Terms & Conditions

Terms and Conditions of Sale

General

“We/us” means Mark Chaston trading as Embroidermark ABN: 55 124 139 430.

"Customer/You" means the person(s), individual, sole trader, company, or any of its principals or employees, organisation, club, business, school, government department or other entity ordering the goods, the subject of this contract.

"Goods", "items", "garments", "apparel", "Product" means the goods supplied by Embroidermark.

"Garment decoration" means embroidery, screen printing or any such production that alters the garment from its original state.

Reference to "website" means the whole or any part of the web pages located on this webpage (including but not limited to any elements of design, underlying code, text, sounds, graphics, animated elements or any other content).

If you do not accept these Terms and Conditions of Sale, you must refrain from using our services and/or this website.

We may, from time to time, add or remove information, products or services from this website without notice.

We reserve the right to amend these Terms and Conditions of Sale at any time without notice and we may terminate your access to this website at any time without notice. Your continued use of this website following such notification will represent an agreement by you to be bound by our Terms and Conditions of Sale as amended. Where your access to this website is terminated, all disclaimers and limitations of liability set out in these Terms and Conditions of Sale will survive.

By placing an order with us, you are agreeing to accept these Terms and Conditions of Sale.

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law.

In case of a dispute, the law of Western Australia will apply.

Pricing
Prices shown on quotes for goods, branding, freight and additional charges are inclusive of Australia Goods and Services Tax (GST).

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

All endeavours will be made by Embroidermark to keep the prices current. Embroidermark reserves the right to adjust or amend prices in accordance with any alteration of changes to tax legislated by the Australian Government.

Orders and Time frames
Once the Customer signs off on the artwork we begin production. Our standard service for an average job will take around 14 to 21 business days to complete.

Our "express service" is 5-14 business days.

Our "rush job" service is 2-5 business days.

If the Customer has a deadline, please contact us to see if we can accommodate your requirements. Express and Rush jobs are taken on at our discretion. Additional charges will apply.

Process
The customer must complete Embroidermark Purchase order form which will be supplied on order placement. This will include the embroidery dimensions, position on the garments, specific PMS colours, and more.

Embroidermark will then email a quote for the supply of items required and embroidery work which the customer will need to accept prior to proceeding. If orders are emailed to us, an updated quote for the order will be sent. Please check all quotes carefully, as this provides the basis for order processing.

Embroidermark does not take any responsibility for the incorrect stock of any description providing the ordered stock matches the accepted quote. Once approved, Embroidermark will commence digitising the logo, if required. Once digitised, a visual of the logo will be emailed for approval. Further changes to the design may incur additional set-up charges.
Embroidermark requires the customer’s approval in writing (email confirmation accepted) to proceed with the embroidery.

Changes & Cancellations
If garments are ordered specially and manufactured to customer specifications these order being bespoke in nature cannot be cancelled. The order cannot be cancelled after the garment decoration has started.
Order cancellations must be emailed or sent in writing (If cancelling by email, please telephone Embroidermark to ensure the cancellation has been received by Embroidermark). Your order is considered current unless cancelled in writing by either the customer or Embroidermark. Orders cannot be cancelled after they have been shipped.

Quotes
Quoted prices are valid for the period mentioned in the quote. If no period is specified, the default period will be 14 days from the date of the quote. If the quoted quantity or product is altered by the Customer after quoting, the price and any freight charges are subject to change.

Title:
Embroidermark and the Customer agree that ownership of the materials shall not pass to the customer until:
(a) the Customer has paid Embroidermark all amounts owing to Embroidermark;
and
(b) the Customer has met all of its other obligations to Embroidermark.

Receipt by Embroidermark of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised.

Payment and delivery
To proceed with your quote, please confirm in writing / by email. A minimum deposit of 50% of the quoted amount is required to start your order. No materials will be ordered or production started until the deposit has cleared to our bank account.

Embroidermark has the right to charge interest on overdue accounts outstanding after 14 days from the date of invoice at a rate of 10%pa applied per calendar month or part thereof.
- Embroidermark has the right to recover the cost of any debt collection activities or proceedings including but not limited to: Staff time, interest costs, debt collection agency fees and court costs.
- Any consequences resulting from a delay in the supply of completed products, (or its implementation) brought about from the non-payment of an invoice is the responsibility of the client.

Garment Samples
Garment samples are available if the customer wishes to see and/or try-on a garment product before purchasing a quantity of embroidered apparel. If a customer requires samples before a quote has been provided then the following conditions apply:
- All samples must be purchased by the customer at our cost price and including any delivery fee.
- Discounts are not available for samples.
- Samples will not be dispatched until invoiced and fully paid for.
- If the customer decides to return the samples, the customer has to pay the full cost of postage.
- If the customer decides to return the samples they must be clean, folded, buttoned up and in their original packaging.
- Solely at our discretion, we may refund all or part of the cost of the samples which are returned as described against a future order.

Returns & Exchanges
Embroidered items can be returned if the item is defective or if we have made an error with the embroidery or you receive a faulty garment. In such cases, Embroidermark will replace the item at no additional cost. If the customer has any problems with products, you must notify us in writing or by email within 5 days of delivery of the products.

Garment Quality
Garment material may differ from time to time in weight and colour. This is considered the norm according to International Standards as colours may slightly vary due to seasonal influences.
The material will always exceed advertised weight but weight variance is common and acceptable. Embroidermark cannot take any responsibility for garments that appear slightly different as this is acceptable to a degree.

Garment Sizing
The Customer takes full responsibility for the size that is ordered. If the wrong size is ordered the order cannot be returned or exchanged if additional production - like "Embroidery", "Screen Printing" and such production that alters the garment from its' original state - has begun.

Indemnity
The User agrees to indemnify the Owner and the Service Provider against any claim for loss or damage of any kind by any third party arising out of, or in relation to, the use of the Website by the User.

Copyright
Material on this site is all the copyright of the Owner or the Service Provider and the copying or use of this information is not permitted unless prior written permission is received from the site owner.

Updated 28 May 2019

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