The following information sets out the conditions of use of www.formermerchandise.com ("the Website") and governs all purchases of goods from FORMER. By using this Website or placing an order, you accept and agree to these Terms.
The Website is operated and owned by FORMER MERCHANDISE LLC, trading as FORMER ("FORMER", "we", "us", "our").
FORMER Merchandise 1645 Donlon St, Unit 102 Ventura, CA 93001 United States
Contact: info@formermerchandise.com
These Terms apply to all contracts for the purchase of goods by you from us, to the exclusion of any other terms you may seek to apply under any purchase order or other document. They supersede all previous agreements and understandings between us.
The version of these Terms in effect at the time you place an order is the version that applies to that order.
All prices on the Website are listed in United States dollars (USD) and exclude applicable sales tax unless otherwise stated. Sales tax is calculated at checkout based on your delivery address. All payments are processed in USD.
Pricing is subject to change without prior notice.
Despite our best efforts, products may occasionally be mispriced or inaccurately described. If we discover an error affecting an order you have placed, we will contact you before shipping to give you the option to proceed at the correct price or cancel for a full refund. We are not obliged to fulfil an order at an incorrect price.
FORMER reserves the right to go on sale at any time without notice. Prices online may not apply in store, and prices may vary between stockists. Discount prices will only be honoured during the stated sale period. We are not obliged to refund the difference on any item purchased outside a sale period.
We make every attempt to ensure the stock presented to you is accurate and available for purchase. However, our stock levels are not updated in real time and discrepancies may occur. If we are unable to fulfil your order, you will be notified as soon as possible and offered an alternative. If a suitable solution cannot be found, a full refund will be processed.
All orders submitted through the Website are subject to acceptance by FORMER.
Once you submit your order, you will receive an email confirming receipt. This confirmation does not constitute acceptance of your order or an offer to sell. We accept your offer and conclude the contract of sale only when we dispatch the products and send an email confirming dispatch to your nominated shipping address. For pre-order items, the contract is concluded when we confirm your pre-order in writing.
We reserve the right to refuse or cancel any order, including orders already acknowledged, for reasons including:
If we cancel your order for any reason after payment has been taken, you will receive a full refund of any amount paid.
Some items are offered on a pre-order or made-to-order basis. These items are produced after orders are placed and are subject to longer delivery times.
Payment. Payment is taken in full at the time of order.
Delivery estimates. Any delivery timeframe shown on the product page is a good-faith estimate, not a guarantee. Production timelines can be affected by factors outside our control.
Delays. If we are unable to ship within the timeframe stated at the time of your order — or within 30 days if no timeframe was stated — we will notify you by email and offer you the choice of:
If we do not hear from you within the period stated in that notice, we will cancel your order and issue a full refund.
Cancellation by you. You may cancel a pre-order at any time before it ships by contacting help@formermerchandise.com, and we will issue a full refund.
Returns on made-to-order items. Made-to-order items are produced specifically for you and are final sale. They may only be returned if faulty or incorrectly supplied.
Availability windows. Pre-order items are available for a limited time only. Once the window closes, the item will be removed from sale and will not be reproduced.
We currently accept Visa, Mastercard and American Express, along with Shop Pay, Apple Pay and Google Pay. Payment due at checkout includes the total product price plus any applicable tax and shipping charges.
We accept returns on all full-priced items within 30 days of delivery.
To start a return or exchange, visit our Returns Portal at https://www.formermerchandise.com/apps/redo/returns-portal. Eligible items can be exchanged, returned for store credit, or refunded to your original payment method.
Shipping costs. Original shipping costs are non-refundable. Customers who elect CHECKOUT+ at the time of purchase receive free returns and exchanges. If you did not select CHECKOUT+, the cost of shipping the item back to us is your responsibility.
Final sale. All sale and discounted items are Final Sale and cannot be returned or exchanged. Please choose carefully during sale periods.
Excessive returns. We monitor returns to identify potential abuse or misuse of our return policy. Repeated or excessive returns may be flagged and refused at our discretion, or may lead to the closure of your customer account.
Full details are set out on our Returns page at https://www.formermerchandise.com/pages/returns-shipping, which forms part of these Terms. For help with a return, contact help@formermerchandise.com.
Dispatch. Our warehouse team will always do their best to get your order out the door the same business day for orders placed before 2:00pm [TIMEZONE — SEE NOTE]. Orders placed after that time will be dispatched the following business day. On weekends, public holidays, or during busy sale periods this may take a little longer.
Carriage. Once your order leaves our warehouse it is in the hands of USPS. We will always do our best to help if something goes wrong, but delivery timeframes are ultimately determined by a third party and are outside our control.
Risk of loss passes to you on delivery to the carrier. Title passes to you on receipt of full payment.
Delivery timeframes shown at checkout are estimates and are not guaranteed. We are not liable for delays caused by carriers, customs, weather, or other factors outside our reasonable control.
International orders. Some countries charge import duties, taxes or handling fees on delivery of an international package. These charges are set by the destination country, are not collected by us, and are the responsibility of the customer. We have no control over these charges and cannot predict their amount. Refusal to pay may result in the package being returned or destroyed, and we are not obliged to refund shipping costs in that event.
We take care to describe and photograph our products accurately. However:
Please refer to the size guide on each product page before ordering.
Unless otherwise indicated, FORMER owns all copyright in the material on the Website. All registered or unregistered trademarks used on the Website are the property of their respective owners.
All copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, film and other intellectual property ("Content") on the Website is owned by, controlled by, or licensed to FORMER. Artwork created by our collaborating artists and riders remains subject to the rights of those parties and is licensed to FORMER for use on our products and media.
Except for viewing the Content for your own personal, non-commercial use, we grant you no rights to use the Website or Content for any other purpose without our express written consent. You may not reproduce, distribute, modify or create derivative works from any of our Content — including applying our graphics to garments or other goods.
Purchasing a product grants you ownership of that physical item only. It does not transfer any rights in the artwork or design.
You must not:
From time to time we run competitions, giveaways, sweepstakes and prize draws ("Promotions"). The following terms apply to all Promotions unless specific terms published for that Promotion say otherwise. Where specific terms conflict with this section, the specific terms prevail.
14.1 No purchase necessary. No purchase or payment of any kind is necessary to enter or win. A purchase will not improve your chance of winning.
14.2 Eligibility. Unless stated otherwise in the specific Promotion terms, Promotions are open to legal residents of the United States who are 18 years of age or older at the time of entry. Employees, contractors and immediate family members of FORMER, its distributors, and any promotional partner are not eligible. Void where prohibited or restricted by law.
14.3 Entry period. Each Promotion has a stated opening and closing date and time. Entries received outside that window will not be accepted. The clock used to determine the closing time is ours.
14.4 How to enter. Entry methods are specified in the individual Promotion. Unless stated otherwise, one entry per person. Entries submitted by automated means, bots, third parties, or in bulk will be disqualified. We may disqualify any entry we reasonably believe to be fraudulent, duplicated, or in breach of these Terms.
14.5 Winner selection. Unless the specific Promotion states that it is a skill-based contest, winners are selected at random from all valid entries. The draw is a game of chance. Our decision is final and no correspondence will be entered into.
14.6 Notification and claiming. Winners will be notified using the contact details supplied at entry, within 5 business days of the draw. We may also announce the winner publicly on our website, YouTube channel and social media. If a winner does not respond within 10 days of notification, or if contact details supplied are invalid, we reserve the right to forfeit the prize and redraw.
14.7 Prizes. Prizes are as described in the specific Promotion terms. Prizes are non-transferable, non-exchangeable, and not redeemable for cash or credit in whole or in part.
Where a prize is a used item — for example, a surfboard ridden in one of our films — it is supplied as-is, in its existing condition, with all faults, wear and damage. No warranty of any kind is given as to its condition or fitness for use, including for surfing.
If a prize becomes unavailable for reasons outside our control, we reserve the right to substitute a prize of equal or greater value.
14.8 Prize delivery. Unless stated otherwise, we cover shipping of the prize to an address within the United States. We are not responsible for loss or damage in transit. Any duties, taxes or charges arising from delivery are the winner's responsibility.
14.9 Taxes. Winners are solely responsible for all federal, state and local taxes arising from receipt of a prize. Where the value of a prize requires it, we may be obliged to issue an IRS Form 1099 and will request the necessary details before releasing the prize.
14.10 Publicity. By accepting a prize, you agree that we may use your first name, city and state, and social handle in connection with announcing the Promotion, without additional compensation, except where prohibited by law.
14.11 Data. By entering, you consent to receiving marketing communications from FORMER. You may unsubscribe at any time. Entry data is handled in accordance with our Privacy Policy at [PRIVACY POLICY URL].
14.12 Platform disclaimer. Promotions are in no way sponsored, endorsed, administered by, or associated with Instagram, Meta, YouTube, Google, TikTok, or any other platform on which they may be promoted. By entering, you release those platforms from any and all liability.
14.13 Changes and cancellation. We reserve the right to amend, suspend or cancel a Promotion at any time where circumstances beyond our reasonable control make it necessary, including technical failure, fraud, or any event that compromises the fair conduct of the Promotion.
14.14 Promotional partners. Where a Promotion is run with a partner — for example, a surfboard manufacturer — the partner's involvement is limited to that stated in the specific Promotion terms. FORMER is the promoter unless stated otherwise.
Gift cards can be redeemed for merchandise only and not for cash. If the total amount is not redeemed, the balance remains on the card.
Gift cards are non-refundable, non-transferable and cannot be redeemed for cash. They are treated as cash and cannot be replaced if lost or stolen.
In the event of fraud, attempted deception, or suspicion of other illegal activity in connection with the purchase or redemption of a gift card, we are entitled to cancel your order or require a different means of payment.
Your personal information is handled in accordance with our Privacy Policy at [PRIVACY POLICY URL], which forms part of these Terms.
California residents have specific rights under the California Consumer Privacy Act, including rights to know, delete, correct, and opt out of the sale or sharing of personal information. Details on exercising these rights are set out in our Privacy Policy.
By providing your email address at checkout, through a sign-up form, or when entering a Promotion, you consent to receiving marketing emails from us. You may unsubscribe at any time using the link in any email or by contacting info@formermerchandise.com.
SMS. If you opt in to SMS marketing, you consent to receiving recurring automated marketing text messages at the number provided. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP to opt out or HELP for assistance.
FORMER does not sell through eBay, Amazon, or any other auction or third-party marketplace. We are unable to verify the authenticity, condition or quality of any item sold under the FORMER name on such platforms. Products purchased there are not covered by our returns policy or any warranty.
We update the Website regularly, but make no representation as to the accuracy, currency or completeness of any information or services on it. All information and services are provided on the basis that you undertake responsibility for assessing them at your own risk.
Except as expressly stated in these Terms or our Refund Policy, and to the fullest extent permitted by law, our products and this Website are provided "as is" and "as available" without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant or guarantee:
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
To the fullest extent permitted by law, FORMER, its officers, employees and agents will not be liable for any indirect, incidental, special, consequential or punitive damages, including loss of profits, data or goodwill, arising out of or in connection with your use of this Website, your purchase of our products, or your participation in any Promotion.
Our total aggregate liability arising out of or in connection with any order will not exceed the amount you paid for that order.
Nothing in these Terms excludes or limits liability for fraud, personal injury or death caused by negligence, or any other liability that cannot be excluded by law.
You agree to indemnify and hold harmless FORMER from any claim or demand, including reasonable attorneys' fees, arising out of your breach of these Terms or your violation of any law or the rights of a third party.
You may stop using the Website at any time for any reason.
We reserve the right, in our absolute discretion, to suspend or terminate any user's access to the Website at any time without notice, for any reason including breach of these Terms. Suspension or termination does not affect either party's accrued rights or liabilities.
We also reserve the right to cease, interrupt or withdraw access to the Website for any reason, including upgrades and maintenance.
We may disclose information we hold about a user in connection with an investigation or allegation that their use of the Website breaches these Terms or any law, and reserve the right to bring legal action against any person breaching these Terms, including seeking injunctive relief.
When using the Website, the internet or third party networks, you are using networks, facilities and services beyond our control. You assume all risk and liability for that use. We recommend reviewing the privacy statement of any website before disclosing personally identifiable information.
These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Subject to Section 24, you agree to the exclusive jurisdiction of the state and federal courts located in Ventura County, California.
You are responsible for compliance with all laws and regulations applicable to your location.
We may vary these Terms at any time. By continuing to use the Website you consent to any variations. We will not notify you of variations and it is your responsibility to check these Terms periodically. The version in effect at the time you place an order governs that order.
Severability. If any provision of these Terms is found invalid or unenforceable, it may be severed without affecting the remainder, which will continue in full force.
No waiver. Our failure to act or enforce these Terms immediately will not be considered a waiver of our right to do so later.
Entire agreement. These Terms, together with our Refund Policy and Privacy Policy, constitute the entire agreement between us.
Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control.
Questions about these Terms:
FORMER MERCHANDISE LLC 1645 Donlon St, Unit 102 Ventura, CA 93001 info@formermerchandise.com