1. Introduction These Terms and Conditions ("Terms") govern all merchandise printing services provided by Capsule Merch ("the Company"). By placing an order, the Client agrees to be bound by these Terms.
2. Definitions Client: Any individual, company, or entity placing an order with the Company. Company: Capsule Merch, the provider of merchandise printing services. Order: A request by the Client for goods and/or services from the Company. Quote: A written offer issued by the Company outlining the cost and scope of services provided to the Client.
3. Orders & Quotes 3.1 All Orders must include complete specifications, including but not limited to: artwork, print size(s), quantity and size breakdowns, delivery address, and production deadline. 3.2 Quotes provided by the Company are valid for 14 calendar days from the date of issue, unless otherwise stated in writing. 3.3 The Company reserves the right to correct any clerical, typographical, or computational errors in a Quote or Order at any time, including after acceptance by the Client. If such an error is discovered, the Company will notify the Client as soon as practicable, and either party may cancel the Order without liability should the correction materially affect the pricing or scope. 3.4 Orders are subject to acceptance by the Company at its sole discretion. 3.5 The Company reserves the right to reject any Order without obligation to provide a reason. 3.6 Urgent Orders may incur additional charges. 3.7 Delivery timelines are indicative only and subject to stock availability and timely payment.
4. Proof Approval 4.1 A digital proof will be provided to the Client for approval before production. 4.2 Approval of the proof constitutes the Client's acceptance of all specifications, including but not limited to artwork, design, product style, sizing, print size and placement, colours (including Pantone selections), and garment colour. 4.3 The Company accepts no liability for errors in approved proofs.
5. Payment 5.1 Payment terms will be stated at the time of order and must be complied with. 5.2 Production will not commence until full payment is received, unless otherwise agreed in writing.
6. Production and Delivery 6.1 An estimated production deadline will be provided upon order confirmation. While effort will be made to meet the production deadline, the Company reserves the right to change the deadline to accommodate for unforeseen production factors such as staffing constraints, equipment failure and scheduling conflicts. 6.2 The Company is not liable for delays outside of its reasonable control, including but not limited to supplier issues, freight delays, customs clearance, or force majeure events.
7. Garment Issues Policy 7.1 The Company exercises due care when ordering garments on behalf of the Client but is not responsible for any sizing, colour, or style discrepancies once production has commenced. 7.2 The Client is responsible for reviewing and confirming garment specifications (e.g., size charts, colour swatches, and style codes) prior to placing an Order. Product information can be provided upon request. 7.3 The Company takes all reasonable steps to check garment quality prior to printing. However, the Company accepts no responsibility for manufacturer faults, seconds, or discrepancies before or after printing as outlined below. 7.4 Garment Dimension Tolerances Size specifications are based on supplier sizing charts. Variations in garment measurements of ±10mm in any dimension are considered acceptable due to standard manufacturing tolerances, fabric stretch and cut variations. 7.5 Stitching and Construction Variations Minor variations in stitching placement, seam alignment, and garment construction that do not affect the integrity or wearability of the garment are not grounds for rejection or reprint.
8. Print Tolerance Policy 8.1 The Company considers any Order delivered within plus or minus 2% of the requested quantity per garment as complete and fulfilled. 8.2 For Orders where the Company supplies the garments, if misprints exceed 10 garments or 10% of the total Order, whichever is greater, the Company will replace the affected garments within a reasonable timeframe. If misprints fall between 2% and 10% or involve fewer than 10 garments, the Company reserves the right to provide a refund for the affected garments equal to the quoted unit cost rather than carry out a reprint. 8.3 Colour Matching and Pantone Tolerances The Company makes every reasonable effort to match specified colours, including Pantone references. However, the Client acknowledges and accepts that: (a) There may be variation between the printed article and related references (e.g. digital mock, Pantone Colour Book etc) due to variations in ink mixing, garment fabric composition, dye lots, and printing methods (screen printing, DTG, DTF, embroidery etc.) (b) Where the Pantone colour system has been used, a tolerance of up to one (1) shade variation from specified Pantone colours is considered acceptable and within industry standards. (c) Colour appearance may vary between different fabric types, colours, and textures, even when using identical ink formulations. (d) Digital proofs are not a perfect representation of final printed colours due to unavoidable factors such as differences between computer/smartphone screen specifications and calibration, lighting conditions and software (e.g. MacOS v Windows, Photoshop etc). 8.4 Print Specification Tolerances Due to natural variations in garment manufacturing, fabric texture, and the manual nature of some printing processes, the Client acknowledges and accepts the following tolerances: (a) Print Placement: A tolerance of ±15mm (±0.6 inches) from the specified placement location is acceptable due to garment construction variations, seam placement, and loading variations during printing. (b) Print Size: A tolerance of ±3mm (±0.12 inches) for print dimensions is acceptable due to ink spread, screen tension, and fabric stretch during production. (c) Registration: For multi-colour prints, a tolerance of ±1mm between colour layers is acceptable and considered within industry standards. 8.5 The tolerances outlined in sections 8.3 and 8.4 represent accepted industry standards. Orders delivered within these tolerances are considered complete and correctly fulfilled, and no claims for defects, reprint, or refund will be accepted on this basis. 8.6Client-Supplied Garments (a) For Client-Supplied Garments, Clients are recommended to provide surplus stock to account for potential misprints as outlined in Section 8.1. The Company's liability for errors in printing on Client-supplied stock is limited to the printing cost only. If the Company accepts liability, refunds are capped at 100% of the printing costs and up to 20% of the proven wholesale value of the affected blank garments. (b) The Company recommends providing garments from one of our recommended suppliers, which can be found at www.capsulemerch.com/garment-catalogues. The Client acknowledges that providing garments outside of this list carries additional risk due to unknown garment characteristics, including material composition (e.g., presence of polyester fibres), variations from published specifications, and the potential presence of contaminants such as chemicals or moisture. Consequently, the Company accepts no liability for misprints or damage arising from these unforeseen factors or from poor garment quality. This includes, but is not limited to, issues such as polyester fabrics shrinking under flash dryers, ink migration from synthetic fibres, inconsistent dye batches, and loose weaves or textures that interfere with ink adhesion or print clarity. (c) The Company takes all reasonable steps to ensure successful printing on Client-supplied garments and will notify the Client in any instance where garment quality is identified as a potential issue that may affect the final outcome. However, the Client acknowledges that printing on Client-supplied garments is undertaken at the Client's own risk.
9. Use of Third-Party Suppliers 9.1 The Company may engage trusted third-party providers for services such as embroidery, sewing, dyeing, or finishing. 9.2 While all care is taken, the Company accepts no responsibility for errors made by third parties. All claims must be handled directly between the Client and the relevant supplier. 9.3 If Clients wish to manage additional decoration independently, they may coordinate such services before or after screen printing.
10. Cancellations and Modifications 10.1 Orders may be cancelled or modified within one (1) business day of placement, except for expedited orders. 10.2 Changes requested after proof approval may not be accommodated and may incur additional charges.
11. Returns and Claims 11.1 Any claims for defects, shortages, or errors must be made in writing within five (5) business days of receipt of goods. 11.2 Returned goods will not be accepted without prior written consent from the Company. 11.3 The Company is not responsible for minor variations in colour, size, or placement that are within industry tolerances as specified in Sections 7 and 8.
12. Price Adjustments 12.1 The Company reserves the right to increase pricing in the event of changes in supplier pricing, freight costs, taxes, or materials, provided notice is given before production.
13. Warranties 13.1 The Company warrants that the goods will be produced in accordance with the approved proof and industry standards. 13.2 All other warranties, express or implied, including fitness for purpose or merchantability, are excluded to the extent permitted by law.
14. Limitation of Liability 14.1 To the maximum extent permitted by law, the Company's liability for any loss or damage arising out of or in connection with the services or goods shall be limited to the lesser of: (a) the re-supply of the affected goods; or (b) the amount paid by the Client for the affected portion of the Order. 14.2 The Company shall not be liable for any indirect, incidental, or consequential loss, including loss of profits, business opportunity, or goodwill.
15. Intellectual Property 15.1 The Client warrants that it holds all necessary rights, licenses, and permissions for materials submitted. 15.2 The Client indemnifies the Company against any claims relating to intellectual property infringement.
16. Force Majeure 16.1 The Company is not liable for failure to perform its obligations due to circumstances beyond its control, including but not limited to acts of God, war, pandemic, embargo, fire, flood, or labour shortages.
17. Entire Agreement 17.1 These Terms, together with the approved proof and any written Quote or correspondence, constitute the entire agreement between the parties. No other representations or statements shall be binding unless made in writing and signed by both parties.
18. Severability 18.1 If any provision of these Terms is found to be invalid or unenforceable, the remainder will remain in full force and effect.
19. Variation 19.1 These Terms may only be varied in writing by the Company. The Company reserves the right to amend the Terms at any time, and such amendments shall apply to all Orders placed after the date of publication.
20. Governing Law These Terms are governed by the laws of Victoria, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Victoria.
