Terms & Conditions
General
1.1 The Site is a shopping website provided by Merch Centre (ABN 64 299 532 902) trading as MERCH CENTRE (“Merch Centre”, “us” or “we”) where you can browse, select and purchase products sold by MERCH CENTRE (“Products”).
1.2 Your access to and use of the Site, including your Orders and purchases of Products through the Site, is governed by these terms and conditions and our Privacy Policy.
These terms and conditions (the "Terms and Conditions") govern the use of https://merchcentre.com.au (the "Site"). This Site is owned and operated by MERCH CENTRE. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Intellectual Property
All content published and made available on our Site is the property of MERCH CENTRE and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Acceptable Use
As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:
- Violate the rights of other users of our Site;
- Violate the intellectual property rights of the Site owners or any third party to the Site; or
- Hack into the account of another user of the Site.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
Accounts
When you create an account on our Site, you agree to the following:
- You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
- All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
- Apparel;
- Embroidery; and
- Printed Products.
The following services are available on our Site:
- Design Services.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Third Party Goods and Services
Our Site may offer goods and services from third parties. We cannot guarantee the quality or accuracy of goods and services made available by third parties on our Site.
Payments
We accept the following payment methods on our Site:
- Credit Card;
- PayPal;
- Debit;
- Direct Debit;
- Apple Pay; and
- Google Pay.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Artwork Approval
All orders requiring decoration (Embroidery, Printed Transfers, Screen Printing & Sublimation etc) will undergo an artwork approval process prior to production. Production of your order will not commence without written approval provided by the customer.
Turnaround Times
By accepting the terms and conditions, you agree to our turnaround time frame of 15-20 business days after artwork approval. Orders cannot be cancelled or refunded during this period without approval from a customer service representative.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
- Standard Delivery By Post; or
- Express Post Delivery.
Delivery will take place as soon as reasonably possible, depending on the delivery method selected. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and public holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase.
If you purchase goods from us for delivery to a destination outside Australia your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
Refunds
Refunds for Goods
Refund requests must be made within 7 days after receipt of your goods.
We accept refund requests for goods sold on our Site for any of the following reasons:
- Good is broken.
Refunds do not apply to the following goods:
- Decorated Garments or Items;
- Incorrect selection of size, colour or style; and
- Change of mind.
Refunds for Services
We provide refunds for services sold on our Site as follows:
- Full details of the Merch Centre returns policy are available on our Shipping & Returns page.
Returns
Returns can be made by mail. To return a good by mail, follow the following procedure:
Return instructions to be provided upon approval by a Merch Centre representative.
Consumer Protection Law
Where the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010, or any other consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
MERCH CENTRE and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless MERCH CENTRE and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Applicable Law
These Terms and Conditions are governed by the laws of the State of Queensland.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Intellectual Property and Customer-Provided Content
"Customers warrant and represent that they possess all necessary rights, licenses, and permissions to use any artwork, designs, logos, trademarks, photographs, or other media ("Content") provided to Merch Centre for customization. Customers acknowledge and agree that they are solely responsible for ensuring that their Content does not infringe upon the intellectual property rights, including copyrights, trademarks, patents, or rights of publicity, of any third party.
By submitting Content to Merch Centre, customers grant Merch Centre a non-exclusive, royalty-free, worldwide license to reproduce, modify, and use the Content for the sole purpose of fulfilling the customer's order. This license is limited to the production and delivery of the requested custom apparel.
Customers agree to indemnify, defend, and hold harmless Merch Centre, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in connection with1 any claim that the customer's Content infringes upon the intellectual property rights of any third party.
Merch Centre assumes no responsibility for verifying the ownership or legality of Content provided by customers. We reserve the right to refuse to produce any Content that we believe may infringe upon the rights of others or that we deem inappropriate or offensive.
Customers retain ownership of their original Content, but acknowledge that Merch Centre may retain digital or physical copies of the Content for record-keeping and archival purposes related to the customer's order.
It is the customer's responsibility to ensure that all submitted content is accurate and of sufficient quality for the requested customization. We are not responsible for errors or defects resulting from low-resolution or poor-quality Content provided by the customer."
Effective Date: 1st day of January, 2022
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
You can also Contact Us through the feedback form available on our Site.