not commence court proceedings relating to any dispute arising from, or in connection with, these Terms (Dispute) without first meeting a representative of the other party within 14 days of notifying that other party of the Dispute. If the parties cannot resolve the Dispute at that meeting, either party may refer the Dispute to mediation administered by the Australian Disputes Centre.

(d) Events Outside Our Control: We will not be liable for any delay or failure to perform our obligations if such delay or failure is caused or contributed to by an event or circumstance beyond our reasonable control.

(e) Governing Law: Both parties submit to the exclusive jurisdiction of the courts operating in New South Wales.

(f) Notices: Any notice given under these Terms must be in writing addressed to us at hello@fymenah.com.au or to you at the details provided when you submitted your order or in your account.

(g) Privacy: We will comply with all applicable data protection laws, and your personal information will be handled in accordance with our privacy policy (available on our website).

(h) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partially) in relation to these Terms do not operate as a waiver or prevent that party from exercising that power or right or any other power or right. A waiver must be in writing and will be effective only to the extent specifically stated.

Last update: 14 April 2026