Terms of Sale
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 sizing breakdowns, delivery address, and 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 Estimated production timeframes will be provided upon order confirmation.
6.2 The Company is not liable for delays outside of its reasonable control, including but not limited to supplier issues, freight delays, or force majeure events.
7. Cancellations and Modifications
7.1 Orders may be cancelled or modified within one (1) business day of placement, except for expedited orders.
7.2 Changes requested after proof approval may not be accommodated and may incur additional charges.
8. Returns and Claims
8.1 Any claims for defects, shortages, or errors must be made in writing within five (5) business days of receipt of goods.
8.2 Returned goods will not be accepted without prior written consent from the Company.
8.3 The Company is not responsible for minor variations in colour, size, or placement that are within industry tolerances.
9. Price Adjustments
9.1 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.
10. Warranties
10.1 The Company warrants that the goods will be produced in accordance with the approved proof and industry standards.
10.2 All other warranties, express or implied, including fitness for purpose or merchantability, are excluded to the extent permitted by law.
11. Limitation of Liability
11.1 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.
11.2 The Company shall not be liable for any indirect, incidental, or consequential loss, including loss of profits, business opportunity, or goodwill.
12. Intellectual Property
12.1 The Client warrants that it holds all necessary rights, licenses, and permissions for materials submitted.
12.2 The Client indemnifies the Company against any claims relating to intellectual property infringement.
13. Force Majeure
13.1 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.
14. Entire Agreement
14.1 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.
15. Severability
15.1 If any provision of these Terms is found to be invalid or unenforceable, the remainder will remain in full force and effect.
16. Variation
16.1 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.
17. 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.
