Become An Insider

Terms and Conditions

Definitions
In these Terms and Conditions ("T&Cs"):
1. "Client" and "You" means the Client or any person acting on behalf of and with the authority of the Client, who engages Us to provide Services;
2. "Finished Goods" means the Goods once the Services have been provided in relation to those Goods;
3. "Goods" means the goods onto which You wish us to apply the Motif;
4. "GST" has the same meaning as in the GST Act;
5. "GST Act" means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
6. "Motif" means the design that You wish Us to apply to Goods by the provision of Services, being drawings and/or text provided by You;
7. "Us" and "We" means Mark Andrew Barnes (ABN 77 992 992 989) trading as "Put It On A Tshirt", and its successors and assigns;
8. "Services" means the service of applying the Motif onto Goods;
9. "Tax Invoice" has the same meaning as in the GST Act; and
Contract
1. These T&Cs constitute a legally binding contract between You and Us.
2. All Goods and Services supplied by Us to You are provided subject to these T&Cs.
3. These T&Cs shall prevail over your terms and conditions.
4. All representations, statements, terms and conditions not embodied in these T&Cs are expressly excluded to the full extent permitted by law.
Ordering
1. In placing an order, You must provide Us with the contact and delivery address as requested by Us.
2. In placing an order, You must nominate whether:
  - You will provide the Goods in relation to which You wish Us to provide the Services; or
  - You wish Us to provide the Services in relation to Goods that We sell for this purpose, and if so, which types, styles, sizes and colours of Goods that we have available (from the range nominated by Us at Our discretion) You wish to purchase from Us for this purpose.
3. In placing an order, You must provide us with an electronic copy of the Motif in a JPEG, GIF, PDF or PNG file format, and acknowledge that the resolution and quality of this electronic copy will affect the quality of the Services.
Provision of Goods and Services
1. We will provide You with the Services, and the Goods that you ordered (if any), once You have:
  - placed your order in accordance with clauses 3.1 and 3.2;
  - provided Us with the Motif in accordance with clause 3.3;
  - paid for your order in full; and
  - provided Us with the Goods in relation to which You wish us to provide the Services, if You have not ordered any Goods from Us for this purpose.
2. We may decline to provide the Services if:
  - in our opinion any Goods provided by You is unsuitable for any reason for being subjected to the Services;
  - we have reason to believe that the Motif may infringe a third party's trade mark, copyright, registered design, confidential information or other intellectual property right in Australia or in any country to which you wish us to deliver the Finished Goods;
  - we have reason to believe that the Motif may breach any law or regulation, including in relation to defamation, vilification, blasphemy, censorship or pornography) in Australia or in any country to which you wish us to deliver the Finished Goods.
3. We will provide the Services, and the Goods that you ordered (if any), as soon as practicable as the requirements in clause 4.1 have been met.
Risk and Title
1. Title in Goods that You provide to Us remains with You, though We will have a lien over those Goods until You have paid us in full for the Services that You wish us to provide in relation to those Goods.
2. Title in Goods that We supply remains with Us until You have paid us in full for the Goods and for the Services that You wish us to provide in relation to those Goods.
3. Risk in Goods rests with us from when we receive such Goods from You until we dispatch the Goods to your nominated delivery address.
Payment
1. You must pay the price stated in our Tax Invoice before we provide you with any Goods and/or Services.
2. All fees and charges are in Australian dollars and where applicable include GST.
Your warranty and liability
1. You warrant that the name and address details that You provide Us with are true and correct, and that You are the person that You claim to be.
2. You warrant that the Motif provided by you does not infringe any third party trade mark, copyright, registered design, confidential information or other intellectual property right in Australia or in any country to which you wish us to deliver the Finished Goods.
3. You warrant that the Motif provided by you does not breach any law or regulation, including in relation to defamation, vilification, blasphemy, censorship or pornography) in Australia or in any country to which you wish us to deliver the Finished Goods.
4. You agree to indemnify and hold armless Us, our officers, employees, contractors and agents, in relation to any loss, damage or liability (including legal costs on a solicitor and own client basis) arising from any claim by a third party that the Motifs breach the warranties in clauses 7.1 or 7.2.
5. You warrant that the electronic copies of the Motif that You provide to Us does not contain any virus, trojan, robot, spider, spyware, adware, malware or similar malicious software.
Our liability
1. Except to the extent that the exclusion, restriction or modification of certain conditions, warranties and rights is prohibited in the context of these Terms and Conditions, by the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation, any conditions, warranties or rights implied to Your benefit by legislation, conduct or common business practice are hereby excluded to the maximum extent permissible.
2. Without derogating from clause 8.1, where a condition, warranty or right cannot be excluded but under section 68A of the Trade Practices Act 1974 (Cth) or any equivalent State or Territory legislation may be restricted, Our liability is limited, in the case of goods, to the replacement of the goods or the supply of equivalent goods or the repair of the goods, or the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired, and in the case of services, the supplying of the services again or the payment of the cost of having the services supplied again.
3. Subject to clause 8.2, We will not be liable for any loss or damage whatever due to failure by Us to deliver the Goods and/or Services (or any part of them) promptly or at all, or for any breach of these T&Cs. Our failure to deliver shall not entitle either party to treat this contract as repudiated.
General
1. If any provision of these T&Cs shall be invalid, void or illegal or unenforceable the validity existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
2. All Services supplied by Us are subject to the laws of Victoria, Australia and the exclusive jurisdiction of the courts and tribunals of that State.
3. We may license or sub-contract all or any part of its rights and obligations without Your consent.
4. Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of

Become An Insider

Terms and Conditions

Definitions

Contract

Ordering

Provision of Goods and Services

Risk and Title

Payment

Your warranty and liability

Our liability

General