Terms and Conditions
These Terms and Conditions form a contract between the customer (you) and Merchandise Up that apply to the ordering, purchase, fulfilment and delivery of goods from Merchandise Up. Please read these Terms and Conditions carefully before placing your order as they contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability.
If you do not understand these Terms and Conditions or if you have any questions, please contact us.
definitions
1. Business Days means a weekday in which trading banks are open for the transaction of banking business in the Brisbane Area, Australia.
2. Delivery Address means the address to which the goods are to be delivered as stated on the order confirmation provided to you.
3. Freight means the fees charged for the delivery of goods.
4. Goods means the items offered for sale, described or displayed on the Website.
5. GST has the meaning provided by the New Tax System (Goods and Services Tax) Act 1999 (Cth).
6. Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.
7. Order means a request by you to purchase goods by these Terms and Conditions.
8. Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).
9. Price means the purchase price of each good.
10. Terms and Conditions means these terms and conditions, as amended from time to time.
11. Website means www.merchandiseup.com.au
12. Website Terms of Use means the terms and conditions governing your use of the Merchandise Up website, in addition to these Terms and Conditions.
1.13 We, Us, Our means Merchandise Up.
1.14 You, Your or customer means you as the purchaser of goods from Merchandise Up under these Terms and Conditions.
15. Force Majeure Event means any event beyond the reasonable control of Merchandise Up, in consequence of which we cannot reasonably be required to perform our obligations under these Terms including but not limited to unavailability of materials or components, strikes, lockouts, riots, natural disasters, fire, war, acts of God, acts of hostility, terrorist activity, national emergency, Government action, transport difficulties and failures or malfunctions of computers or other information technology systems;
prices
Prices displayed are per unit (except the setup fee) and exclusive of GST.
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Please contact us for orders with quantities larger than the ones displayed.
All pricing does include free delivery to one location Australia-wide. Split deliveries will incur a delivery charge per additional location.
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Additional charges apply for additional decoration options (e.g. adding a second print colour to an item that includes a one-colour print). Some decoration options may incur an extra cost if changes are made. This will be conveyed and discussed before an order moves to production. Examples of this are embroidery prices being based on up to 10,000 stitches, some logos will require additional charges if the stitch count exceeds this. Metallic thread colours will incur an extra cost depending on qty and logo size.
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Due to currency and materials fluctuations, prices are subject to change. Thus all prices shown are limited-time special offers and subject to change at any time up until payment is received.
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artwork approval
Artwork is required in a vector format. A high-resolution file (min 300 dpi) might also work depending on the branding option chosen. Without either of these file types, a logo redraw fee will need to be applied in most instances. Pricing depends on complexity,
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An artwork proof will be supplied for all orders (excluding exact repeat orders). Without approval and payment, production & and advertised production times will not start. After approval, it will then be too late to make any adjustments.
Merchandise Up is not liable for any errors in your chosen decoration method (e.g. printing, engraving etc), colours or if an incorrect artwork has been approved. Therefore, the client must ensure product details, colours, quantities, decoration methods and artwork details are correct before approval of the proof/s. Changes must be made in writing and must be approved by us before the changes become effective. Submitting a request without any confirmation by us will not be considered a valid change and the customer will be billed for the original order. Also, any costs incurred in reprinting and reproducing the items will be at the customer's cost.
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All printing and embroidery colours in your artwork approval are to be used as an indicator only and some variations may occur between monitors. Please be aware that colours on a screen can look different when printed. You must supply a PMS colour for printing to get as close to a match as possible. We do our best to closely match Pantone/PMS colours, however, an exact match is not always possible. Merchandise Up takes no responsibility for incorrect colours supplied by the client. Every effort will be made to match the nominated print colours however exact matches are not guaranteed and tolerance to 2 shades is to be considered acceptable.
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Intellectual Property:
You provide us with a non-exclusive, royalty-free and worldwide licence to use any of the Intellectual Property you submit to us for us to supply you with the goods ordered.
You indemnify us and must keep us indemnified at all times, from and against all claims, proceedings, liabilities, loss, damages, costs (including legal costs on a full indemnity basis) and expenses, suffered or incurred by us, directly or indirectly, arising from or in connection with our use of the Intellectual Property you submit to us to supply the goods, and our use breaching the Intellectual Property Rights of any third party.
product images & colours
All product images should be used as a guide only. Some slight differences may be evident between the photo and the actual product at times. This may occur between different batches of stock when reordering an item, and product photos not being updated. The product description will explain product features such as sizing. Be sure to read all the details before confirming an order.
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Product colours may also vary slightly compared to what is seen on screen. There are a variety of reasons for this including different colour profiles across different computer screens and also slight variations in colours between batches of stock. If the product colour is 100% critical then we highly suggest ordering a physical sample before giving approval and proceeding with an order.
stock availability
Inventory stock is on a first-paid/approved basis. Stock is not secure until both payment and artwork approval are received. If we do not have stock at the time you order, we will contact you and offer an alternative item.
PAYMENT, order fulfilment & delivery
Payment of the order must be in AUD, You may pay an Invoice by Electronic Funds Transfer to our nominated bank account, or by credit card. You acknowledge that credit card surcharges may apply. Payment for promotional customised products is due at the time of order unless otherwise agreed upon in writing. Production of customised products will commence only after full payment is received.
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If your artwork proof has been approved, we can not cancel your order as your goods are likely to be in production. Changes made to orders after proof approval will have their production timelines reset, as any change made at this stage requires the order to be pulled from production. The only exception to this is changes in a delivery address that must be submitted at least 48 hours prior to the ship date as the factory may ship early. The factory may ship orders out prior to the customer’s requested ship date without notification to the customer. Orders are not insured unless requested on the PO or in writing (please note this request will incur any applicable courier insurance costs associated). We highly recommend checking all details connected to your purchase order prior to placing it.
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Cancellation: Some orders may not be cancellable, depending on whether production or shipping has commenced. The customer is responsible for any incurred costs such as setups, printing, proofs, artwork, packaging and any other expenses incurred by the factory.
Shipping instructions, delivery instructions and delivery dates (if applicable) must be included in your order. Changes to shipping instructions must be in writing and confirmed by Merchandise Up. We will arrange for transportation of the goods to the delivery address you nominate in your order, The risk of loss of, or damage to the goods passes to you as soon as the goods are picked up from our warehouse or particular place of manufacture (as applicable). We cannot take any liability for goods if they are lost or misplaced after a delivery occurs. If requested our customer service team will open an investigation ticket with the shipping carrier, and provide your contact details for notifications and follow-up. It is the customer’s responsibility after the initial investigation has been opened to follow up with the carrier for additional updates and information. Delivery times are estimates, and Merchandise Up is not liable for any delays beyond our control. Therefore, due to seasonal influxes and factors out of our control, refunds will not be given for any changes to estimated or confirmed delivery dates. E.g. delays caused by couriers are not the responsibility of Merchandise Up and no refunds, credits or returns will be given to the client due to carrier issues. We will advise ASAP if your deadline can not be met and if possible, an alternate solution may be provided.
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Each factory reserves the right to ship via the carrier of their choice in order to meet the customer’s in-hand date. All delivery times provided by couriers are the estimated standard times unless an express service is requested and paid for.
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Change of Mind and Return Policy: We take pride in providing personalised and customised items tailored to your specifications. Please be advised that, due to the unique nature of customised products, we are unable to accept returns or offer refunds unless the item itself is found to be faulty. Therefore, you must inspect the goods on delivery, and advise us in writing of any fault, defect or failure of the goods within seven (7) days of delivery. Otherwise, you are deemed to have accepted the goods. However, nothing in this clause affects or restricts your rights for any alleged failure of a guarantee under the Australian Consumer Law if that law applies to you. For non-faulty customised items, we encourage you to review your specifications carefully before placing an order, as these items are crafted to meet your unique requirements and, as such, cannot be resold. If you believe you have received a faulty customised item, please contact our customer service at welcome@merchandiseup.com.au to initiate the return process. Our team will guide you through the necessary steps to facilitate a resolution.
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The factory may reject claims made after the 7th calendar date. Refusing, abandoning or sending back a shipment without approval does not constitute approval by us or the factory. When approved, returned products must be in the same condition as when they left the factory and any approved return will only be considered based on the quantity returned. All returns will be inspected by a Quality Control Team upon receipt. All claims must be confirmed by the Quality Control Team before we can issue any applicable credits/refunds/discounts.
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When contacting customer service please provide as much detail as possible in relation to the discrepancy/dispute, dates/times, pictures etc. The information will be used to investigate and respond as quickly as possible with resolution options. Please note that once a resolution is provided, agreed and executed as planned it cannot be adjusted.
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However, nothing in this clause affects or limits your rights for any alleged failure of a guarantee under the Australian Consumer Law if that law applies to you.
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Force Majeure Event: We will not be liable for any loss, damages, cost or expense arising from any failure of or delay in performance of our obligations under these Terms, where the failure is wholly or substantially due to a Force Majeure Event, provided that as soon as reasonably practical, we notify you in writing the details of the Force Majeure Event and the extent to which we are unable to perform our obligations.
Where the Force Majeure Event prevents us from performing a material obligation under these Terms for a period in excess of 30 days, then either party may by notice terminate these Terms, which will be effective immediately unless otherwise stated in the notice.
limitation of liability
Nothing in these Terms is intended to exclude, restrict or modify any guarantees under the Australian Consumer Law which apply and cannot be excluded, restricted or modified. Otherwise, all terms, conditions, warranties and representations, expressed or implied by statute or otherwise are excluded.
To the extent permitted under the Australian Consumer Law (if the Australian Consumer Law applies), our liability for a breach of any guarantee or warranty imposed under the Australian Consumer Law or otherwise in respect of a breach of any other guarantee or warranty imposed by statute or common law in any jurisdiction which cannot be excluded, is limited at our election to:
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(i) the replacement of the goods or the supply of equivalent goods;
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(ii) the repair of the goods;
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(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; and
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(iv) the payment of the cost of having the goods repaired.
To the maximum extent permitted by law, including the Australian Consumer Law (if the Australian Consumer Law applies), we will not be liable to you for any indirect, punitive, incidental, special or consequential damages including, without limitation, damages for loss of use, data, profits or revenue, arising as a result, directly or indirectly, or in any way connected with the provision of or failure to provide goods, whether based on these Terms, negligence, statute or otherwise.
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acceptance
By processing your order, accepting a quote or invoice via email, or by signing off on an artwork approval, you are agreeing to the terms and conditions.
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​You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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Merchandise Up reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the website. The Terms and Conditions which apply at the time of order are those that govern your relationship with Merchandise Up concerning that order. Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.
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Merchandise Up collects personal information only by lawful and fair means so that we can perform our business functions and activities. Where it is reasonable and practicable to do so, we collect your personal information from you directly when you purchase products or services from us, provide your details to us at an industry event, enter competitions or other arrangements with us, provide feedback/complaints to us or register your details with us. We take all reasonable steps to protect your personal information from misuse, loss, unauthorised access, modification or disclosure. We make all reasonable efforts to ensure your personal information is stored securely in access-controlled electronic or physical locations. If you have a question about our Privacy Policy or wish to make a complaint about the way we have collected, used, held or disclosed your personal information, please contact us.