Custom Service Terms & Conditions

OVERVIEW

These Terms outline the arrangement between you and us for our custom services (Agreement), which are detailed in your Proposal. In the event of any inconsistency between these Terms and the Proposal, the Proposal will prevail to the extent of the inconsistency. Any variation to the Proposal must be agreed upon in writing by both parties.

By agreeing to these Terms by clicking “I accept” below, you acknowledge that you have read and understood them and agree to be bound by them.

These Terms are designed to operate in conjunction with our Website Terms and Conditions and Privacy Policy (to the extent applicable), so please ensure that you have read all of our terms before proceeding.

 

FEES AND PAYMENT

The Fees are as set out in the Proposal, and are to be paid in accordance with each stage of completion, which includes a Deposit.

The Deposit secures a start date for us to commence the Services, and a Restart Fee may apply should you postpone the start date without providing 14 days’ notice or if the Services have already commenced. The Deposit is not refundable or transferable once production has started in accordance with the Key Dates.

The Fees will be payable on the Payment Dates set out in the Proposal following receipt of a Tax Invoice from us. Payment details will be outlined in the Tax Invoice.

All Fees must be paid prior to the dispatch of your order.

Should Fees remain outstanding beyond the Payment Dates, we reserve the right to charge interest at the rate of [10%] per annum, calculated monthly.

Debt Recovery

For all payments outstanding after 30 days, we will commence debt recovery action. Should we recover any unpaid Fees through an external agency, you acknowledge that you will be responsible for the costs involved in the recovery.

Title in Goods

Where the fees have not been paid in full prior to your order being sent to you for any reason that has not already been approved by us, you acknowledge that whilst risk passes to you we will retain title in and ownership of all products in your order (even where they have been partially paid for) until full payment is made.

 

ORDER PROCESS

You must complete the applicable enquiry form for the service you require. For details of how this process works and to complete the enquiry form, please select the relevant link:

Logo Services

Design Services

Styling Services

All custom services will only proceed once the Proposal is approved.

Urgent Orders

We may in certain circumstances be able to carry out urgent orders, however any additional expenses for such orders will be passed onto you for payment before the order can be processed.

Back Orders

Where our suppliers notify us that a product that you have ordered is on back order, we will notify you and will at your request, refund the full amount for the back order and notify you of the date for the stock to arrive or retain the funds to credit against the stock once it arrives.

Manual Orders

Where you place an order via email instead of completing the Enquiry Form via our Site, we will submit a Proposal based on the information provided in your email for your approval. An additional admin fee may apply to manual orders due to the additional time and effort involved to process the order manually versus using our systems and processes.  Phone orders are not accepted.

Responsibility for the order will pass to you upon submission of our Proposal.

These Terms will apply to any manual orders.

Design With US Service Stages

Once the Deposit has been paid, we will schedule the Services accordingly and provide you with an update as to the anticipated timeframe for your project. Before we can get started, we will require certain information from you, and will provide a questionnaire for you to complete with the relevant details.

On receipt of your questionnaire, we will get started on your design concepts and send them to you for approval. You agree to provide feedback in writing within 14 days of receiving the initial concepts, after which we will present another round including more specific products, fabrics and prices. Written feedback on this round is also required within 14 days.

Following your feedback, we will provide a final presentation with logos and final prices approved for setup and production, where a proto sample is made.

Your authorised representative, as specified in the Proposal, is responsible for approving a proto sample which will be made in using the fabric quality that we propose and you approve.  Upon receipt, we recommend a wear test to determine whether the Final Product will be fit for purpose prior to placing a bulk order. Approval must be provided in writing as directed by us and signed by the authorised representative, and changes can be made via our Change Request Form. We will conduct our own fitting test at the same time to ensure sizing is in line with Australian standards. Once your proto sample has been approved, we require you to confirm the sizes you require before we enter pre-production and raise purchase orders

Once a bulk order (200 or more per style) is placed, the sample is deemed fit for purpose, and we will arrange a Pre-Production Sample (PPS) For final sign off in each colour by your authorised representative and our quality control team.  We will not proceed without a final sign off in writing by you.  All changes from proto sample will have been made by PPS stage, and only minor changes can be made at this point (prior to bulk production). e.g. : Logo colour, size and position. Once signed off, no further changes can  be made.

When production is ready, we provide a sample (shipping sample - SS) of each item, in each colour, in your chosen size. Once approved, we arrange shipment of the full order, and prepare a complimentary style guide for your business use. One round of revisions to the style guide is permitted, otherwise additional costs will apply.

Final Product

Due to the nature of our products, what you receive may differ somewhat from the images that appear on our Site, our presentations, digital mock ups or the samples received by you. By proceeding with your purchase, you acknowledge that these images and samples are provided for illustrative purposes only, and any colours or textures may not be an accurate depiction of the physical product given inherent differences across devices as well as differences in fabrics. Variances in embroidery, colours, trims, logos and measurements are to be expected and you acknowledge that such variances do not constitute faults. We cannot guarantee that all Final Products in your order will be exactly the same as each other.

You acknowledge that variances in quantity may occur, and that smaller quantities may result in greater variances due to the nature of the manufacturing process. We provide 5% leeway on all quotes, and the final Tax Invoice will be adjusted to account for the variance.

Bulk fabrics, colours, trims, logos and measurements may vary from batch to batch within commercial tolerances as determined by our quality control team.

While we do our best to provide products that are of the highest quality, we are unable to guarantee that they are suitable for any particular purpose or that they will meet your expectations.

Products forming part of your order are for your business use only, and you must not sell or attempt to resell any products and/or samples obtained or purchased from us.

 

SIZING AND FIT

The size guides we provide are for indicative purposes only, and certain garment styles may require alterations to improve comfort. We suggest that if a person who will be wearing the garment is in between sizes or otherwise not of a standard size, you order a larger size for them. If a smaller size is ordered, this may impact the lifespan of the garment by putting unnecessary strain on the fabric, seams or trims. A larger size will also allow for alterations to be made to cater to unique proportions, which can be done at an additional cost. Please note that we are unable to accept returns or exchanges should you choose the incorrect size for your custom garments.

We can also provide you with a sizing guide to assist you with your size selection. We may also have fabric swatches available. You can access the sizing guide here.

We use Australian standard sizing and grading, with variations not outside the Commercially Acceptable Limits.

Style with us service

Once the Deposit has been paid, we will schedule the Services accordingly and provide you with an update as to the anticipated timeframe for your project. Before we can get started, we will require certain information from you, and will provide a questionnaire for you to complete with the relevant details.

On receipt of your questionnaire, we will get started on your design concepts and send them to you for approval. You agree to provide feedback in writing within 14 days of receiving the initial concepts, after which we will present another round including more specific products, fabrics and prices. Written feedback on this round is also required within 14 days.

Following your feedback, we will provide a final presentation with logos if applicable and final prices are to be approved based on your provided quantities. Samples can be arranged on request, at additional fees, and we recommend your nominated representative arrange wear testing.

Due to the nature of our products, what you receive may differ somewhat from the images that appear on our Site, our presentations, digital mock ups or the samples received. By proceeding with your purchase, you acknowledge that these images and samples are provided for illustrative purposes only, and any colours or textures may not be an accurate depiction of the physical product given inherent differences across devices as well as differences in fabrics. Variances in embroidery, colours, trims, logos and measurements are to be expected and you acknowledge that such variances do not constitute faults. We cannot guarantee that all Final Products in your order will be exactly the same as each other.

While we do our best to source products that are of the highest quality, we are unable to guarantee that they are suitable for any particular purpose or that they will meet your expectations. As these are manufactured by 3rd parties, we cannot make any changes with respect to fit, colour and design details. Please refer to size guide links provided in your presentation to ensure you are choosing the correct sizes.

 

GARMENT CARE

All garments come with care instructions, which are provided on the inside seam. It is your responsibility to follow these instructions when laundering your garment, and also to take reasonable care when wearing and storing your garments to maximise their lifespan. We suggest that you advise the individuals who will be wearing the garments to take care of them accordingly. Any use of the products by you outside of these care instructions, or for purposes outside of their intended purpose, is at your own risk and you assume full responsibility for any loss or damage arising from such use.We cannot be held responsible for wear and tear, care instructions not being followed, or the impact of any dry cleaning chemicals, laundry detergents or water used to clean the garments.

We recommend following our Uniform Care Guide for additional support, and sharing this link with your team.

 

ISSUES WITH YOUR ORDER

Discrepancies happen sometimes, and we are more than happy to rectify them where reasonable. If there are discrepancies in your order quantity, please advise us via email within 7 days of receipt of your order.

If there is an issue with your embroidered or printed logo, please advise us via email within 3 days of receipt of your order. There is a fast turnaround time for this because if there is a fault, our embroidery studio and printer only allow 7 days within which to rectify your garments. If your feedback is not received within this timeframe, your order will be deemed accepted.

You acknowledge that embroidery may appear different when applied to fabrics that are not the same as the fabric used in the approved sample.

 

RETURNS AND REFUND

We are unable to provide changes, cancellations, refunds or exchanges for custom orders. If changes need to be made to your order, this should be done at sample feedback stage by completing a Change Request Form.

Wear and Tear – we recommend testing products prior to making bulk orders, or applying logos to ensure our products are right for you. We will deem any products that have been worn longer than 3 months as general wear and tear and after this time, they can not be assessed as ‘faulty’. By following our care instructions, and providing enough products for each staff member to wear, our products should last a reasonable time frame of up to 12 months or more.

Please refer to our Returns and Refund Policy for more details.

 

CHANGES AND CANCELLATIONS

Where changes are required, you must notify us within 7 days of placing the order and a Change Request Form must be completed. Changes will not be accepted without a completed Change Request Form or where the Change Request Form is submitted outside this timeframe.

All costs involved in the production of an order will be charged if an order is cancelled.

Where an order is in production, it cannot be changed in any way or cancelled. Orders that are custom-designed and manufactured to your specifications cannot be returned for credit.

 

SHIPPING POLICY

Please refer to our Shipping Policy. In particular, please note that once your order has left our warehouse, we cannot be held responsible for any delays, or loss of or damage to the items in your order.

You acknowledge that once a delivery has been made, it is your responsibility to organise for any palettes, packaging and rubbish to be collected for disposal.

 

INTELLECTUAL PROPERTY

Upon full payment of the Design Fees, we will assign ownership rights (excluding Moral Rights) in the Designs outlined in the Proposal to you for your business use.

You agree not to modify the Designs in any way, for any reason, without our prior consent, nor sublicence, publish, sell or otherwise provide the Designs to third parties. Should you wish to use an alternative manufacturer in future, you can request our handover of the designs for use by following the steps set out below:

  • Email the style numbers you would like us to assign ownership rights to you;
  • Confirm payment has been made in full under “Design Fees” and provide receipt of the same

If no payment has been made, we can arrange an  itemised quote for the designs; and

We will agree to handover the designs in writing subject to all outstanding Fees being paid in full.

We retain the right to reproduce the Designs and Final Product, with reference to you (including your name, business name, logo and any trade marks), on websites, social media and any other media for recognition or professional advancement purposes.

You agree to credit us with performance of the Services wherever reference to them may appear, and creation of the Deliverables wherever they may be reproduced and ensure that any third party to whom you grant access to the Deliverables does the same, we will provide you with our social media handles and tags for use.

We retain ownership of all Intellectual Property Rights in the Retained IP outlined in the Proposal, and grant you a limited licence to use it for the Agreed Purpose on full payment of the Fees.

You agree not to modify the Designs or the Final Product in any way, for any reason, without our prior consent or as otherwise agreed in the Proposal.

You agree not to sublicence, publish, sell or otherwise provide the Designs or the Final Product  to third parties except as agreed in the Proposal.

Any trade marks on any products are the intellectual property of the respective owners.

 

CONFIDENTIALITY

Each party agrees that, unless it has the prior written consent of the other party, it will:

  1. keep the Confidential Information of the other party confidential at all times; and
  2. ensure that any personnel, advisors, agents, employees or contractors to whom Confidential Information is disclosed, is aware of and complies with this clause; however, these Obligations of confidentiality do not apply to any disclosure that:
    1. is for the purpose of performing the Services in accordance with these Terms or exercising a party’s right under these Terms;
    2. is required by Applicable Law; or
  3. relates to Confidential Information which is publicly available through no fault of the receiving party or its personnel, or was rightfully received from a Third Party without restriction and without breach of any obligation of confidence.
  4. inform the other party of a proposed disclosure, when there is prior consent, within a reasonable time; and
  5. notify the other party of the form of disclosure.

Any Confidential Information supplied to us by you that incorporates personal information will be dealt with in accordance with our Privacy Policy, which is available on our Site.

 

ELECTRONIC SIGNATURES

You acknowledge and agree that when you click on or tick “I agree”, “I consent”, or other similarly worded click or tick options by electronic means, your agreement will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

 

INFORMATION AND ADVICE

You acknowledge that the advice we provide is limited to information surrounding our services. It is your responsibility to ensure that any samples approved are appropriate for your industry, and that you take into account the duties to be performed while the garments are being worn, general work conditions and climate considerations.

 

PRODUCT WARRANTY

All products are subject to the manufacturer’s warranty. Any terms relating to such warranty are subject to the individual manufacturer.

Where we are the reseller of any products on behalf of a manufacturer, we will take responsibility for the product.

Please ensure you comply with our Refund and Returns Policy in the event of a problem with any product purchased. We will assess the product to determine if the fault can be repaired under warranty. If the fault is caused by you, return costs will apply.

 

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable laws, in no event are we responsible for any losses or expenses, however arising, including, without limitation, any direct, indirect and/or present, unascertained, future or contingent loss of use, loss of data, loss caused by a virus, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or other losses of any kind or character arising from or in connection with your engagement of our Services or due to a breach of your obligations under these Terms. Our liability for any breach of a condition or warranty under these Terms shall be limited to the extent provided for by the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010).

 

OUR RIGHT TO BE INDEMNIFIED BY YOU

To the fullest extent permitted by applicable laws, you agree to indemnify, and hold us and our related entities, affiliates, and our and their respective officers, agents and employees harmless from any loss, liability, claim, or demand, (including reasonable legal fees on a full indemnity basis), made by any third party due to or arising out of your engagement of our Services in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set out in these Terms or your breach of any law or the rights of a third party.

 

BREACH AND TERMINATION

This agreement may be terminated where you breach any provision of these Terms, or at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be permitted to place orders with us.

This agreement may also be terminated due to a Force Majeure Event, under which circumstance we will not be held in breach of the agreement for any failure to perform the Services.

Please treat our staff with respect at all times.  Where abusive or bullying behaviour persists after raising the matter with you, we reserve the right in our sole discretion to terminate our contract with you and cease providing services immediately.  Any payments due for services already rendered must be paid immediately.  The limitation of liability and indemnity provisions will apply to such termination.

 

SEVERABILITY

If any term or provision of these Terms is held by a court of competent jurisdiction to be contrary to law, said provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms will remain in full force and effect.

 

ASSIGNMENT

We are permitted to assign or otherwise transfer our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign or otherwise transfer your rights and/or

obligations under these Terms.

 

ENTIRE AGREEMENT

These Terms (together with our Website Terms and Conditions and Privacy Policy) constitute the entire understanding and agreement between us and you in relation to the Services we are providing to you and supersede all previous communications, negotiations, and agreements, whether oral or written.

 

GOVERNING LAW AND JURISDICTION

All Terms shall be construed in accordance with and governed in all respects by the laws of the State of Victoria, Australia. In relation to any dispute, we ask that you contact us in the first instance so that both parties can, acting in good faith, resolve the dispute to our mutual satisfaction as efficiently and cost-effectively as possible. Where a dispute cannot be resolved, you agree to submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

 

INTERPRETATION

In these Terms, clause and other headings are for ease of reference and do not affect the interpretation of these Terms and:

  1. words in the singular include the plural and vice versa;
  2. a reference to a party to these Terms includes the party’s permitted assigns; and
  3. a reference to “including” and similar words do not imply any limit.

 

DEFINITIONS

In these Terms, the following terms have the stated meaning unless a contrary intention appears:

Acceptance means the acceptance criteria set out in the Proposal.
Agreed Purpose means the purpose set out in the Proposal.
Applicable Law means any applicable statute, regulation, by-law, ordinance, policy or subordinate legislation in force from time to time in Australia, whether made by a State, Territory, the Commonwealth or local government that may apply to the Services or the party’s Obligations under the Agreement.
Booking Fee means the amount set out in the Proposal.
Business Day means a day other than a Saturday, Sunday or public holiday in the city of our address in the Proposal.
Business Hours means 9am to 5pm on any Business Day.
Client Information means all materials and information provided by you to us for use in the performance of the Services and/or incorporation into the Styles including those specified in the Proposal.
Commencement Date means the date on which Proposal is executed by you and us.
Commercially Acceptable Limits means a limit of +/- 2 centimetres for the Products.

 

Confidential Information means information of a confidential nature including information about a party’s business, operations, strategy, administration, technology, affairs, clients, customers, employees, contractors or suppliers and includes the terms of the Agreement but does not include any information in the public domain other than through a breach of confidence.
Designs means all designs developed by Us as part of the Services, including as incorporated into the Final Product.
Email Address means our email address as set out in the Proposal or your email address as set out in the Proposal.
employees means, in respect of a party, any of its employees, consultants, suppliers, subcontractors, agents or advisors.
Feedback Dates means the dates set out in the Proposal.
Fees means the fees set out in the Proposal.
Final Product means the culmination of the Services and the Designs as delivered to You.
Force Majeure means illness, injury, emergency, pandemic, epidemic, war, act of God, sudden event or other circumstance beyond our control.
GST means goods and services tax chargeable under A New Tax System (Goods & Services Tax) Act 1999 Cth.
Interest Rate means the annual interest rate set out in the Proposal.
Intellectual Property Rights means all current and future registered and unregistered rights in respect of patents, copyright, designs, circuit layouts, trade marks, trade secrets, know-how, Confidential information, inventions (including patents), domain names, discoveries, data, databases, business strategies, digital products, templates, and all other rights resulting from intellectual activity whether created before or after the Commencement Date and whether in Australia or otherwise, which is connected with the product or services of the Service Provider or is invented, created, produced and/or conceived by the Service Provider (independently or jointly with a third party) in the course of their engagement under this Agreement.
Key Dates means the dates set out in the Proposal.
Moral Rights means the moral rights granted under the Copyright Act 1968 (Cth) including the right of attribution of authorship, the right not to have authorship falsely attributed and the right of integrity of authorship and any similar rights existing under foreign laws.
Our Assigned IP means the Intellectual Property Rights in respect of the items listed in the Proposal.
Our Obligations means our Obligations under the Agreement.
Our Retained IP means the Intellectual Property Rights that we retain ownership in and as set out in the Proposal.
Payment Dates means the dates set out in the Proposal.
Process means the process as outlined in the Proposal.
Proposal means the Proposal and any Subsequent Proposal
Restart Fee means the additional fees set out in the Proposal.
Sample Product means the sample of the product created based on the Style, which may be made in a substitute material or colour.
Services means the services set out in the Proposal.
Styling Concepts means all Styling Concepts developed by Us as part of the Services.
Subsequent Proposal means each and any “Proposal” entitled document signed by You and Us after Proposal in relation to the Services.
Terms means these General Terms and Conditions.
Tax Invoice has the meaning as set out in A New Tax System (Goods & Services Tax) Act 1999 Cth.
Third Party Materials means all materials, including any documents, designs, photography and information of a Third Party.
You means the party set out in the Proposal .
Your Obligations means your Obligations under the Agreement.
We/Us/Our means the party set out in the Proposal .