Terms of service

These Terms of Service govern your use of the FOMA Collective website and the purchase of products through our platform. By accessing our website or placing an order, you agree to these Terms.

3.1 Marketplace Model (Critical Clause)

FOMA Collective operates as a curated multi-designer marketplace platform. We showcase and facilitate the sale of products created and supplied by independent designers and brands.

Depending on the product, fulfilment may be carried out by:

• FOMA Collective;
• the individual designer; or
• a third-party logistics provider.

While we carefully curate all designers, FOMA Collective does not manufacture all products listed on the platform.

To the extent permitted by law:

• Designers are responsible for product quality, accuracy of descriptions, and fulfilment;
• FOMA Collective acts as a facilitator, retailer, and curator of the platform experience.

Nothing in this clause excludes your rights under Australian Consumer Law.

3.2 Australian Consumer Law (Mandatory Clause)

Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law (ACL).

You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

3.3 Eligibility to Purchase

By placing an order, you confirm that:

• you are legally capable of entering into a binding contract;
• the information you provide is accurate and complete; and
• you are authorised to use the payment method supplied.

3.4 Product Information & Handcrafted Variation

We make reasonable efforts to ensure that product descriptions, images, measurements, and materials are accurate.

However, due to the nature of FOMA Collective products:

• many items are handcrafted, artisanal, or produced in small batches;
• slight variations in colour, fabric texture, print placement, embroidery, beadwork, or finishing may occur;
• these variations are not considered defects unless the item is materially different from its description.

Screen settings may also affect colour representation.

3.5 Orders & Acceptance

All orders placed are offers to purchase. We reserve the right to accept or reject any order at our discretion, including where:

• stock is unavailable;
• there is a pricing or listing error;
• we suspect fraudulent or abusive activity; or
• fulfilment is not possible.

If we cancel an order after payment, a refund will be issued.

3.6 Pricing

All prices are displayed in AUD (Australian Dollars) unless otherwise stated.

Prices may change without notice. We reserve the right to correct errors in pricing or product information before dispatch.

3.7 Shipping & Multi-Origin Fulfilment

FOMA Collective operates a multi-origin fulfilment model.

This means:

• items in a single order may be shipped separately;
• different processing times may apply;
• multiple tracking numbers may be issued.

Products may be dispatched from Australia or international designer locations.

Delivery timeframes are estimates only and may be affected by:

• customs processing;
• shipping carriers;
• peak periods; or
• external disruptions.

3.8 Customs, Duties & International Orders

For international orders, customers are responsible for:

• customs duties;
• import taxes;
• clearance fees.

FOMA Collective is not responsible for delays or additional costs caused by customs authorities.

3.9 Returns & Refunds

All returns and refunds are governed by our Return & Refund Policy, which forms part of these Terms.

Certain items may be non-returnable, including:

• made-to-order products;
• hygiene-sensitive items;
• final sale items.

This does not affect your rights under Australian Consumer Law.

3.10 Intellectual Property

All content on this website, including text, branding, imagery, and layout, is owned by or licensed to FOMA Collective.

All product designs, artworks, prints, cultural motifs, and creative expressions remain the intellectual property of the respective designers.

You must not reproduce, copy, distribute, or use any content without prior written permission.

3.11 User Conduct

You must not use this website:

• for unlawful purposes;
• to commit fraud or payment abuse;
• to interfere with the website functionality;
• to scrape or extract data without permission.

We reserve the right to suspend or terminate accounts for violations.

3.12 Limitation of Liability

To the extent permitted by law, FOMA Collective is not liable for:

• indirect or consequential losses;
• delays caused by third parties;
• customs-related issues;
• events outside our reasonable control.

Nothing in this clause excludes liability under the ACL.

3.13 Fraud & Abuse Protection

We reserve the right to:

• cancel suspicious orders;
• refuse returns where abuse is detected;
• restrict future purchases.

3.14 Third-Party Services

Our platform may integrate with third-party services such as Shopify, payment providers, and logistics partners. We are not responsible for their actions or policies.

3.15 Governing Law

These Terms are governed by the laws of Australia.

3.16 Changes to Terms

We may update these Terms from time to time. Continued use of the website constitutes acceptance of the updated Terms.

 

FOMA COLLECTIVE 
foma@gandhicreations.com.au
PO BOX 358 Balgowlah, NSW 2093
0449 786 056