Terms & Conditions of Sale — Custom Merchandise

These Terms and Conditions apply to all purchase orders placed with Custom Merchandise Pty Ltd (“Seller”) by the Customer for the supply of custom-branded goods and related services (“Goods”), whether now or in the future. By placing an order, the Customer agrees to be bound by the following terms and conditions. These may be updated periodically on our website.

1. Orders

All purchase orders must be submitted in writing via email.
For branded items, the Customer must provide print-ready artwork (refer to our Artwork Requirements page).
The Customer bears full responsibility for approving the final artwork proof, including all content, colours, and product specifications.

2. Artwork & Branding Disclaimer

Product availability is subject to change. Some advertised products may become out of stock, unavailable, or discontinued.
While we aim to match PMS colours accurately, outcomes may vary depending on print method, material, and surface finish.
The Seller reserves the right to deliver up to ±5% variance in quantity, with invoicing adjusted accordingly.
Rush orders may incur surcharges for print and freight services.
By supplying artwork and files, the Customer authorises the Seller to use them for the production of promotional goods.

3. Payment Terms

Full payment is required before production, unless alternative credit arrangements have been confirmed in writing by the Seller.
Title to all Goods remains with the Seller until payment has been received in full.
The Seller reserves the right to charge late fees on overdue invoices and refer debts to a collection agency, with all collection and legal costs payable by the Customer.
Credit card payments (Visa, Mastercard, Amex) incur a non-refundable 1.9% surcharge.
Bank transfers are accepted as a surcharge-free payment method.

4. Freight & Delivery

All orders are subject to freight and/or handling charges, payable by the Customer.
Express delivery is available on request and may attract additional fees.

5. Cancellations & Amendments

Orders cannot be cancelled except under terms agreed with the Seller that compensate for all work completed and costs incurred to date.
Indent (imported) orders cancelled after 48 hours from order placement may be subject to cancellation fees.
Order amendments are subject to the Seller’s discretion and may incur additional costs.

6. Returns & Claims

Goods may be returned only if deemed defective.
Customers must inspect the delivered Goods within 7 days. All claims must be submitted in writing within that time. If not, the claim will not be accepted.
Approved returns must be shipped back at the customer’s expense, in their original or near-original condition.
The Seller will assess returned Goods to determine if a refund, replacement, or equivalent product is appropriate.

7. Liability & Consumer Rights

Custom Merchandise shall not be liable for damage and defects caused by the following:

Improper storage, handling, and use of the product by the customer.
Continued use of goods after a defect has become known or should reasonably have been noticed
Failure to follow the care instructions or usage guidelines provided
Accidental damage, misuse, or unforeseen events such as natural disasters (e.g. fire, flooding, storms)
- We are committed to supporting our customers, and where issues do arise within our scope of responsibility, we’ll always work with you to find a fair resolution in line with Australian Consumer Law.
To the extent permitted by law:
- The Seller limits liability under the Australian Consumer Law (ACL) to the replacement or re-supply of equivalent Goods or a refund.
- All non-statutory warranties or conditions are expressly excluded unless they cannot be excluded by law.
- The Seller is not liable for any indirect or consequential loss, including loss of revenue, data, or reputation.
- Delays in delivery caused by third-party carriers, natural disasters, or machinery failure are not grounds for liability.

Need Our Assistance?

If you have any questions about the terms and conditions stated here, our team is available to assist you. Please don’t hesitate to contact us. We’re committed to making your custom merchandise experience smooth, transparent, and fully supported every step of the way.