Terms of Service 

Terms of Service

MARK ADRIAN CHASTON T/A EMBROIDERMARK

ABN 55 124 139 430

1.DEFINITIONS

These terms apply to any person or entity (‘you/your’) accessing ​We

The website, is owned and operated by Mark Adrian Chaston T/A Embroidermark ABN 55 124 139 430​(‘we/our/us’ or ‘Embroidermark’).

By accessing and using our website and our services, you agree to be bound by these terms. We may amend these terms and conditions from time to time.

These terms are governed by the laws of Western Australia.

2.COLLECTION AND USE OF PERSONAL INFORMATION

You may need to register your information to receive a quote. When you register, you will provide us with personal information such as your name and email address. We will handle all personal information we collect in accordance with our privacy policy, available at https://embroidermark.com.au/privacy-policy/ and the applicable law.

We may otherwise collect personal information about you in order to provide our services and for other purposes as detailed in our privacy policy and required or permitted under applicable law. This may include disclosing your information to third parties that help us deliver our services, such as suppliers, graphic designers and delivery services.

We will handle all personal information we collect in accordance with our privacy policy and the applicable law. Our privacy policy explains:

  • how we store and use, and how you may access and correct your personal information;
  • how you can lodge a complaint regarding the handling of your personal information; and
  • how we will handle any complaint.

If you would like any further information about our privacy policies or practices, please contact us.

By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the privacy policy and these terms.

3.PRODUCTS AND SERVICES

We offer for sale all products listed on our website.

The standard service time frame is 14 to 21 business days. An express service is completed 5-14 business days. A rush job service is completed in 2-5 business days.

Please advise if you require the service to be completed by a specified deadline date. Express and rush jobs are completed at our discretion. Additional charges for express and rush job services will apply.

4.ORDER FORM & QUOTES PROVIDED

If you wish to order items from Embroidermark, you should complete an Embroidermark Purchase Order Form and include details about the embroidery dimensions, positions on the garments, specific PMS colours and other relevant information.

Embroidermark will provide you with a quote for the supply of the items you have requested.

It is your responsibility to ensure the information within the quote provided is an accurate representation of the order and design you are requesting.

Quoted prices remain valid for the period mentioned within the quote. Where no period has been specified, the quoted price will remain valid for 30 days from its issue.

If the items requested are altered in quantity, design or item by you, the price is subject to change.

Once you have approved your quote in writing, a minimum deposit of 50% will be payable to proceed with your order before Embroidermark will proceed with fulfilling your order.

5.GARMENT SAMPLES

Garment samples may be provided to you to trial the product you are interested in. The cost of the sample and delivery fee is payable by you.

The cost of samples may be refunded at our discretion if a future order is made.

 6.PAYMENT TERMS

We accept payment via the following payment methods:

  • Cash;
  • Electronic Funds Transfer;
  • Credit Card namely Visa and Mastercard;
  • Paypal; and
  • Square

Any form of payment other than cash shall not be deemed to be paid until that form of payment has been honoured, cleared or recognised.

Any delay in the supply of completed products caused by non-payment is the responsibility of the client.

All pricing is in AUD and are inclusive of the goods, branding, freight, additional charges and Australia Goods and Services Tax (GST).

These prices are subject to change without notice and goods will be invoiced at the applicable price at the time of delivery.

7.NON-PAYMENT

You will be in default if you do not pay us when monies are due for payment or fail to comply with any other obligation under our business arrangements.

If you are in default under our agreement, we may send you a default notice. The notice will tell you what the default is and what you are required to do to correct the default. You will have 10 business days to rectify the default.

If you do not comply with the default notice, then we may terminate this agreement or other arrangement with immediate effect and you become immediately liable to pay us all monies owing with interest on that amount from the due date until payment at the rate of 10%.

You agree to pay on default all costs and expenses incurred in exercising our rights of recovery from you if any and indemnify us against any losses resulting from the default.

8.DELIVERY

PHYSICAL DELIVERY

Ownership of the materials will not pass to you until you have paid Embroidermark all amounts owning and have met all other obligations to Embroidermark.

9.COLOUR REPRODUCTION

​We make every effort to display as accurately as possible, the colours of our products on our website. However, as computer monitors differ, we cannot guarantee that your monitor’s display of any colour will be an accurate representation of the true colour.

10.REFUNDS AND RETURNS

We do not accept returns or provide refunds for change of mind.

You must check all proofs, designs, edits or artworks for errors or omissions, and you assume all responsibility for any remaining errors or omissions in products following your approval of our goods or services. Additionally, you will take full responsibility for selecting the correct products for your needs including appropriate sizing. The costs of alterations after your approval will be borne by you.

Our products come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms purports to modify or exclude the conditions, warranties, undertakings and legal rights under the Australian Competition and Consumer Act and other local laws. Any and all other warranties or conditions are expressly excluded, including liability for incidental or consequential damages caused by breach of any express or implied warranty or condition.

The garment material may differ slightly in weight and colour. However, if your product is faulty or not substantially as described we will take all reasonable steps to either replace, repair or refund the item. If there is any issue with the item provided, you must notify us in writing within 5 days of delivery of the products.

You are responsible for the shipping costs of all returned products. We accept no liability for lost deliveries. We recommend you send your product with tracking to ensure the package is delivered to us.

To initiate a return, please contact our customer service team.

11.INTELLECTUAL PROPERTY

Our website and its content, including our products, may represent or contain intellectual property owned by us, including trademarks, copyrights and proprietary information.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of our intellectual property, in whole or in part, without our prior written consent.

12.DISCLAIMERS

To the extent permitted by law, we have no liability or responsibility to you or any other person for any loss. You acknowledge that your access and use our website is at your own risk.

To the extent permitted by law, Embroidermark does not accept any liability for, and is not responsible for, any damage, loss or injury incurred by you in using our services, website, any breach by you of these terms or products. You confirm that you have all appropriate rights or licenses required in ordering branded or licensed products through us. We accept no responsibility and you indemnify us for any breach of intellectual property rights caused by you.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website or a linked website. You must take your own precautions to ensure that whatever you select from our website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

Our website may contain links to websites operated by third parties. Such links are provided for convenience and may not remain current or be maintained. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on linked third party websites and have no control over or rights in linked third party websites.

13.SUSPENSION AND TERMINATION

Without prejudice to any other right or remedy available to us, if we consider that you have breached these terms or we otherwise consider it appropriate, we may immediately and without notice, suspend or terminate your access to the website, or any part of it.

If you wish to cancel your order, you must request this in writing. It is your responsibility to ensure Embroidermark has received your cancellation request.

A order cannot be cancelled after it has been shipped.

A cancelled order cannot be refunded after garment decoration or customisation has begun.

14.GENERAL

These terms, and any dispute relating to these terms or the website, are governed by and must be interpreted in accordance with the laws of Western Australia. Each party submits to the non-exclusive jurisdiction of the courts of Australia in relation to any dispute connected with these terms or the website.

For us to waive a right under these terms, the waiver must be in writing.

If any part or provision of these terms is or becomes illegal, unenforceable or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If a modification is not possible, the part or provision must be treated for all purposes as severed from these terms. The remainder of these terms will be binding on you.

Updated: 17 November 2021

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