Terms & Conditions
Last updated 29 October 2026
These terms apply when you use this website or order from The Fifth Amendment. Please read them before you place an order.
1. Who we are
The Fifth Amendment is a brand of Ryfit International Pty Ltd (ABN 71 677 493 033), a company registered in Queensland, Australia. In these terms, “we”, “us” and “our” mean Ryfit International Pty Ltd trading as The Fifth Amendment, and “you” means the person using this website or placing an order.
By using this website or placing an order, you agree to these terms, together with our Privacy Policy, Refunds & Cancellations Policy, Delivery & Pick-up Policy, Allergen & Dietary Information and Points & Offers Terms, which form part of these terms.
2. Preorders before launch
We are preparing to open. Until we launch, this website takes preorders only. Delivery and pick-up dates for preorders are to be announced, and we will confirm your date with you before anything is baked. We will not bake or supply any order until we are open and able to trade.
3. Deposits
- A preorder is confirmed once you pay a deposit of 10% of your order’s estimated total by card through our secure checkout.
- Your deposit is counted towards your order total. The balance and any delivery fee are payable before your order is baked, on the date we confirm with you.
- Your deposit is non-refundable if you change your mind or cancel your preorder.
- We will refund your deposit in full if we cancel your preorder, if we are unable to supply your order, if the final price we confirm for your preorder is higher than the estimate shown when you placed it and you choose to cancel, or where the Australian Consumer Law otherwise requires a refund.
4. Prices and payment
- All prices are in Australian dollars and include GST where it applies.
- Prices, products and options shown on the website may change at any time, but a change will not affect an order we have already confirmed, except as set out in section 3.
- Card payments are processed by Stripe. We never see or store your full card number.
- If a price is shown in error, we will contact you before baking, and you may choose to go ahead at the correct price or cancel for a full refund.
5. Placing an order
- Every item is baked to order. Once we open, orders are placed between Monday and Wednesday each week for delivery or pick-up that same week, unless we tell you otherwise.
- Your order is an offer to buy. A contract is formed when we confirm your order and your payment (or deposit) has been received.
- We may decline an order, for example if it is outside our delivery area, beyond our baking capacity or contains errors. If we decline an order, we will refund anything you have paid for it.
- You are responsible for making sure your name, contact details, address and order details are correct.
6. Our products
- Everything we bake is handmade, so size, shape, colour and decoration can vary from the photos on our website and Instagram. Photos are for illustration.
- Weekly specials are available only in the week they are offered, in limited quantities and while they last.
- Dietary options (gluten-free, nut-free, lactose-free, sugar-free and protein) and formats (cookie cup and cookie tin) are charged per piece as shown at checkout. Please read our Allergen & Dietary Information before choosing them.
- Our products are perishable. Please follow the storage guidance we give you and enjoy them while fresh.
7. Allergies
Our kitchen handles common allergens, and we cannot guarantee that any product is free from traces of them. You must tell us about any allergy or intolerance in your order notes before you order, and read our Allergen & Dietary Information. If you are ordering for someone else, including as a gift, you are responsible for checking their allergies.
8. Delivery, pick-up and gifts
Delivery areas, fees, days and pick-up arrangements are set out in our Delivery & Pick-up Policy. If you send an order as a gift, you confirm that you are allowed to give us the recipient’s name, phone number and address, and we will use them only to deliver the gift.
9. Changes, cancellations and problems
How to change or cancel an order, and what to do if something is wrong with it, is set out in our Refunds & Cancellations Policy.
10. Your account
- You can order as a guest or create an account. If you create an account, please keep your password private. You are responsible for activity on your account.
- Please keep your details up to date. You can edit them in your account at any time.
- We may suspend or close an account that is used fraudulently, abusively or against these terms.
11. Points and offers
Loyalty points, the founding member offer and other promotions are subject to our Points & Offers Terms.
12. Reviews and content you send us
- Reviews, photos and messages you send us must be honest, your own and not offensive or unlawful.
- By sending us a review or photo, you allow us to show it on our website and social media, with your first name or handle, free of charge. Tell us if you would rather we didn’t, and we will remove it.
- We may decline to publish, or remove, any content at our discretion. We never publish fake reviews or pay for positive ones.
13. Our intellectual property
The Fifth Amendment name, logo, designs, photos, text, recipes and the content of this website belong to Ryfit International Pty Ltd or its licensors. You may not copy, reproduce or use them for commercial purposes without our written permission.
14. Australian Consumer Law
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
Nothing in these terms excludes, restricts or modifies any right or remedy you have under the Australian Consumer Law or any other law that cannot be excluded.
15. Our liability
To the extent permitted by law, and apart from the guarantees described in section 14, we are not liable for any indirect or consequential loss arising from your use of this website or our products. Where our liability for a failure to comply with a consumer guarantee can lawfully be limited, it is limited to supplying the goods again or paying the cost of having them supplied again.
16. Using this website
Please don’t misuse this website, including by attempting to gain unauthorised access, interfering with its operation, placing fake orders or using automated tools to collect its content. We try to keep the website accurate and available, but it may occasionally be unavailable or contain errors, which we will correct when we find them.
17. Changes to these terms
We may update these terms from time to time. The version on this page when you place an order is the one that applies to that order.
18. Governing law
These terms are governed by the laws of Queensland, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of Queensland.
19. Contact us
Questions about these terms? Reach us through our contact page or on Instagram at @the.fifthamendment.