Welcome to etshirts.com. You must accept the following Terms and Conditions in order to proceed with any purchase.
1. Definitions
In this document, the following words have the following meaning:
"Agreement" means the Terms and Conditions and the Privacy Policy;
"Design" means any artworks, digital images or text of any kind designed, provided, selected or arranged by the supplier thereof;
"etshirts.com" means Biz E Community Pty Ltd ACN 070 648 878 trading as "etshirts.com" and also referred to as "we";
"Product" means a t-shirt, mug, apron, block mount, poster or other item on which a Design may be printed, both before and after printing of that Design;
"Order" means the order placed by you on the Website for the purchase of Products;
"Privacy Policy" means etshirts.com privacy policy found at the Website under the heading "Privacy and Security";
"Purchaser" means any person who purchases Products bearing the Design;
"Services" means the services to be provided by etshirts.com as set out in paragraph 3.1;
"Terms and Conditions" means these terms and conditions; and
"Website" means the website found at www.etshirts.com.
2. Binding Legal Agreement
We provide the Services at the Website subject to the Terms and Conditions. The Terms and Conditions form part of and should be read in conjunction with the Privacy Policy, which together form a legally binding agreement between us and you.
By using the Services, you agree, without limitation or qualification to all of the terms set out in the Agreement.
We reserve the right to change from time to time any of the terms of the Agreement by publishing a revised copy on the Website, and by using the Services you agree in advance to accept such changes. The Agreement may not be otherwise amended.
3. Services
3.1 We will, subject to paragraph 5:
(a) accept the Order for the supply of Products;
(b) print the Products ordered by you; and
(c) deliver the Products as ordered, to you at the nominated delivery address.
3.2 For each order, we indicate the anticipated delivery time but do not guarantee the delivery date and will not be held liable for any delay.
4. Your Obligations
4.1 You will:
(a) provide all necessary information about yourself or your organisation in order for us to be able to provide the Services;
(b) pay for the cost of the Products, including all handling and delivery costs; and
(c) read the instructions for washing, drying and ironing documented on-line under the heading "About our products" in order to conserve the quality of the Products you are purchasing;
5. Reservation of Rights
We reserve the right:
(a) to confirm details of your name and address by contacting you by telephone, e-mail and mail using any of the details supplied by you; and
(b) to refuse any order made by you in our absolute discretion;
6. Our Obligations
We undertake to:
(a) respect your privacy in accordance with the terms of the Privacy Policy; and
(b) keep records of all transactions such that our accounts are available if the need should arise for a period of 1 year after the date of purchase.
7. Prohibited Use
By using the Services, you agree that you will not:
(a) use the Services for a purpose that is unlawful or prohibited under this Agreement;
(b) use the Services to harm minors in any way;
(c) disrupt or interfere with the Services or servers or networks connected to the Services; or
(d) reverse engineer, decompose or disassemble the Services or any portion thereof.
You acknowledge that we have the right to immediately and without notice cancel your Order in contravention of the above and terminate the Services provided to you.
8. Limitation on Liability
You acknowledge that:
(a) we or our suppliers are not liable to you or any other person for any cost, loss or liability (including loss of profit or other consequential damage) arising out of or in connection with the provision of the Services, any information or material issued on the Website using the Services or for any other matter arising out of or in connection with the Agreement;
(b) we provide the Services on an "as is" basis and without any warranty or condition expressed or implied. To the extent permitted by law, we and our suppliers disclaim all implied warranties and conditions, including without limitation implied warranties and conditions on title, merchantability, fitness for a particular purpose and non-infringement;
(c) if the Australian Trade Practices Act 1974 applies to you, where any legislation implies any term or warranty that cannot be excluded, then that implied term or warranty will be deemed to be included. However, our liability for any breach of such implied term or warranty will be limited where so permitted to:
(i) if the breach relates to goods, the replacement of the goods; or the repair of such goods, or the payment of the costs of replacing the goods, or the payment of the costs of repairing the goods; and
(ii) if the breach relates to the Services, the supplying of those Services again or the payment of the costs of having those Services supplied again;
(d) you use the Services at your own risk;
(e) we make no guarantee of the accuracy or correctness or completeness of any information on the Website and are not responsible for any errors or omissions arising from the use of the Services and loss or damage arising from the use of the Services;
(f) if we link to or include on the Website resources and information provided by you, we will not guarantee the reliability of this information nor does the inclusion of this information imply our recommendation of you; and
(g) as we have no control over the internet and cannot prevent the interruption of information by third parties, we will under no circumstances be responsible for any loss or damage incurred by you as the result of any unauthorised interruptions or decryption of any information transmitted to or by you.
9. Indemnity
You agree to indemnify and keep indemnified etshirts.com and its affiliates, officers, employees and agents and hold them harmless from any claim or demand made by any third party arising out of or in connection with your breach of the Agreement.
10. Links
The Services may provide links to other websites. As we have no control over the linked websites, you acknowledge that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with reliance on such information or material contained on the linked websites.
11. Termination
We may:
(a) immediately and without notice terminate the provision of the Services and the Agreement if you:
(i) breach any term of the Agreement; or
(ii) are an individual and that individual becomes bankrupt or proceedings for bankruptcy are taken against you or if you are a company and that company is wound up or liquidated or if any steps for liquidation or winding up are taken or if the company is unable to pay its debts.
12. Copyright
12.1 The materials used and displayed on the Website for the provision of the Services including but not limited to text, software, photographs, graphics, illustrations and artwork of video, music, sound and names, logos/trademarks are the property of etshirts.com or its licensors and are protected under copyright and other laws and you agree not to use such materials without our prior written consent.
13. Assignment
You cannot assign any rights under this Agreement or any other agreement with us without our prior written consent.
14. Governing Law
This Agreement is governed by the laws of Western Australian and the parties submit to the jurisdiction of the Western Australia Courts.
15. Relationship
You and etshirts.com are independent contractors and no agency, partnership, joint venture or employee-employer or any other relationship is intended or created by the Agreement.
16. Entire Agreement
The Agreement sets out the entire understanding and agreement between you and etshirts.com. You acknowledge that you have read and understood the Agreement.
17. Failure to Act
The failure by us to act with respect to a breach by you or others does not waive our rights to act with respect to any other breaches.
18. No Guarantee
We do not guarantee continuous and uninterrupted access to the Services and operation of the Website due to numerous factors which may occur outside our control.
