Pre-Order Terms

1. Pre-order

(a) These Pre-Order Terms govern all pre-orders ("Pre-Orders") placed via the Website for Goods that are in development, scheduled for manufacture, or allocated from an upcoming production batch.

(b) These Pre-Order Terms operate concurrently with and are expressly incorporated into the FNRBLR Terms of Purchase. In the event of any inconsistency between these Pre-Order Terms and the Terms of Purchase concerning Pre-Orders, these Pre-Order Terms shall prevail.

(c) Capitalised terms used in these Pre-Order Terms have the meanings given to them in our Terms of Purchase.

(d) FNRBLR accepts pre-payments for Pre-Orders strictly on the basis that it maintains reasonable commercial grounds to believe that the relevant Goods will be manufactured, allocated, and supplied within the estimated timeframes specified on the Website at the time you place an Order.

2. Pricing

(a) Upon receipt of the Customer's Order and payment in full, FNRBLR will allocate the Customer a production place or reservation within the applicable manufacturing batch or production run.

(b) The total price paid by the Customer at checkout for an accepted Pre-Order is fixed at the time the Pre-Order is accepted. FNRBLR will not increase that price or charge any additional surcharge or price adjustment for that Pre-Order due to changes in input costs (including raw materials or tooling), freight or carrier surcharges, duties, or foreign exchange movements.

(c) FNRBLR may, from time to time, offer promotional or preferential pricing for Pre-Orders (for example, early access tiers or batch-stage pricing). Any such pricing is only available for orders submitted during the applicable promotional period (including any stated closing date or allocation limit). Once that promotional period ends or the allocation is exhausted, subsequent Pre-Orders will be charged at the price displayed at checkout at the time the order is submitted.

3. Estimated Dispatch Windows and Product Iterations

3.1 Estimates Only

(a) Any target dispatch timeframe, estimated dispatch window, shipping date, delivery estimate, “ships by” statement, countdown, or similar timing information displayed on the Website or communicated during checkout is an estimate only, based on information then available to FNRBLR (including factory production schedules, component supply, quality control processes, port and carrier capacity, customs processes, and logistics constraints).

(b) Unless FNRBLR expressly agrees otherwise in writing, time is not of the essence in relation to dispatch or delivery of any Goods.

(c) To the extent permitted by law, the Customer acknowledges and agrees that the Customer does not rely on any estimate as a strict promise, warranty or guarantee, and that a delay in dispatch or delivery (of itself) does not entitle the Customer to cancel the Order, terminate the Agreement, or claim damages.

(d) Without limiting clause 3.1(a), dispatch and delivery estimates may be affected by events outside FNRBLR’s reasonable control, including supplier delays, manufacturing defects or rework requirements, tooling changes, freight capacity constraints, port congestion, industrial action, customs or biosecurity holds, adverse weather, carrier disruptions, and other systemic transport network delays.

(e) Nothing in this clause 3.1 limits any non-excludable rights or remedies the Customer may have under the Australian Consumer Law or other applicable consumer protection laws.

3.2 Pre-production materials and product variations

(a) The Customer acknowledges that any images, photographs, videos, 3D renderings, concept reels, prototypes, pre-production samples, and other visual or descriptive materials displayed on the Website or otherwise provided by FNRBLR are illustrative only and may depict pre-production designs.

(b) To the extent permitted by law, FNRBLR does not warrant that the final production Goods will be identical to any pre-production materials in every respect, and the Customer acknowledges that an exact match to any sample or image cannot be guaranteed.

(c) The Customer acknowledges and agrees that the following may occur between pre-production materials and final production Goods and will not, of itself, constitute a defect or non-conformity (but rather the unique fingerprint of your piece), provided the Goods otherwise comply with any non-excludable guarantees and the description of the Goods at the time of Order:

(i) minor aesthetic changes, including colour shade differences, finish variations, characteristics including knots, variations in grain patterns, texture, surface texture differences, gloss level variation, or minor visual inconsistencies;

(ii) minor dimensional variances within reasonable manufacturing tolerances;

(iii) revisions to hardware, fasteners, fittings, fixings, packaging, labelling, or assembly steps;

(iv) changes arising from manufacturing method selection (including injection moulding markings, parting lines, gate marks, sink marks, or similar manufacturing artefacts);

(v) minor changes required for safety, compliance, durability, supply availability, production efficiency, or continuous product improvement.

(d) You further acknowledge that colour matching between the Goods and products supplied by third parties may be imperfect, including where the third-party product has changed over time (for example, different production runs, ages, finishes, or batches). Slight differences in colour shades between the Goods and third-party products are to be expected and will not, of themselves, constitute a defect or non-conformity, provided the Goods otherwise comply with any non-excludable guarantees and the description of the Goods at the time of Order.

(e) Where reasonably practicable, FNRBLR may (but is not obliged to) update the Website and product information to reflect material design updates as they are finalised.

4. Pre-Order Quantities and Variation Requests

4.1 Consignment Limitations

Pre-Orders for Goods may be subject to maximum quantity limits per individual order. Any applicable quantity limit will be notified by FNRBLR on the Website or at checkout at the time of the Pre-Order.

4.2 Customer Variation Requests

(a) The Customer acknowledges that stock and variants for Pre-Orders are limited.

(b) Subject to clause 4.3, once a Pre-Order is placed, the Customer must not request, and FNRBLR is not obliged to accommodate, any variations to the Order (including changes to variant, finish, colour selection or configuration).

(c) The Customer may only:

(i) cancel their Pre-Order in accordance with clause 5; or

(ii) request a reduction in the quantity of items in their Pre-Order by contacting support@fnrblr.com prior to dispatch.

(iii) If the Customer cancels a Pre-Order, the Customer may attempt to place a new order for a preferred variant. The Customer acknowledges that availability will depend on whether pre-order stock remains available at that time.

(d) FNRBLR will make reasonable commercial efforts to accommodate variation requests, subject to inventory allocations and payment of any applicable price differentials. Address updates are subject to geographic shipping zone parity.

4.3 Delivery Address Updates

(a) Subject to clause 4.3(b) to 4.3(d), the Customer may request a change to the delivery address for a Pre-Order by contacting support@fnrblr.com prior to the physical handover of the Goods to the freight carrier.

(b) Delivery address updates are subject to geographic shipping zone parity. If the Customer requests an updated delivery address that is further from FNRBLR’s distribution centre (or otherwise increases freight or delivery costs), FNRBLR may require the Customer to pay an additional fee to cover any additional freight costs before dispatch.

(c) The Customer must not request, and FNRBLR may refuse, any change to the delivery address that would change the destination country for the Order. FNRBLR may be unable to support delivery to the new region.

(d) FNRBLR may refuse an address update request where it is not reasonably practicable to implement the change (including due to dispatch processing, carrier requirements, systems limitations, or time constraints).

5. Unconditional Pre-Dispatch Cancellation and Refunds

5.1 Customer Right of Cancellation

The Customer may cancel a Pre-Order at any time prior to the physical dispatch of the consignment from FNRBLR's fulfilment facility, for any reason whatsoever, without incurring cancellation penalties, restocking fees, or administration charges.

5.2 Cancellation Notice and Refund Processing

(a) To effect a cancellation under clause 5.1, the Customer must issue a written notice of cancellation citing the Order number to support@fnrblr.com.

(b) Within 5 Business Days of receipt of such cancellation notice, FNRBLR will initiate a refund of all moneys received for that Pre-Order (including pre-paid shipping charges, import taxes, and duties) back to the Customer's original payment method. The Customer acknowledges that the timing for the refund to be processed and cleared to the Customer’s account may be affected by third-party payment processors (including Shopify and Stripe) and the Customer’s financial institution, and is outside FNRBLR’s control.

(c) Once an Order has been physically scanned and collected by the logistics carrier, it is deemed dispatched. Clause 5.1 ceases to apply, and all subsequent cancellation, change-of-mind, or return requests are governed by our Warranty and Returns Policy.

6. Delay Management

6.1 Delay Notification Protocol

If FNRBLR determines that dispatch of an allocated Pre-Order batch will not occur within the stated dispatch window, FNRBLR will issue a delay notice (“Delay Notice”) via email to the Customer prior to the expiration of the original window. The Delay Notice will specify:

(a) the commercial or logistical grounds giving rise to the delay;

(b) the revised estimated dispatch date, or an express notification that an updated date cannot yet be verified;

(c) a statement reminding the Customer of their right to cancel the Pre-Order immediately under clause 5.1; and

(d) clear instructions enabling the Customer to execute a cancellation and claim a full refund.

6.2 Minor Delays (30 Calendar Days or Fewer)

Where the projected delay set out in the Delay Notice does not exceed 30 calendar days beyond the expiration of the original dispatch window:

(a) The Customer may elect to cancel immediately for a full refund pursuant to clause 5.1; and

(b) where the Customer does not submit a cancellation notice prior to the revised date, the Customer is taken to have assented to the revised dispatch timeline.

6.3 Extended Delays (Exceeding 30 Calendar Days)

Where the projected delay exceeds 30 calendar days beyond the original window, or where FNRBLR is unable to substantiate a firm revised dispatch date:

(a) the Customer may elect to cancel the Pre-Order for a refund pursuant to clause 5.1 by submitting a cancellation notice in accordance with that clause; and

(b) unless and until the Customer submits a cancellation notice, FNRBLR may continue to fulfil the Pre-Order as soon as reasonably practicable, and will provide updates to the Customer within a reasonable time (including by issuing further Delay Notices where appropriate).

6.4 Shipping cost variation

Any variation to the shipping costs is handled in accordance with our Shipping Policy.

7. Production Run Cancellation by FNRBLR

7.1 FNRBLR Cancellation of Production Run

(a) FNRBLR may cancel, abandon, or suspend a planned manufacturing run for Pre-Order Goods (in whole or in part) if FNRBLR reasonably determines that it is unable to proceed due to circumstances including manufacturing or tooling failure, supplier or component shortages, quality control issues, regulatory or compliance barriers, freight or logistics constraints, or commercial non-viability.

(b) If FNRBLR cancels or suspends a manufacturing run under clause 7.1(a), FNRBLR may cancel any affected Pre-Orders by giving written notice to the affected Customers.

7.2 Refund on Cancellation

(a) If a Pre-Order is cancelled by FNRBLR under clause 7.1, FNRBLR will refund the Customer all amounts paid for that Pre-Order, using the original payment method (unless otherwise agreed), as soon as reasonably practicable.

(b) To the extent permitted by law, the refund under clause 7.2(a) is the Customer’s sole remedy in connection with FNRBLR’s cancellation of the relevant manufacturing run and the affected Pre-Order.

(c) To the extent permitted by law, FNRBLR will not be liable to the Customer for any indirect or consequential loss arising from or in connection with a cancellation under this clause 7.

8. Resale and reseller restrictions

(a) The Customer must not offer the Goods for re-sale or re-supply.

(b) The Customer must not represent, or hold themselves out, as a reseller, distributor, stockist or authorised seller of FNRBLR products, unless FNRBLR has agreed otherwise in writing.

9. General

9.1 Severability

If any subclause or term of these Pre-Order Terms is found by an Australian court or regulatory authority to be invalid, unlawful, or unenforceable, that part will be severed or interpreted to the minimum extent necessary, and the balance of these Pre-Order Terms will continue in full legal force and effect.

9.2 Governing Law

These Pre-Order Terms are governed by and construed in accordance with the laws of New South Wales, Australia, and the parties submit to the non-exclusive jurisdiction of the courts of that State.