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:
- Create, design, customize products that are listed for sale.
- Buy products that are listed for sale.
- Save and share designs that you may have created.
- Use our fun picture and design tools.
- Save created images and designs into public and personal galleries.
- Post your created images to social networks or bloggs that you have the legal right to do so.
- Registering to subscribe to special offers and use of galleries.
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;
- Your name
- Order number
- Date of purchase
- What garment/s you would like to return
- A short description of the manufacturing and/or print error
- Photograph of garment
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
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.
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:
- Cold gentle cycle
- Wash inside out
- Do not tumble dry
- Dry in shade, not in direct sunlight
- If you must iron, iron inside out
- No harsh chemicals
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:
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.
Children under the age of 13 may view the Website but may not order products or services.
2.2 Definitions and Interpretation
- Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
- A person means any form of legal entity as well as any quasi-legal entity.
- A User means any person using the website and/or services provided by Piki Print
- A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
- The word includes in any form is not a word of limitation.
3 User's Obligations
Users are and shall be wholly and exclusively responsible, at their own cost, for:
- all telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;
- the use that it makes of the Website , including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
- complying with all laws, regulations and rules in the uses country or jurisdiction;
- complying with any recommendations or guidelines issued by Create Apparel with respect to the use of the Website and/or services and
3.2 Restrictions on Users
Users shall not and has no right to either:
- reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
- use either the Website to supply any service to any person; or
- modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
- access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
- infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
- is libellous, defamatory or slanderous,
- condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
- contains explicit sexual content,
- does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
- is designed to or does harass, threaten, defame or abuse others,
- exploits images or the likeness of minors,
- encourages the use of drugs or the under-age use of alcohol or cigarettes, or
- is generally offensive or in bad taste;
- use "Spam", "blast-faxes" or recorded telephone messages to market or sell any products or services,
- use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental affect on the Website and/or the PIKIWAREÂ® Platform,
- take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
- use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
- collect electronic mail addresses or other information from our Website,
- impersonate another person or entity,
- engage in any activity that interferes with any persons ability to use or access the Website and/or services, or
- frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else's website, without specific agreement.
4. Create Apparel Obligations
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
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.
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.
7.1 Users warranties
User represents and warrants to Create Apparel that, in its use of the Website and the Services provided, it:
- will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
- will comply with all applicable laws, rules, and regulations.
- User further represents and warrants to Create Apparel that:
- there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
- Create Apparel will not be required to make any payments or compensation to any person in connection with its use of such content; and
- such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.
7.2 Create Apparels warranties
- be uninterrupted or free of errors and inaccuracies;
- meet users requirements; or
- operate in the configuration or with the hardware or software used by user.
- User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the Website and/or services provided.
- Create Apparel does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which Create Apparel is not liable.
- Create Apparel does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.
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
8. Exclusion and Limitation of Liability
8.1 Subject to law
(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
(a) malfunctions, failures, defects, acts or omissions or any other default or liability caused directly or indirectly by:
- any third party;
- actions of user that were not expressly authorised by Create Apparel;
- accident, misuse or abuse by anyone other than Create Apparel;
- alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than Create Apparel;
- products (including any hardware or software) or services not licensed or supplied by Create Apparel;
- power surge or failure,
- events of force majeure or events outside Create Apparels actual control; or
- any other condition not arising under normal operating conditions;
(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.
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
9.2 Effect of termination
(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.