AGREEMENT TO TERMS

These Terms of Service (“Terms”) form a legally binding agreement between you (whether personally or on behalf of an entity) and The Fabric Shop Pty Ltd (ABN: 69 693 515 687) (“The Fabric Shop”, “we”, “us”, “our”) concerning your access to and use of The Fabric Shop’s websites and services, including:

• https://www.thefabricshop.com (our primary website)
• our regional domains, which route to the Site and support local branding where required: https://www.thefabricshop.au (Australia), https://www.thefabricshop.uk (United Kingdom), https://www.thefabricshop.eu (European Union), and https://www.thefabricshop.us (United States)

and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

By accessing the Site, creating an account, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you must not use the Site.

Statutory Rights. Nothing in these Terms limits or excludes any guarantees, warranties, rights, or remedies you may have under the Australian Consumer Law (ACL) (Schedule 2 of the Competition and Consumer Act 2010 (Cth)), or equivalent consumer protection legislation applicable in your jurisdiction (including the UK Consumer Rights Act 2015, and the EU Consumer Rights Directive 2011/83/EU as implemented in your country of residence). Where there is any inconsistency between these Terms and your statutory rights, your statutory rights prevail.

WHO WE ARE AND WHERE YOUR ORDER COMES FROM

Supplier of Record. The Fabric Shop Pty Ltd is the supplier of record for all orders placed through the Site, regardless of the country from which your order is shipped. Any questions, claims, or disputes concerning your order are addressed to and resolved by The Fabric Shop Pty Ltd.

Global Fulfilment. Orders are fulfilled by our overseas fulfilment operation in China. All orders ship internationally, including orders delivered to addresses within Australia, and may be subject to customs processing in the destination country. See Sections 8 and 9 for details on shipping, customs duties, and import taxes.

Registered Office. The Fabric Shop Pty Ltd is registered in Victoria, Australia. Our registered office address is 17 Coleman Parade, Suite #1017, Glen Waverley, VIC 3150. Our contact details are set out in Section 20.

DESCRIPTION OF SERVICES

The Fabric Shop operates two primary services. For clarity, the following product taxonomy applies throughout these Terms and our related policies:

3.1 The Yard (Stocked Items)

“The Yard” refers to our range of pre-stocked products, held as existing inventory and not made to order. For the purpose of returns, cancellation, and statutory withdrawal rights, The Yard is further divided into:

• Cut-to-Length Goods: fabrics, trims, and similar items that are cut to your chosen length from bulk stock (e.g., fabric sold by the metre). These are treated as goods made to the consumer’s specification for the purpose of EU and UK withdrawal rights.
• Packaged / Whole-Unit Goods: pre-packaged or whole-unit items sold as-is (e.g., zippers, buttons, reels of elastic, packaged notions and haberdashery). These are treated as non-custom goods.

3.2 PrintLab (Custom Fabric Printing)

“PrintLab” is our custom fabric printing service, which allows you to:

• Customer Content: upload your own digital designs to be printed onto a fabric base of your choice; or
• Library Content: select a design offered by one of our Design Partners through their studio on PrintLab (see Section 6.3), to be printed onto a fabric base of your choice.

All PrintLab orders are made to the customer’s individual specification and are custom goods for the purpose of returns, cancellation, and statutory withdrawal rights.

USER ACCOUNTS

4.1 Eligibility

You must be at least 18 years of age, or the age of legal majority in your jurisdiction (whichever is greater), to create an account or place an order. By creating an account, you warrant that you meet this requirement.

4.2 Account Security

You are responsible for maintaining the confidentiality of your password and for all activity that occurs under your account. You agree to notify us immediately at hello@thefabricshop.com of any unauthorised use of your account.

4.3 Accurate Information

You agree to provide accurate, current, and complete information when creating an account, placing an order, or registering as a Design Partner. You agree to update your information promptly if it changes.

4.4 Username and Display Name

We reserve the right to remove, reclaim, or change a username or display name that we determine, in our sole discretion, is inappropriate, offensive, infringing, or otherwise objectionable.

USER OBLIGATIONS AND PROHIBITED CONDUCT

As a condition of using the Site and its services, you agree not to:

• Engage in any activity that is illegal under the law of Australia, your country of residence, or any applicable international law.
• Upload, submit, or create any content that is fraudulent, misleading, defamatory, obscene, hateful, or that infringes on any third party’s intellectual property, privacy, or publicity rights.
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity.
• Use the Site or its services for unsolicited commercial advertising or solicitation without our prior written consent.
• Upload any file containing viruses, malware, or other harmful code.
• Attempt to circumvent, disable, or otherwise interfere with security features of the Site.
• Use automated means (including bots, scrapers, or data-mining tools) to access the Site, other than publicly available search engine indexing.
• Use the Site in a manner that places undue load on our infrastructure or disrupts other users.

INTELLECTUAL PROPERTY RIGHTS

6.1 Our Content

Unless otherwise indicated, the Site and its original content, features, and functionality (including text, graphics, logos, icons, images, software, and the compilation of content) are the proprietary property of The Fabric Shop Pty Ltd or our licensors, and are protected by copyright, trademark, and other intellectual property laws.

6.2 Customer Content (Uploaded by You to PrintLab)

You retain full ownership and all intellectual property rights in the Customer Content you upload to PrintLab. By uploading Customer Content, you grant us a limited, non-exclusive, worldwide, royalty-free licence to use, reproduce, modify (for technical printing purposes), and manufacture your Customer Content for the sole purpose of fulfilling your order. We will not use your Customer Content for marketing, advertising, or any other purpose without your express prior written consent. Full terms governing the upload of Customer Content are set out in the PrintLab Design Submission Agreement, which is incorporated into these Terms by reference. You are responsible for keeping your own backup copies of any Customer Content you upload; the platform is not a file archive. We retain Customer Content only for as long as needed to fulfil your order and to cover the claims and reprint window described in our Returns, Refunds & Claims Policy, after which it is deleted from our systems and from those of our fulfilment operation.

6.3 Library Content (Our Design Partners’ Work)

Designs in our curated library (“Library Content”) remain the intellectual property of the respective Design Partners or licensors. When you order a product printed with Library Content:

• you acquire ownership of the physical printed fabric;
• you may use the printed fabric to make finished items (such as garments, homewares, and accessories) for personal or commercial purposes, including the sale of those finished items, without limit on quantity;
• you acquire no rights in the underlying digital design file;
• you must not reproduce, scan, trace, digitise, extract, or otherwise copy the design in any form, print it or cause it to be printed on any other product, create derivative designs from it, resell or distribute the digital design or any direct reproduction of it, or represent that your goods are made, endorsed, or approved by The Fabric Shop or by the Design Partner.

6.4 Your Warranty Regarding Uploaded Content

You warrant and represent that you are the legal owner of, or have obtained all necessary licences, rights, consents, and permissions for, any content you upload to the Site. You agree to indemnify The Fabric Shop Pty Ltd against any claim, damage, loss, cost, or expense arising from a breach of this warranty.

6.5 AI-Generated Content

6.5.1 Customer Content. You are responsible for ensuring that any Customer Content you upload is yours to use and infringes no one. Whatever tools you use to create it, you warrant that you hold all rights, licences, and permissions necessary to reproduce and have it printed, and that it does not reproduce or substantially imitate any copyrighted work, registered or unregistered trademark, trade dress, the distinctive style of a living artist, or the name, image, or likeness of any identifiable person, in each case without authorisation. Your warranty and indemnity under Section 6.4 apply to all Customer Content. We may decline to print, or remove, any Customer Content where, in our reasonable opinion, the legal or reputational risk is unacceptable.

6.5.2 Library Content. Library Content must be the original work of human authorship of the Design Partner who offers it, and must not be created, in whole or in substantial part, using generative AI tools. The standards that apply to Library Content, and the consequences of breach, are set out in Section 5.4 of the Design Partner Agreement and in our IP and Takedown Policy.

6.6 Prohibited Content

You are prohibited from uploading any content that is unlawful, obscene, threatening, defamatory, that infringes on the intellectual property rights of any party, or that is otherwise objectionable. We reserve the right, but are under no obligation, to review content and to refuse any order that, in our sole discretion, violates these standards. It is our policy, in appropriate circumstances and in our discretion, to disable or terminate the accounts of users who are repeat infringers of the intellectual property rights of others. Full details are set out in our PrintLab Design Submission Agreement and our IP & Takedown Policy.

ORDERS, PRICING, AND PAYMENT

7.1 Invitation to Treat; When the Contract is Formed

All products displayed on the Site are an invitation to treat and not an offer by us to sell at any particular price. Placing an order constitutes an offer by you to purchase the goods at the displayed price. A binding contract of sale is formed only when we send you an Order Confirmation Email confirming that your order has been accepted and, for PrintLab orders, that production has been scheduled. We reserve the right, at any time before sending the Order Confirmation Email, to decline or cancel any order for any reason.

7.2 Minimum Order Quantities (MOQs)

To ensure efficient production and handling, the following minimum order quantities and increments apply:

7.3 Pricing and Currency

Prices are displayed in the currency applicable to your market:

• Australian customers: Australian Dollars (AUD), inclusive of GST where applicable.
• United Kingdom customers: Pounds Sterling (GBP), inclusive of UK VAT where we are required to collect it.
• European Union customers: Euros (EUR), inclusive of applicable VAT where we are required to collect it.
• United States customers: US Dollars (USD). United States state and local sales taxes are not collected by us at checkout and may be assessed separately (see Section 9).
• New Zealand customers: New Zealand Dollars (NZD), inclusive of GST where we are required to collect it.
• Canadian customers: Canadian Dollars (CAD). Canadian federal and provincial taxes are not collected by us at checkout and may be assessed separately (see Section 9).
• Japanese customers: Japanese Yen (JPY). Japanese consumption tax is not collected by us at checkout and may be assessed separately (see Section 9).

As our products are shipped from outside your country of residence, your order will be subject to customs processing in the destination country. Applicable customs duties and import taxes are calculated, displayed, and collected at checkout, as described in Section 9. The total shown at checkout is the total payable for your order.

7.4 Pricing Errors

Despite our reasonable efforts, a small number of products on the Site may occasionally be mispriced. Where the correct price of a product is higher than the price listed on the Site at the time of your order, we may, at our discretion, contact you for instructions before shipping, or cancel your order and notify you of the cancellation. To the extent permitted by law, we are not obliged to supply a product at an incorrect lower price.

7.5 Payment

Payment for all orders must be made in full at the time of purchase. Payments are processed through Shopify’s payment infrastructure (including Shopify Payments and connected payment methods), which is PCI-DSS compliant. We do not store your full payment card details. By submitting payment information, you authorise us (through our payment processor) to charge the total amount of your order to your nominated payment method.

7.6 Fraud and Chargebacks

We reserve the right to refuse, cancel, or hold any order where we reasonably suspect fraudulent activity, chargeback abuse, or breach of these Terms. Where an unjustified chargeback is raised against your order, we reserve the right to suspend or terminate your account and to recover the disputed amount and reasonable costs from you by any lawful means.

7.7 Gift Cards and Store Credit

Gift cards purchased from the Site are valid for at least three years from the date of purchase, and the expiry date is shown on the card. We do not charge any fee for holding or redeeming a gift card after it has been purchased.

Gift cards and store credit are a method of payment, not a discount. They may be redeemed towards the price of any product on the Site, and may be combined with another payment method where the balance is insufficient to cover your order.

Gift cards and store credit are not redeemable for cash, are not transferable for value, and are not refundable for change of mind. Where we refund an order that was paid for in whole or in part by gift card or store credit, we return the corresponding amount to a gift card or store credit balance, and refund any remaining amount to the original payment method.

Nothing in this Section limits your rights under the Australian Consumer Law, or equivalent consumer protection legislation in your jurisdiction, including where a gift card is faulty or is not supplied as described.

PRODUCTION, SHIPPING, AND DELIVERY

8.1 Estimated Production and Dispatch Times

All times below are estimates and are not guarantees. Actual times may vary depending on order volume, fabric availability, and operational factors.

During high-volume periods (for example, sale events or the end-of-year holiday period), dispatch may take longer than the estimates above. We will communicate any material delays to you by email.

8.2 Shipping Origin and Carriers

Orders ship from our overseas fulfilment operation in China, using international carriers selected by The Fabric Shop. A tracking number will be provided for most orders via a Shipping Confirmation Email. Estimated transit times, available service levels, and applicable shipping costs will be displayed at checkout before you confirm your order. We do not offer free shipping as a default.

8.3 Risk and Title

Risk in the goods passes to you on delivery to the address you nominated at checkout. Title in the goods passes to you once payment has been received in full and the goods have been delivered.

8.4 Combined Orders

Where you place a combined order containing items from both The Yard and PrintLab in the same transaction, the entire order will be held until all items are ready, and will be shipped together. If you require The Yard items sooner, please place two separate orders.

8.5 Delivery Delays and Lost Parcels

We cannot control delays caused by carriers, customs authorities, weather events, strikes, or other events outside our reasonable control. Details of our procedure for delayed, damaged, or lost parcels are set out in our Shipping & Delivery Policy.

8.6 Authority to Leave

By default, parcels may require a signature on delivery. If you select “Authority to Leave” at checkout, you accept that, once the carrier has recorded delivery to your nominated address, The Fabric Shop is not responsible for parcels that are subsequently lost, stolen, or damaged. Nothing in this clause limits any rights you have under applicable consumer protection law.

CUSTOMS DUTIES, IMPORT TAXES, AND DESTINATION CHARGES

We calculate and display the customs duties, import taxes, and consumption taxes (such as GST or VAT) that apply to your delivery destination, and we show them at checkout. The total shown at checkout is the total payable for your order.

Duties and import taxes. For all destinations, we calculate, collect, and arrange payment of applicable customs duties and import taxes at checkout. The price shown at checkout is the price you pay, and no separate invoice for those duties or import taxes will be issued to you on delivery.

GST and VAT. Where we are registered or otherwise required to collect it, including for orders delivered to Australia, New Zealand, the United Kingdom, and the European Union, we charge and collect goods and services tax (GST) or value-added tax (VAT) at checkout at the applicable rate and remit it to the relevant authority. You should not be charged that tax again on import.

Local sales taxes. For some destinations, including the United States, Canada, and Japan, a local sales tax or consumption tax (such as United States state or local sales tax, Canadian federal and provincial taxes, or Japanese consumption tax) may be assessed separately on or after delivery. Such local taxes are not collected by us at checkout and, where they apply, are payable by you.

Amounts shown at checkout. The duties and taxes shown at checkout are calculated from the destination, declared value, and product classification of your order at the time you place it, and are the amounts collected in respect of duties and import taxes for your order.

Non-Delivery or Refusal of Delivery. Because duties and import taxes are settled at checkout, there is usually nothing further to pay on delivery. If, however, you refuse delivery of your order, or a charge assessed on arrival (such as a local sales tax) is not paid, the parcel may be held by customs, returned to us, destroyed, or abandoned. In those circumstances:

• duties, import taxes, and handling fees already paid are not refundable by The Fabric Shop;
• return shipping costs, destruction fees, and abandonment costs (if any) are your responsibility;
• where a parcel is successfully returned to us, we will refund the price of the goods less any shipping, return shipping, duty, tax, handling, and reasonable restocking charges incurred.

COLOUR, FABRIC, AND PRINT VARIATION

10.1 Colour Variation

We do not guarantee that the colour of the finished printed fabric will be an exact match to what you see on your screen. Variations in monitor calibration, device settings, ambient lighting, and the absorbency and texture of the selected fabric base can all affect the final appearance of a print.

10.2 Batch-to-Batch Variation

Even on reprints of the same design, slight variations can occur between production runs in colour, print sharpness, and fabric hand-feel. For commercial production runs where consistency is critical, we strongly recommend ordering all required yardage in a single production run and purchasing a sample swatch first.

10.3 Printer and Base-Fabric Variation

Different fabric bases absorb and display ink differently, and different printing machines produce minor variations in output. Variation arising from these factors is inherent to textile printing and is not considered a manufacturing fault.

10.4 Sample Swatch Service and Base Fabrics Pack

We strongly recommend purchasing a paid Sample Swatch before placing a larger order, whether for The Yard or PrintLab. A Sample Swatch is the most reliable way to verify colour, print scale, fabric weight and texture, and design clarity. We also offer a Base Fabrics Pack, a boxed set containing a printed swatch of each of our base fabrics, for evaluating fabric weight, drape, hand-feel, and print rendering across our range. Sample Swatches and the Base Fabrics Pack are final-sale items for change-of-mind purposes (see Section 11.2); your statutory rights in respect of faults are unaffected.

10.5 Acceptance of Risk

By placing a full-size order without first purchasing a Sample Swatch, you acknowledge the risk of colour and scale variation and accept that such variation is not grounds for a refund. This acceptance does not limit any rights you may have under the ACL or equivalent consumer protection legislation in your jurisdiction.

10.6 Dimensional Tolerance, Shrinkage, and Print Placement

Textiles move during printing, steaming, washing, and finishing, and finished goods may therefore vary from nominal figures within the following tolerances. Cut lengths are measured at the point of cutting; a finished piece may differ from the nominal cut length by up to 3%. The usable printed width may be up to 5 cm narrower than the nominal width of the base fabric after selvedge trimming. Shrinkage varies by base fabric and is stated in the care guidance for that fabric. Repeat alignment and print placement are subject to a tolerance of up to 2 cm.

Variation within these tolerances is inherent to textile production and is not a manufacturing fault. Where goods fall outside the stated tolerances, that is a fault and your statutory rights under Section 11.4 are unaffected.

CANCELLATIONS, RETURNS, REFUNDS, AND WITHDRAWAL RIGHTS

11.1 Cancellations

• PrintLab (all): because PrintLab orders are made to your individual specification, they enter our production queue shortly after the Order Confirmation Email is sent. Once production has commenced, PrintLab orders cannot be cancelled.
• The Yard (Cut-to-Length): because cut-to-length goods are cut to your chosen length, cancellation is only possible if we receive your cancellation request by email before the fabric has been cut.
• The Yard (Packaged Goods): you may cancel a packaged-goods order by email at any time before the order has been packed and dispatched.

11.2 Change of Mind

Fabric (PrintLab and The Yard, Cut-to-Length). Subject to your statutory rights (Section 11.4), we do not offer returns, refunds, or exchanges for change of mind on PrintLab orders or Cut-to-Length Goods, because these items are printed or cut to your individual specification.

Packaged / Whole-Unit Goods: our global returns policy. We offer all customers, in every market, a voluntary 14-day change-of-mind return on The Yard: Packaged / Whole-Unit Goods (zippers, buttons, reels of elastic, packaged notions and haberdashery). The mechanics of this policy are the same worldwide and mirror the withdrawal mechanics in Section 11.3:

• notify us at hello@thefabricshop.com within 14 days of delivery, stating your Order Number and the items you wish to return;
• return the goods within 14 days of your notice, in their original packaging and with labels where possible, to the return address we provide;
• you bear the direct cost of returning the goods, or you may use a return shipping label we supply, the cost of which will be deducted from your refund;
• we will refund the price of the goods and the cost of standard outbound delivery (up to the cost of our least expensive standard delivery option), less any deduction for diminished value of the goods caused by handling beyond what is necessary to establish their nature, characteristics, and functioning, within 14 days of receiving the returned goods (or from the date you supply evidence of return, whichever is earlier), using the same payment method as the original transaction, unless you expressly agree otherwise.

For consumers in the European Union and the United Kingdom, this voluntary policy operates alongside, and does not limit or replace, the statutory withdrawal right described in Section 11.3. Sample Swatches and the Base Fabrics Pack are final-sale items and are excluded from this voluntary policy (see Section 10.4 and our Returns, Refunds & Claims Policy); nothing in this exclusion limits any statutory right you may have.

11.3 EU and UK 14-Day Withdrawal Right (Non-Custom Goods)

If you are a consumer in the European Union or the United Kingdom, you have the right under the EU Consumer Rights Directive (as transposed into your national law) or the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to withdraw from the contract within 14 days of receiving your goods, without giving a reason, in respect of:

• The Yard: Packaged / Whole-Unit Goods (zippers, buttons, reels of elastic, packaged notions, and similar non-custom items).

This withdrawal right does not apply to goods made to the consumer’s specification or clearly personalised, which includes PrintLab orders (Customer Content and Library Content) and Cut-to-Length Goods from The Yard, as permitted by Article 16(c) of the EU Consumer Rights Directive and the equivalent UK exception.

How to exercise the withdrawal right. Contact us at hello@thefabricshop.com within 14 days of delivery to notify us of your decision to withdraw. You may inspect the goods to the extent necessary to establish their nature, characteristics, and functioning (as you could in a store), but you are responsible for any diminished value of the goods resulting from handling beyond that. Return the goods to the return address we provide you. Where available, we will supply a return shipping label and deduct the cost of that label from your refund; alternatively, you may arrange your own tracked return at your cost. The return must be sent within 14 days of your notice of withdrawal.

Return costs and fees. You are responsible for the direct cost of returning the goods. We may deduct from your refund an amount reflecting any diminished value of the goods caused by handling beyond what is necessary to establish their nature, characteristics, and functioning. Customs duties and import taxes we collected from you at checkout in respect of the returned goods are included in your refund. Any local charge assessed on or after delivery and paid by you directly to an authority in your country is not refunded by The Fabric Shop and must be reclaimed from that authority directly.

Refund. We will refund the price of the returned goods and the cost of standard outbound delivery (up to the cost of our least expensive standard delivery option), less any deduction for diminished value, within 14 days of receiving the returned goods (or from the date you supply evidence of return, whichever is earlier), using the same payment method as the original transaction, unless you expressly agree otherwise.

Customers outside the EU and UK. Customers outside the European Union and the United Kingdom have the benefit of our voluntary global change-of-mind policy on Packaged / Whole-Unit Goods, set out in Section 11.2, which mirrors the mechanics of this Section 11.3.

11.4 Statutory Rights (Major and Minor Failures)

Nothing in these Terms limits the consumer guarantees that apply to goods under the Australian Consumer Law (ACL) or equivalent consumer protection legislation in your jurisdiction. If a product has a major failure, you are entitled to choose a replacement or refund. For a minor failure, we may, at our election, repair, replace, or refund the item. Full details of our claims process for faulty goods are set out in our Returns, Refunds & Claims Policy.

11.5 Claims for Manufacturing Faults

All claims for manufacturing faults must be submitted to claims@thefabricshop.com within 14 days of confirmed delivery. Claims must include your Order Number, a description of the alleged fault, clear photographic evidence, and your preferred resolution. Where a fault is verified, at our discretion you may dispose of the faulty item on our instruction rather than returning it, to avoid the cost of international return shipping. Full details are set out in our Returns, Refunds & Claims Policy.

PRODUCT AVAILABILITY AND SUBSTITUTION

Products are offered subject to availability. We reserve the right, at any time before dispatch, to:

• cancel your order and refund you in full if a product becomes unavailable;
• offer a substitution of a comparable fabric base or product, subject to your prior written consent (email is sufficient);
• discontinue a fabric base or design without prior notice, in which case we will not be obliged to continue supplying that item.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law (including the ACL and equivalent consumer protection legislation in your jurisdiction), The Fabric Shop Pty Ltd is not liable for any indirect, punitive, incidental, special, or consequential loss or damage arising out of or in connection with your use of the Site or our products, including loss of profit, loss of business, loss of opportunity, loss of reputation, or loss of data.

Where liability cannot be excluded by law but may be limited, our total aggregate liability to you in respect of any claim arising under or in connection with these Terms is limited, at our election, to:

• re-supplying the goods; or
• refunding the price paid for the goods.

This limitation applies only to the extent applicable law permits liability to be limited in this way. If you are a consumer, it does not apply to our liability under the consumer guarantees or equivalent non-excludable statutory rights (addressed in Sections 1 and 11.4); for example, where goods are of a kind ordinarily acquired for personal, domestic, or household use, the resupply-or-refund cap above does not displace those rights.

Nothing in this Section 13 limits liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by our negligence, or liability for fraud.

INDEMNITY

To the maximum extent permitted by law, and except to the extent the relevant claim or loss is caused by our own breach of these Terms, our negligence, or our wilful misconduct, you agree to indemnify, defend, and hold harmless The Fabric Shop Pty Ltd, its related bodies corporate, directors, officers, employees, and contractors from and against any claim, liability, loss, damage, cost, or expense (including reasonable legal fees) arising out of or in connection with:

• your breach of these Terms or any policy incorporated by reference;
• your violation of any third-party right, including intellectual property rights, privacy rights, or publicity rights;
• your Customer Content, including any claim that it infringes or misuses any third-party right or is unlawful; and
• your failure to pay customs duties, import taxes, or other destination-country charges attracted by your order.

If you are a consumer, this indemnity applies only to the extent it is fair and reasonable and permitted under applicable consumer protection law, and does not require you to indemnify us for any liability that cannot lawfully be the subject of such an indemnity.

MODIFICATION, SUSPENSION, AND TERMINATION

15.1 Modification of the Service

We reserve the right to modify, suspend, or discontinue all or part of the Site or Service, temporarily or permanently, with or without notice. To the extent permitted by law, The Fabric Shop Pty Ltd is not liable to you or any third party for any modification, suspension, or discontinuance of the Site or Service. Any modification, suspension, or discontinuance does not affect orders we have already accepted: those orders will be fulfilled, or cancelled and refunded in full.

15.2 Termination of Your Account

We may, at our sole discretion and without liability, suspend or terminate your account and refuse any current or future use of the Site at any time for:

• a breach of these Terms or any incorporated policy;
• fraudulent or unlawful activity, or reasonable suspicion of either;
• chargeback abuse, serial non-payment of customs duties, or being a repeat infringer of the intellectual property rights of others (see our IP & Takedown Policy); or
• any other reason permitted by law.

15.3 Amendments to These Terms

We may amend these Terms from time to time. The revised Terms will be posted on the Site with an updated “Last Updated” date. Your continued use of the Site following the posting of changes constitutes your acceptance of the revised Terms. Where a change materially reduces your rights, we will use reasonable endeavours to notify you by email before the change takes effect. If you are a consumer and do not accept a change that materially reduces your rights, you may stop using the Site and close your account before the change takes effect at no cost, and the change will not apply to orders you have already placed.

FORCE MAJEURE

The Fabric Shop Pty Ltd will use all reasonable endeavours to perform its obligations under these Terms, but will not be liable for any delay or failure to perform resulting from events or circumstances beyond our reasonable control, including but not limited to:

• natural disasters, pandemics, epidemics, or extreme weather;
• industrial action, strikes, or lockouts;
• war, terrorism, civil unrest, or cyber-attack;
• carrier failures or disruptions to international freight, including port closures and container shortages;
• interruption, disruption, or restriction of cross-border logistics between the country of dispatch and any destination country, including export controls, customs holds, and sanctions;
• power, internet, or telecommunications failure; or
• government-imposed restrictions or changes of law.

DISPUTES AND GOVERNING LAW

17.1 Informal Resolution

Before commencing formal proceedings, both parties will attempt in good faith to resolve any dispute by written notice to the contact points set out in Section 20. If the dispute cannot be resolved informally within 20 working days of the written notice, the parties may proceed to mediation.

17.2 Mediation and Arbitration

If mediation does not resolve the dispute within a further 30 working days, the dispute will be referred to arbitration in accordance with the Commercial Arbitration Act 2011 (Vic). The seat of arbitration is Melbourne, Victoria, Australia, and the language of arbitration is English.

This arbitration provision does not apply to a consumer. Nothing in these Terms requires a consumer to submit a dispute to arbitration, prevents a consumer from bringing proceedings in the courts of their country of residence, or limits a consumer’s access to the dispute-resolution options in Section 17.3.

17.3 Consumer Dispute Resolution Options

• Australian consumers: you may lodge a complaint with your state or territory consumer protection agency, or with the Australian Competition and Consumer Commission (ACCC), in addition to the procedures above.
• EU consumers: you may access the European Commission’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr, and your national consumer alternative dispute resolution body.
• UK consumers: you may access alternative dispute resolution under the UK Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015.
• US consumers: you may access the dispute resolution options available under applicable State and Federal consumer protection law.

17.4 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia. Where mandatory consumer protection laws of your country of residence provide you with rights that cannot be waived by contract, those rights are not affected by this clause.

PRIVACY

We process your personal information in accordance with our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains, among other things, that your personal information is transferred to and processed overseas, including in China, for order fulfilment, and describes your rights under the Australian Privacy Principles, the UK GDPR, and the EU GDPR as applicable.

GENERAL

19.1 Severance

If any provision of these Terms is held to be invalid, unenforceable, or (in the case of a consumer) unfair under applicable law, that provision is to be read down to the minimum extent necessary to make it valid and enforceable, or, if it cannot be read down, severed. The remaining provisions of these Terms continue in full force and effect.

19.2 Waiver

A failure or delay by us in exercising a right under these Terms is not a waiver of that right, and a single or partial exercise of a right does not prevent any further exercise of it or the exercise of any other right.

19.3 Assignment

You may not assign, transfer, or sub-contract your rights or obligations under these Terms without our prior written consent. We may assign or novate our rights and obligations under these Terms to a successor in connection with a merger, acquisition, restructure, or sale of assets, provided that doing so does not reduce your rights as a consumer.

19.4 Entire Agreement

These Terms, together with the policies incorporated by reference (including our Privacy Policy, Cookie Policy, Shipping & Delivery Policy, Returns, Refunds & Claims Policy, PrintLab Design Submission Agreement, Design Partner Agreement, and IP & Takedown Policy), constitute the entire agreement between you and us in relation to your use of the Site and supersede any prior representations, arrangements, or agreements on the same subject matter. Nothing in this clause limits liability for fraud or fraudulent misrepresentation, or affects any non-excludable statutory right.

19.5 No Third-Party Rights

These Terms do not create any right enforceable by any person who is not a party to them, except as required by applicable law.

19.6 Relationship of the Parties

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us.

CONTACT US

For general enquiries:

• Email: hello@thefabricshop.com

For claims and manufacturing faults:

• Email: claims@thefabricshop.com

For legal and intellectual property matters:

• Email: legal@thefabricshop.com

For privacy matters:

• Email: privacy@thefabricshop.com

For Design Partner programme enquiries:

• Email: designpartners@thefabricshop.com

For custom design and upload enquiries:

• Email: customdesigns@thefabricshop.com

Registered office:

• The Fabric Shop Pty Ltd, 17 Coleman Parade, Suite #1017, Glen Waverley, VIC 3150, Australia

Last Updated: 26 July 2026. © 2026 The Fabric Shop Pty Ltd (ABN: 69 693 515 687). All rights reserved.