KEY TERMS

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

• We may disclose your personal information to third parties, as set out in our privacy policy.

• We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted (in this instance, we will provide you with a refund or store credit).

• Our liability under these terms is limited to the price paid by you for the products the subject of the relevant claim, and we will not be liable for consequential loss.

• We will have no liability for loss of, or damage to, the products, any injury or loss to any person, failure or delay in providing the products or a breach of the Terms or any law, where such loss was caused or contributed to by any event or circumstance beyond our reasonable control or your acts or omissions.

• Nothing in these terms limits your rights under any applicable consumer law.

Boarders Print Shop provides custom apparel printing services and helps you avoid the hassle of dealing with distributors and manufacturers. We hope you love our products! Before you order from us, here are a few terms and conditions to make sure we’re on the same page!

1. Acceptance

(a) This website (Site) is operated by Boarders Print Shop (ABN: 36 161 383 517) (we, our, or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site, email, or phone. If you are using the Site on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorized to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.

(b) You accept these Terms by placing an order via the Site, email, or phone.

(c) You must not use the Site and/or place an order for products through the Site unless you are at least 16 years old.

2. Accounts

(a) An account is not required to make a purchase.

(b) You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.

(c) It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

3. Orders

(a) You may order products from us as set out on the Site, or via email or phone. Any order placed through the Site, email, or phone is an offer by you to purchase a particular product or products for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order.

(b) We may, at our absolute discretion, accept or reject an order. We will endeavor to notify you of a rejection at the time of the order or within a reasonable time thereafter.

(c) Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.

(d) It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site, email, or phone.

(e) We aim to display the colors and textures of the products as accurately as possible, however, they can appear slightly different on your screen or device. The appearance of customized products, including their color, the designs, and other features, may be different than in real life.

(f) All samples and order quantities of 20 – 99 garments require full payment before printing begins. For order quantities of 100 garments and above, a minimum deposit payment of 50% is required before we will begin printing. The outstanding amount is due before or on collection or shipment.

(g) When you place an order, we will send you an invoice for the total amount due. Your order will not be processed until we have received full payment of the invoice or the required deposit. Once the invoice is paid, your order is accepted and these Terms become binding.

(h) As soon as payment or a screenshot of the payment is received, your order will be printed. Printing will take between 5 - 15 business days, and you will be notified once your job is complete.

(i) When you order and pay on the Site or once you have paid offline and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses, and a description of what was ordered.

4. Intellectual Property

(a) All intellectual property (including copyright) developed, adapted, modified, or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.

(b) You may use the Site to customize your product using items available on the Site, such as icons, fonts, color schemes, and design effects. You agree you do not own any combination of any items we provide to you, and that we retain all intellectual property ownership in all customization of our products.

(c) Where you upload your own design to our Site to customize your products (Your Content), you agree that: (1) you are either the owner of the copyright or you have a license from the copyright owner to reproduce Your Content, so that we can provide you the product; (2) by uploading Your Content, you grant us a perpetual, worldwide, non-exclusive, transferable right to use, copy, reproduce, process, adapt, publish, display, and distribute Your Content for the purpose of providing you the product; and (3) Your Content will not violate or infringe the rights of others (including their privacy or intellectual property rights), will not contravene law, contain explicit or sexual imagery, contain vulgar, obscene, profane wording or imagery, or may harass or cause distress to, or incite hatred of any person.

(d) You must not, without our prior written consent: (1) except as set out in these terms, copy or use, in whole or in part, any of our intellectual property; (2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or (3) breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

5. Price and Payments

(a) You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in the currency set out on the order page and any value-added tax will be set out separately (where applicable).

(b) You must pay the Price using one of the methods set out on the Site. We accept Cash, Card, or bank transfers as per invoiced total amount. Payments made via Amex will incur a 2% fee. If you pay on the Site via our third-party payment processor, the payment will be subject to the payment processor’s terms and conditions.

(c) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final. If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorized to use the debit card or credit card to make the payment, that your payment will be honored by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.

(d) We may allow you to pay offline by issuing you an invoice once you have placed your order or by bank transfer to the account details we provide to you. You must pay the invoice by the payment method and in accordance with the terms of the invoice. We will not process your order until full payment of the Price or the required deposit has been made.

(e) We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued. We may also from time to time run competitions on the Site or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

6. Availability and Cancellation

(a) All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.

(b) We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

7. Delivery, Title, and Risk

(a) We deliver Australia-wide (unless the delivery company does not deliver to your area).

(b) Delivery costs will be set out separately and will depend on the options you select (and the addresses to which you request we deliver the products).

(c) Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.

(d) We may deliver the products using a range of delivery methods.

(e) Despite anything to the contrary, title to the products will remain with us and will not pass to you until we have received payment in full for the products, including all related delivery charges.

(f) Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order. Upon delivery, you must inspect the products for any faults or damage.

(g) If you provide us with authority to leave your order at an unattended location, you agree that this authority gives us and/or our delivery company permission to leave the products unattended at the delivery location and releases us from all liability and responsibility for the products delivered and left unattended. You agree that the person you provide delivery instructions to, including leaving products unattended, is duly authorized to act on your behalf, and will accept the products on your behalf.

8. Returns and Refunds

(a) Subject to this clause, and to the extent permitted by law, all sales are final, and we do not offer exchanges or refunds for change of mind.

(b) Any issues with your order (including missing or damaged products) must be reported to us within 48 hours of delivery.

(c) Nothing in the Terms excludes, restricts or modifies any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by any legislation which cannot be lawfully excluded or limited (including the Australian Consumer Law). Any provision which purports to exclude, restrict, or modify any such right or remedy or any such guarantee, warranty, or other term or condition is to that extent, void. To the extent permitted by law, our liability for a breach of a non-excludable guarantee is limited (at our option) to the replacement or repair of the products or the supply of equivalent products, the payment of the cost of replacing or repairing the products, or the payment of the cost of obtaining equivalent products.

(d) Subject to the below, we will accept the return of faulty products. If you believe a product is faulty, please contact us within 48 hours of delivery and provide a description of the fault, including images or video documenting the fault. If we determine the product is faulty, you will be eligible for a remedy (either repair, replacement, or refund), as described below.

(e) If we determine that your product may be returned or exchanged, we will provide you with instructions on how to return your product. You must comply with our return instructions.

(f) Any refunds will be made via the same method of payment you used to purchase the products.

(g) Where your claim is a valid claim under this clause, we will cover the cost of return shipping.

9. Limitations

(a) Despite anything to the contrary, to the maximum extent permitted by law: (1) our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed the portion of the price paid by you to us for the products the subject of the relevant claim; and (2) we will not be liable to you in respect of any indirect, special, or consequential loss, loss of profits, revenue, or data, loss of opportunity, business, or anticipated savings, or loss or damage to goodwill arising out of or in connection with the products or the Terms (including as a result of any negligent act or omission or any defect, delay, or non-performance of the products).

(b) Certain legislation including the Australian Consumer Law (ACL) and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees, and remedies relating to the provision of products by us to you which cannot be excluded, restricted, or modified (Statutory Rights). Our liability is governed solely by the ACL and these Terms. Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.

(c) You agree that our goods come with guarantees which cannot be excluded under the ACL. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

(d) To the extent permitted by law, our total liability arising out of or in connection with the products or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the amount paid by you for the products.

(e) This clause will survive the termination or expiry of these Terms.

10. Dispute Resolution

(a) If any dispute arises out of or in relation to these Terms, either party may notify the other party in writing of the dispute, and within 14 days of such notice, the parties must use all reasonable endeavors to resolve the dispute in good faith, expeditiously, by negotiation, or such other means upon which they may mutually agree.

(b) If the parties do not resolve the dispute within the above timeframe, the dispute must be referred for mediation in accordance with the Australian Disputes Centre’s Guidelines for Commercial Mediation. The mediation will be held in Sydney, Australia and the costs of the mediator will be shared equally between the parties.

11. Termination

(a) We may immediately suspend or terminate your access to the Site or our products without notice to you for any breach of these Terms. If we suspend or terminate your access to the Site, we may refuse to supply you with any products.

(b) You may terminate these Terms by providing written notice to us, but the Terms continue to apply to any orders made before termination.

12. General

(a) Privacy: We agree to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.

(b) Waiver: Any failure by a party to insist upon strict performance by the other party of any provision in these Terms will not be taken to be a waiver of any existing or future rights in relation to the provision.

(c) Severability: If any provision of these Terms is invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

(d) Assignment: You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.

(e) Governing law: These Terms are governed by the laws of New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia.

(f) Amendments: We may, at any time and at our discretion, vary these Terms by publishing the amended Terms on our Site. We recommend you check the Site regularly to ensure you are aware of our current terms. For any orders that have been accepted by us, the Terms that apply will be those that were in place at the time you placed your order.