Terms of service: an agreement between you and Create Apparel to enter and use this website and services.
Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.
It is your obligation to keep your self informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.
1 Create Apparel Services:
1.1 Create Apparel Refund Policy:
We are proud of the level of quality we produce and work hard to provide consistent quality prints for our customers. If you are unhappy with the product you receive, please read the information below and follow the instructions provided to return your purchase.
What can be returned:
Only items that are faulty, damaged or have a faulty print may be returned/exchanged.
Returns are only accepted if within 14 days of receipt of purchase.
All returns must be in their original condition and packaging. Additionally, if there is any noticeable wear, the item(s) simply cannot be returned.
We do not refund BYO or supplied garments, supplying garments to Create Apparel is done at your own risk.
All returns must also comply with our user agreement.
What cannot be returned:
We do not refund or exchange for change of mind, errors in approved proofs, errors from non 'print ready' artwork, shipping or supplier stock delays or if the customer chooses the wrong garment size.
Please note sizing measurements online are within +/- 2.5cm, anything outside of this allowance is considered faulty.
Print dimensions and print placement measurements are within +/- 2 - 3 cm and anything outside this allowance can be considered faulty.
Proof approaval is important and paying for an order is considered approval of the supplied proof.
It is the client's responsibility to ensure that the artwork, quantity and shipping address is correct before payment is made.
We do not accept returns for errors made by any of our couriers when we have dispatched to the address supplied by the client.
Shipping charges for products returned:
All shipping charges for returning products to us must be paid by the returnee.
Please note we do not reimburse shipping charges. If you request a refund, the purchase price (excluding delivery charges) will be refunded to you using the original payment method.
To Return Your Item:
Email Customer Support requesting an RMA (Return Merchandise Authorization) number and provide the following information;
Once we receive your email, our team will review your RMA request and contact you to discuss what your options are. Please note, all garment/s must be returned to Create Apparel in order to receive a replacement or refund.
1.2 Delivery Timeframes:
Create Apparel takes pride in fulfilling our processing and printing timeframes on time and often ahead of schedule. Unfortunntely some circumstances are out of our control. and in the unlikely event there is a delay due to the courier or Australia Post, we cannot take responsibility.
If you order a rush order and your location is rural, international or not covered by the Australia Post National Express Post Network then we cannot take responsibility for shipping timeframes.
We recommend that you call to check that your stock is available prior to placing your order to avoid delays. In the event of a delay due to stock, Create Apparel will still produce your order as quickly as possible. Please note that any delay due to stock or shipping does not warrant a refund, as we still process, print and ship your order in an expedited time frame.
1.3 Shipping Policies:
We provide three (3) types of delivery services wherein the customer can choose to have their order dispatched from us via standard shipping, courier service or click and collect.
Standard Shipping timeframe is 5 - 9 business days from dispatch of your order.
Courier Service timeframe is 1 - 4 business days from dispatch of your order.
Click and Collect, upon completion of your order, an email notification will be sent advising your order is ready for collection. Click and Collect pick up times:
Monday to Thursday, 8:30 am - 4:30 pm
Fridays, 8:30 am - 4:00 pm
Weekends, closed
We are not held responsible for any technical problems or freight carrier delays on delivery of goods.
We provide tracking numbers on all purchases; upon completion of your order, an email will be sent with tracking details.
Once shipped we are not liable for any loss or damage of goods in transit from any transportation service such as Australia Post, Couriers Please, Fastway (Aramex), Mail Plus (Toll Express), or TNT.
In the unlikely event your order has not been delivered within the above timeframes, please contact the freight carrier immediately and lodge an enquiry via their website. If you advise Create Apparel, we can also lodge an enquiry with the freight carrier. Please note, freight carriers will need to investigate the delay in delivery and Create Apparel is not responsible for the length of time the freight carrier takes to carry out their investigation.
Only if /when the freight carrier deems that your order is 'lost', can Create Apparel reprint your order.
Most freight carriers only maintain records for a period of 30 days; after 30 days from the date the goods were picked up from Create Apparel, they do not accept responsibility for the loss.
1.3 Stock Availability:
Create Apparel offers a vast range of garments to give our customers as much choice as possible. Unfortunately on occasion our suppliers do run out of stock. Should an item/s in your order be out of stock, Create Apparel will contact you via email and provide options on how to proceed with your order.
1.4 Washing Instructions:
Garments will not shrink if the correct washing guidelines on the tshrt label are followed.
The longevity of your garments and prints is largely up to you; to ensure you get as much wear out of them as possible, please follow the above instructions carefully.
2 Using our Create Apparel Services and Website:
In consideration of the promises and obligations given and assumed herein, and intending to be legally bound, these Terms of Use provide as follows.
2.1 Eligibility Children Under 18.
Create Apparel will only knowingly provide products or services to persons who can lawfully enter into and form contracts under applicable law.
If you are under the age of 18, but at least 13 years of age, you may order products or services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.
Children under the age of 13 may view the Website but may not order products or services.
2.2 Definitions and Interpretation
In these Terms of Use, unless the context indicates a contrary intention:
3 User's Obligations
3.1 Responsibilities
Users are and shall be wholly and exclusively responsible, at their own cost, for:
3.2 Restrictions on Users
Users shall not and has no right to either:
USER ACKNOWLEDGES AND AGREES THAT Create Apparel MAY IN ITS SOLE AND UNFETTERED DISCRETION, UNILATERALLY AND WITHOUT NOTICE, TERMINATE THESE TERMS OF USE, DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE AND THE SERVICES, AND TAKE LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS PROHIBITED BY THESE TERMS OF USE AND/OR BY ANY RELEVANT LAW, REGULATION OR RULE.
4. Create Apparel Obligations
4.1 Access to and use of the Website and Services Subject to user complying with and discharging each of its obligations under these Terms of Use, Create Apparel shall allow user to access and use the Website and the services .
4.2 Privacy: Create Apparel may collect personal data concerning the user in the course of and incidental to users use of the Website and services. Create Apparel shall comply with, and user hereby consents irrevocably and unconditionally to Create Apparels collection, use and disclosure of such data in accordance with, its Privacy Policy (the terms of which may be accessed through the link on the Website).
4.3 Training
User acknowledges that Create Apparel has no obligation to user to provide any training or other support in relation to the use or operation of the Website and/or services.
4.4 Modification of the Website.
Create Apparel reserves the right to modify the organization, structure, content or "look and feel" of the Website and/or the services, and may change, suspend, or discontinue any aspect of the Website and/or the service at any time without notice or any liability to user or any person. Create Apparel shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.
5. Intellectual Property Rights
5.1 Reservation of title
User acknowledges that these Terms of Use do not convey and that it derives no right, title or interest in or to any Intellectual Property Rights that vest or subsist in or relate to the Website and/or the services provided other than pursuant to the express authorisation set out in clause 4.1. Create Apparel grants user a limited revocable licence to access and use the Website and the service for its intended purposes, subject to users compliance with these Terms of Use. This licence does not include the right to collect or use information contained on the Website for purposes prohibited by Create Apparel; to compete with Piki Print; to create derivative works based on the layout or design, look-and-feel, or structure of the Website; or download or copy the Website (other than page caching). If user uses the Website in a manner that exceeds the scope of this licence or if it breaches these Terms of Use, Create Apparel may revoke the licence and deny access to and use of the Website.
5.2 Prohibition on infringement
User acknowledges and agrees that Create Apparel does not permit, authorise or condone and hereby expressly prohibits user from accessing or using the Website and/or the services in a manner that infringes, or is likely to infringe, the Intellectual Property Rights, or any other rights or privileges, of any person anywhere in the world.
5.3 Derivative material
Subject to clause 5.2, user shall own any Intellectual Property Rights in any original material that it authors, designs or creates using the functionality provided by the Website. If the user chooses to add any item to a public gallery, In consideration of the authorisation granted under clause 4.1, User hereby grants to Create Apparel an irrevocable, perpetual, non-exclusive, world-wide licence to do all acts and things (including to authorise other persons to do all acts and things) comprised within the said Intellectual Property Rights.
6. Registration
User Account, Password, and Security You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Create Apparel of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Create Apparel cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7. Warranties
7.1 Users warranties
User represents and warrants to Create Apparel that, in its use of the Website and the Services provided, it:
7.2 Create Apparels warranties
Create Apparel represents and warrants that it has the right to grant access to and license the use of the Website and services to user subject to and in accordance with these Terms of Use.
7.3 Caveats
7.4 Exclusion of implied warranties
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY Create Apparel, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.
7.5 No representation or reliance
(a) User acknowledges that neither Create Apparel nor any person acting on Piki Prints behalf has made any representation or other inducement to user to enter into these Terms of Use, except for representations or inducements expressly set out in these Terms of Use.
(b) User acknowledges and confirms that it does not enter into these Terms of Use in reliance on any representation or other inducement by or on behalf of Create Apparel, except for representations or inducements expressly set out in these Terms of Use.
8. Exclusion and Limitation of Liability
8.1 Subject to law
Nothing contained in these Terms of Use excludes, restricts, limits or modifies any:
(a) implied condition, warranty or other term of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(b) liability in respect of a breach of these Terms of Use where pursuant to applicable law to do so is unlawful or void; or
(c) liability for fraud or deceit; or
(d) liability for death or personal injury caused by the negligence of either party.
8.2 Exclusion of liability
Subject only to Clause 8.1, in no event shall Create Apparel be liable to user or to any person under or in connection with these Terms of Use or in respect of the use of (or failure or performance of) the Website and/or the services provided for:
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:
(b) any loss, cost, damage or expense of any nature arising or caused directly or indirectly by any breach of users obligations or responsibilities set out in these Terms of Use;
(c) any loss of profit, business interruption, loss of or damage to goodwill, and/or any expectation benefit;
(d) Subscribers liability to any person; or
(e) incidental, indirect, consequential, special, exemplary or punitive damages of any nature, whether such liability is asserted on the basis of common or civil law or in equity, including pursuant to any statute, contract, tort (including negligence or strict liability) or otherwise and notwithstanding that Create Apparel has been advised of the possibility of any particular loss or damage.
8.3 Links
Create Apparel may, in its sole and unfettered discretion, and without users consent, place links on the Website to other websites that are owned or operated by other persons. User acknowledges and agrees that Create Apparel is not responsible for the operation of or content located on any such website, and Create Apparel cannot and does not warrant that the content of such websites is accurate, complete, legal and/or inoffensive. By choosing to link to these other websites, user acknowledges and agrees that it may not make any claim against Create Apparel for any damages or losses of any kind arising from the other website and/or the link.
8.4 Limitation of liability
Subject to Clause 8.1, and except to the extent specifically excluded under Clause 8.2 or elsewhere in these Terms of Use, Create Apparel's sole liability to Subscriber for any and all breaches of any term or terms of these Terms of Use, whether express or implied, shall be limited to the substitution or replacement of any product or service that has been ordered and paid for by Subscriber using the Website.
8.5 Indemnity User shall indemnify and hereby releases unconditionally Create Apparel , without set off or adjustment, against and from any liability, loss, cost, expense or damage, including all legal fees, arising from or relating to: (a) its use of the Website and/or services and/or the media or content posted or uploaded by it, including any alleged or actual violation of any law directly or indirectly arising from such use; (b) any breach or alleged breach by it of these Terms of Use; (c) the misuse or misappropriation of the said media or content; and (d) any infringement or alleged infringement by user of any persons Intellectual Property Rights, rights of privacy or publication, or otherwise anywhere in the world.
9. Termination
9.1 Termination
(a) At any time and with or without cause, Create Apparel may immediately terminate either these Terms of Use or any or all rights and privileges granted to user hereunder, including suspending users access to and/or use of the Website and/or the Services provided by Create Apparel. In no event shall any such termination or suspension by Create Apparel relieve user of any obligation that has accrued under these Terms of Use prior to the date of such termination or suspension.
(b) user may terminate these Terms of Use at any time by ceasing to enter the website and using the services
9.2 Effect of termination
(a) On any expiry or termination of these Terms of Use, Create Apparel may delete any websites, web pages, files, graphics, media or other content or material relating to users use of the Website and/or the Services provided and Create Apparel shall have no liability to user or any person for doing so.
(b) The expiry or termination of these Terms of Use shall not prejudice or affect any cause of action, right, remedy or defence which shall have accrued or shall thereafter accrue to either party.
10. General
10.1 Severability
If a clause or any part of any clause of these Terms of Use or a right or remedy of a party under these Terms of Use, is found to be void, invalid or unenforceable by any court or tribunal having jurisdiction in respect of these Terms of Use, then:
(a) it shall be read down or severed in that jurisdiction only to the extent that it is void, invalid or unenforceable; and
(b) it does not effect the validity or enforceability of that term or clause in another jurisdiction or the remaining terms or clauses in any jurisdiction.
10.2 Variation
Create Apparel may amend unilaterally these Terms of Use in its sole and unfettered discretion at any time, and user hereby agrees to abide by and be fully bound by such amended terms. The amended terms shall be effective automatically and immediately once they are posted on the Website, and user's continued access and use of the Website and the Services on or after such effective time constitutes the user's unequivocal and unconditional acceptance of the amended terms. These Terms of Use may not be otherwise amended. If user does not agree to any amendments to these Terms of Use or to any of the current terms, its only right and remedy is to cease using the Website and the Create Apparel services.
10.3 Waiver
A waiver, consent, election or acquiescence given by a party under these Terms of Use is only effective and binding on that party if it is given or confirmed in writing by that party.
10.4 Assignment
(a) Create Apparel may at any time transfer, assign, novate or otherwise dispose of any or all of its rights or obligations under these Terms of Use on giving user no less than five (5) days notice in writing.