TERMS AND CONDITIONS – EXCITE MERCH PTY LTD

This website is owned and operated by Excite Merch Pty Ltd (“Excite Merch”, “we”, “us”, “our”). Excite Merch provides access to this website and any related information, products, tools and services subject to the terms set out below.

By visiting our website and/or by purchasing goods from Excite Merch, you acknowledge that you are engaging in our “service” and agree to be legally bound by these Terms and conditions, together with any additional terms, policies, or notices displayed on this website or incorporated by reference. These Terms apply to all users of the website, including visitors, customers, suppliers, merchants, and contributors of content.

Please carefully review these Terms of Service before accessing our website or any Services. If you do not agree with any part of these Terms and conditions, you may choose not to access the website or use the Services. Where these Terms of Service constitute an offer, acceptance is expressly limited to the terms stated herein.

Excite Merch may introduce new functionality, features, products, or tools from time to time. Any such additions will form part of the Services and will be governed by these Terms of Service unless otherwise stated. The current version of the Terms of Service will always be available on this page, and it is your responsibility to review them periodically.

We reserve the right to amend, modify, or replace these Terms of Service at any time by publishing updated terms on this website. Changes take effect from the date they are published. Continued access to or use of the website or Services after any changes are posted constitutes your acceptance of the revised Terms.

“Contract” means these terms and conditions together with any quotation, order, invoice or other document forming part of the agreement.

“Seller” means Excite Merch Pty Ltd, its successors and assigns or any person acting on behalf of and with the authority of Excite Merch Pty Ltd.

“Customer” means the person or entity requesting Goods or Services on behalf of and with the authority of the customer and includes executors, administrators, successors and permitted assigns and: if there is more than one Customer, is a reference to each Customer jointly and severally; and if the Customer is a partnership, it shall bind each partner jointly and severally; and if the Customer is a part of a Trust, shall be bound in their capacity as a trustee; and includes the Customer’s executors, administrators, successors and permitted assigns.

“Goods” includes all goods and services supplied by the Seller.

“confidential Information” means information of a confidential nature whether oral, written or in electronic form. This includes, but is not limited to, this Contract, Customer information (including personal information such as: name, address, D.O.B, Occupation, driver’s license details, electronic contact, email), either party’s intellectual property, operational information and financial and commercial affairs.

“Cookies” small files stored on user’s computer, designed to hold data specific to the customer and website, and can be accessed either by the web server or the customer’s computer. If the Customer does not wish to allow Cookies to operate in the background when using the website, then they have the right to enable/disable Cookies.

“Price” means the amount payable (plus any GST where applicable) for the Goods as agreed between the Seller and the Customer.

“GST” means Good and Services Tax as defined within the “A New Tax System (Goods and Services Tax) Act 1999” (Cth).

The Customer is deemed to have accepted and is bound by these Terms and Conditions upon placing an order or by accepting delivery of the Goods. These Terms prevail in the event of any other prior inconsistent document. Any amendment to the terms and conditions contained in this Contract can only be done so in writing and with the consent of both parties.

Supply of Goods on credit shall not take effect until the Customer has completed a credit application with the seller and has been approved with a credit limit established for the account.

Payment terms are Pro Forma unless specifically advised and payment terms / credit application are approved at the discretion of Excite Merch Pty Ltd. Pro Forma invoices require payment in full and production of order will not begin until such payment has been receipted. Delay in payment can cause delay in the lead time of your order and Excite Merch cannot be held responsible for failure to fulfil a delivery date as a result of late payment. Evidence of payment prior to money being received by Excite Merch may be sufficient to begin production, however this will be decided on a case by case basis and is fully within the discretion of the Seller.

Electronic signatures shall be deemed to be accepted by either party providing that the parties have complied with Section 14 of the Electronic Transactions Act 2001 or any other applicable provisions of the Act or any Regulations referred to in the Act.

The Seller shall accept no liability for clerical or administrative errors that are not the result of negligence or wilful misconduct. Such errors do not invalidate the Contract.

The Customer must provide fourteen (14) days’ written notice of any change in ownership, trustees, or business structure. The Customer remains liable for losses arising from non-compliance.

The Customer acknowledges and agrees that the Seller does not guarantee the websites performance or availability of any of its goods; and that the Seller, to the maximum extent permitted by law, is not liable for interruptions, delays, or data transmission errors resulting in losses which the Customer suffers as a result of being unable to order online.

Prices are as stated in quotations or invoices. Payment terms are strictly enforced. Deposits may be required and are non-refundable unless otherwise stated. The Seller may charge interest on overdue amounts.

The price will be valid for the period stated in the Quotation or otherwise for a period of thirty (30) days from receiving.

The Seller reserves the right to change the Price if variations are requested.

The Price will be payable by the Customer on the date/s determined by the Seller, which may be specified on the invoice or in email communication. When special terms and credit application are agreed upon, payment will be on Delivery of the Goods.

Payment may be made by electronic/on-line banking, credit card (a surcharge may apply per transaction), or by any other method as agreed to between the Customer and the Seller.

The Seller may in its discretion allocate any payment received from the Customer towards any invoice that the Seller determines and may do so at the time of receipt or at any time afterwards. On any default by the Customer the Seller may re-allocate any payments previously received and allocated. In the absence of any payment allocation by the Seller, payment will be deemed to be allocated in such manner as preserves the maximum value of the Seller’s Purchase Money Security Interest (as defined in the PPSA) in the Goods.

The Customer shall not be entitled to set off against, or deduct from the Price, any sums owed or claimed to be owed to the Customer by the Seller nor to withhold payment of any invoice because part of that invoice is in dispute.

Unless otherwise stated the Price does not include GST. In addition to the Price, the Customer must pay to the Seller an amount equal to any GST the Seller must pay for any supply by the Seller under this or any other agreement for the sale of the Goods. The Customer must pay GST, without deduction or set off of any other amounts, at the same time and on the same basis as the Customer pays the Price. In addition, the Customer must pay any other taxes and duties that may be applicable in addition to the Price except where they are expressly included in the Price.

Delivery occurs when Goods are delivered to the Customer or collected by the Customer or its carrier. This includes delivery wherein the courier delivers to the nominated address when the Customer is not present (Authority To Leave). Delivery times are estimates only.

At the Seller’s sole discretion, the cost of Delivery is either included in the product Price or advised in addition to the cost of Goods.

Delivery timeframes and tracking dates are provided as estimates only and are at the mercy of the courier and any unforeseen delays in transit.

The Customer must take delivery of goods whenever they are tendered to arrive. The Seller will not be liable for any loss or damage incurred by the Customer as a result of Delivery being late. In the event the Customer is unable to take Delivery of the Goods as arranged, then the Seller is entitled to charge reasonable fees involved in re-delivery and/or storage.

Goods may arrive in separate deliveries and will be advised with tracking details.

Discrepancy of quantity of Goods received shall not exceed five percent (5%) and in such case the price may be adjusted pro rata to this discrepancy.

Risk passes to the Customer upon delivery. The Customer must insure the Goods from that time.

All goods, delivered or not, remain our property until payment is received in full. Until such time as payment in full is made, you shall retain such goods separately from other goods and clearly mark them in such a way that they can be readily identified as being our property and any payment received by you for any sale of such goods must be held in a separate account in trust for us. In the event of non-payment by you for such goods we will, without loss of any rights or remedy, remove from your possession those goods belonging to us in accordance with these terms and conditions.

If the Customer requests the Seller to leave Goods to an unattended location, or has not otherwise specified, the Goods are left unattended as part of the standard third-party courier delivery process; the Goods shall be left at the Customer’s sole risk.

The Seller shall be under no liability to the Customer for any variation (beyond our reasonable control) in colours between approved samples and the finished Goods.

Unless otherwise agreed, the Customer will bear the costs of any pre-production samples, fonts, artworks specifically purchased at their request for the work.

The Seller shall be under no liability to the Customer for any variation (beyond reasonable control of the Seller) in colours and sizing between approved artwork and finished Goods.

Whilst every care is taken by the Seller to follow the instructions set out by the Customer, it is the Customer’s responsibility to ensure final proof reading of the Goods and artwork. The Seller assumes no liability for any errors not corrected by the Customer in the proofing and approval stage.

The Seller is under no obligation to provide physical samples of Goods prior to order. Variations in virtual colours and physical colours may occur, due to how these are viewed on a digital medium. The Seller assumes no responsibility for such variations in final Goods. Any Physical samples requested will be charged to the Customer including freight costs. This charge can be contra against the final invoice if the order proceeds.

Every effort will be made to match the Customer’s print colours (PMS and CMYK), however the Seller reserves the right to judge any claim of defectiveness based on industry standards.

The Seller will not be liable for any general wear and tear in products resulting in ink or print degrading.

Title does not pass until all amounts owing are paid in full. Until then, the Customer holds the Goods as bailee and must not dispose of them outside the ordinary course of business.

These Terms create a security interest under the PPSA. The Customer consents to registration and waives certain notice rights to the extent permitted by law.

The Customer charges all present and future property as security for payment and performance of obligations.

The Customer must inspect Goods within seven (7) days of delivery. Custom printed or made-to-order Goods are non-returnable except as required under the Competition and Consumer Act 2010 (Cth). The Customer must notify the Seller in Writing of any evident defect/damage, shortage or quantity or failure to comply with the agreed description of Goods within 7 days of receiving Goods. The Customer must allow the Seller to inspect Goods.

If the Seller is required to replace the Goods but is unable to do so, the Seller may refund any money the Customer has paid for the Goods.

Returns will only be accepted provided the Customer has complied with the above terms and the Seller has agreed that the Goods are defective. The Goods must then be returned within a reasonable time at the Customer’s cost and in the condition in which they were delivered.

The Seller shall not be liable for any damage which may be caused or arise as a result of the Customer failing to properly maintain or store any Goods; the Customer using the Goods for any purpose other than that for which they were designed; the Customer failing to follow any guidelines or instructions provided by the Seller.

All intellectual property created by the Seller remains the Seller’s property unless otherwise agreed. This includes any art design or developed Goods for the Customer. These may not be used without the express consent of the Seller.

The Customer warrants that all designs, specifications or instructions given to the Seller will not result in an infringement to any patent, registered design or trademark. The Customer agrees to indemnity if any action is taken by a third party against the Seller in respect to any infringement.

If the Customer defaults, the Seller may suspend supply, recover costs, and demand immediate payment of all outstanding amounts.

If the Customer has made payment to the Seller and the transaction is subsequently reversed, the Customer shall be liable for the amount of the reversed transaction, in addition to any further costs incurred by the Seller where it has been found to be illegal, fraudulent or in contravention to the Customer’s obligations under this Contract.

The Seller is entitled to cancel all or any part of an order which remains unfulfilled in the instance that any money payable to the Seller becomes overdue, or is unable to be paid by the Customer; the Customer becomes insolvent, a receiver or liquidator (provisional or otherwise) is appointed in respect of the Customer or any asset of the Customer.

The Seller reserves the right without prejudice to cancel if the Customer is found in breach of any obligation (including payment terms) and may suspend or terminate the supply of Goods to the Customer. The Seller will not be liable for any loss or damage the Customer suffers due to failure to comply with our terms and conditions. On formal termination of contract via written advice, the Seller will repay any money paid by the Customer for the Goods, excluding any money lost as a result of production or freight costs.

Orders for custom or non-catalogue Goods cannot be cancelled once production has commenced.

All emails, documents, images and any other recorded information collected, held or used by the Seller constitute Personal Information and are treated as Confidential Information. The Seller acknowledges and agrees that it is bound by the obligations relating to the collection, handling, storage, use, disclosure and processing of Personal Information under the Privacy Act 1988 (Cth) (“the Act”), including Part IIIC of the Act as amended by the Privacy Amendment (Notifiable Data Breaches) Act 2017 (NDB), together with any other applicable statutory requirements. Where relevant to activities within the European Economic Area (“EEA”), the Seller also acknowledges compliance obligations under applicable EU Data Privacy Laws, including the General Data Protection Regulation (“GDPR”) (collectively referred to as “EU Data Privacy Laws”).

In the event the Seller becomes aware of any data breach and/or unauthorised disclosure of the Buyer’s Personal Information held by the Seller that is likely to result in serious harm to the Customer, the Seller will notify the Customer in accordance with the requirements of the Act and/or the GDPR, as applicable. Any disclosure or release of Personal Information must strictly comply with the Act and, where applicable, the GDPR, and must not occur without the Customer’s prior written consent unless required by law.

The Seller’s privacy obligations extend to the use of Cookies and similar technologies where purchases or orders are made directly through the Seller’s website. The Seller agrees to provide notice of the use of Cookies and/or similar tracking technologies, including but not limited to pixels and web beacons (where applicable). These technologies may collect Personal Information such as the Customer’s IP address, browser details, email address, customer classification, and other comparable information, as well as track website usage and traffic analytics. The Seller may also receive reporting information when emails are sent to the Customer, enabling the Seller to collect and review such data (collectively referred to as “Personal Information”).

The Customer has the right, by written request via email, to obtain a copy of the Personal Information held by the Seller relating to the Customer; request correction of any inaccurate or incomplete Personal Information; and request that the Seller refrain from using or disclosing the Customer’s Personal Information for direct marketing purposes.

Upon written request by the Customer, the Seller will destroy or permanently de-identify Personal Information unless retention is required to fulfil the obligations of this Contract or is otherwise required to be maintained or stored in accordance with applicable law.

The Customer may lodge a privacy complaint by contacting the Seller via email. The Seller will acknowledge receipt of the complaint within seven (7) days and will take all reasonable steps to investigate and determine the complaint within thirty (30) days of receipt. If the Customer is not satisfied with the outcome, the Customer may refer the complaint to the Office of the Australian Information Commissioner at www.oaic.gov.au.

Notices may be served personally, by post, or electronically and are deemed received in accordance with these Terms.

Where the Customer acts as trustee, obligations extend to trust assets and rights of indemnity.

These Terms are governed by the laws of the State in which the Seller has its principal place of business. Neither party is liable for force majeure events.

Both parties warrant that they have obtained all necessary authorization to enter into this Contract, they are not insolvent and that this Contract creates binding and valid legal obligations to them.