Terms & Conditons

Binding Agreement
By accessing and using this website and services, you agree to the terms of service, which constitute a binding agreement between you and H.A.T.S. Merch. It is essential to understand that these terms are legally binding, and by continuing to use our services, you are accepting these terms.

Responsibility
You are responsible for staying informed about any updates or changes to these terms and conditions between visits. Your continued use of our services implies acceptance of all terms and conditions, and we reserve the right to modify them without prior notice to you.

1. Services
H.A.T.S. Merch offers the following services:

• Create, design, and customize products listed for sale
• Buy products listed for sale
• Save and share designs
• Use fun picture and design tools
• Save created images and designs into public and personal galleries
• Post created images to social networks or blogs (with legal permission)
• Register to subscribe to special offers and use of galleries

 

1.1 Refund Policy

Commitment to Quality
We are dedicated to delivering high-quality prints and strive for excellence in every product we produce for our valued customers. If you are dissatisfied with your purchase, please review the instructions below to initiate a return.

Return Policy

• Faulty, damaged, or items with faulty print can be returned for a replacement or refund.
• Returns are accepted within 14 days of purchase receipt.
• Returned items must be in their original condition and packaging.
• Noticeable wear on items renders them ineligible for replacement or refund.
• BYO or supplied garments are not eligible for refund.
• Supplying garments to Create Apparel is done at your own risk.
• All returns must comply with the company's Terms & Conditions.

What Cannot Be Returned

• Refunds or replacements are not provided for:

  • Change of mind
  • Errors in approved proofs
  • Non-'print ready' artwork
  • Shipping delays
  • Supplier stock delays

• Incorrect garment size selections are not eligible for a replacement or refund.
• Sizing measurements may vary by +/- 2.5cm; deviations outside of this tolerance are considered faulty.
• Print dimensions and placement are accurate within +/- 2-3cm; exceeding this allowance is deemed faulty.
• Colours may print differently than what is on screen; specific colours require Pantone colour codes supplied on order.
• Payment for an order indicates acceptance of the proof; the customer is responsible for ensuring artwork, quantity, and shipping address are correct.
• Returns cannot be accepted for third-party courier mistakes after order dispatch to the customer's address.

Shipping Charges for Returns

• The individual returning the product to H.A.T.S. Merch is responsible for covering all shipping fees associated with the return.
• We do not provide reimbursement for shipping charges.
• Refunds will be issued to the initial payment method, excluding any delivery fees.

To Return Your Item

1. Email H.A.T.S. Merch requesting a RMA (Return Merchandise Authorization) and provide:

• 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

2. Our team will review your RMA request and contact you to discuss available options.

Important Notes

• All garment(s) must be returned to H.A.T.S. Merch to receive a replacement or refund.
• It is the customer's responsibility to return garment(s) within two (2) weeks of H.A.T.S. Merch issuing/approving the RMA request.
• ​​​​​​​H.A.T.S. Merch will require up to 5 working days to process your claim.

1.2 ​​​​​​​Cancellation Policy

• Please note that all online orders are immediately placed into our production schedule and cannot be edited or cancelled once submitted.
• Due to our efficient production process, we are unable to make any changes or cancellations to orders after they have been placed.
• Please ensure to review your order carefully before submitting it, as we cannot accommodate any changes or cancellations once the order has been received. 

 

1.3 Production Timeframes

Same Day Printing

• 1 business day production + shipping
• Orders placed before 10:00 am (Monday to Friday) are guaranteed to be dispatched on the same day.
• Orders placed after the cutoff time will be processed and prepared for dispatch or collection on the next business day.
• Dispatch begins at 2:30 pm onwards for all Same Day Printing.

Rush Production

• 4 business days production + shipping
• Expedite your order processing time by adding the Rush Production at checkout.
• Typically, your order will be ready for dispatch or collection within 4 business days.
• Please note that some items may take longer to fulfill due to sourcing from suppliers. Our team will contact you via email with an estimated delivery time in such cases.

Standard Production

• 7 business days production + shipping
• Standard production orders typically take 7 business days to process, but may be dispatched earlier.
• If you require urgent dispatch, consider using our Same Day Printing or Rush Production service.

Combining Same Day Printing and Standard Production Items

• Adding a Same Day Printing item to your order does not affect the production time for your order. Standard production times will still apply.
• While we strive to process your order quickly, any delays due to stock availability or other factors will be promptly communicated by our team.

 

1.4 Delivery Timeframes

Processing and Printing Excellence
At H.A.T.S. Merch, we take great pride in meeting and often exceeding our processing and printing timeframes. However, please note that some circumstances are beyond our control.

Freight Carrier Delays
In the rare event of a delay caused by the freight carrier, we cannot be held responsible for their delays.

Rush Production and Shipping
If you opt for rush production, please note that we cannot guarantee shipping timeframes for rural, international, or locations not covered by the Australia Post National Express Post Network. To avoid potential delays, we recommend calling us beforehand to ensure necessary stock availability.

Supplier Stock Availability
In cases of delay due to supplier stock availability, we will still expedite the production of your order as much as possible. Please note that any delay due to stock or shipping does not entitle you to a refund, as we will still process, print, and ship your order within an accelerated timeframe.

1.5 Shipping Policies

Delivery Options
We offer four convenient delivery services to our customers:

• International Shipping
• Standard Shipping
• Australia Post Express Shipping
• Click & Collect​​​​​​​

Delivery Times

• International Shipping: Production time + 15-25 days
• Standard Shipping: Production time + 7 days
• Australia Post Express Shipping: Production time + 2 days
• Click & Collect: Production time + 0 days

Click & Collect Hours

• Monday - Thursday: 8:30 am - 4:00 pm
• Friday: 8:30 am - 3:00 pm
• ​​​​​​​Weekends & Public Holidays: Closed

Important Notes

• We cannot be held responsible for technical glitches or freight carrier delays.
• Tracking numbers are provided for all purchases, and you will receive an email with tracking details once your order is complete.
• If you arrange your own Uber collection, please ensure you provide Uber driver with Order Name and Order Number.
• ​​​​​​​We cannot be held responsible for unsuccessful Uber collection attempts made outside our hours of operation.

 

1.6 Lost / Damaged Parcels

Liability
Please note that we cannot be held liable for any loss or damage to goods that occur while in transit with a freight carrier.

Investigating Delays
If your order has not been delivered within the specified timeframes, please:

• Contact the freight carrier immediately and file an enquiry through their website
• ​​​​​​​Notify us of the issue, and we can also lodge an enquiry with the freight carrier on your behalf

Please be aware that the freight carrier may take up to 4+ weeks to investigate the delay, and we cannot be held responsible for the length of this process.

Replacement or Refund
We can only replace or refund an order if the freight carrier deems the parcel/s to be "lost". Please note that most freight carriers maintain records for a maximum of 30 days, and after this period, they will not accept responsibility for any loss. It is the customer's responsibility to contact and notify the freight carrier if their parcel has not been delivered within this 30 day timeframe.

 

1.7 Stock Availability

Diverse Range of Garments
At H.A.T.S. Merch, we take pride in offering our customers a wide range of garment options to choose from. However, occasionally our suppliers may experience stock shortages for certain items.

Out of Stock Notification
If an item in your order is out of stock, we will promptly notify you via email and present various options for how to proceed with your order.

Disclaimer
Please note that H.A.T.S. Merch cannot be held responsible for any out of stock items from our suppliers. However, we will do our best to work with you and ensure your satisfaction with your purchase.

Customer Satisfaction
We are committed to providing excellent customer service and will work with you to find a solution that meets your needs.

 

1.8 Washing Instructions

Care for Your Garment
To maintain the quality and longevity of your garment and its prints, please follow the washing guidelines on the t-shirt label and our recommended care instructions:

• Wash on a cold, gentle cycle
• Wash the garment inside out
• Do not tumble dry
• Dry the garment in shade, away from direct sunlight
• If ironing is necessary, iron the garment inside out
• Avoid using harsh chemicals

Preventing Shrinkage
By following these instructions, you can prevent your garments from shrinking and ensure they remain in great condition. Please note that the durability of your garments and prints is ultimately determined by your care and maintenance.

Get the Most Wear Out of Your Garments
By adhering to these washing guidelines, you can enjoy your garments for a long time and get the most wear out of them.

2 Using our H.A.T.S. Merch 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
H.A.T.S. Merch 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:

• 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
3.1 Responsibilities
Users are and shall be wholly and exclusively responsible, at their own cost, for:

1. 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;
2. 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;
3. complying with all laws, regulations and rules in the uses country or jurisdiction;
4. complying with any recommendations or guidelines issued by H.A.T.S. Merch with respect to the use of the Website and/or services and
5. ensuring that all electronic or other media it uses in connection or in conjunction with the Website and the services provided comply with these Terms of Use and all applicable laws, regulations and rules.

3.2 Restrictions on Users
Users shall not and have no right to either:

1. reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
2. use either the Website to supply any service to any person; or
3. modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
4. 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 libelous, 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;
5. use "Spam", "blast-faxes" or recorded telephone messages to market or sell any products or services,
6. 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 PIKIWARE® Platform,
7. take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
8. use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
9. collect electronic mail addresses or other information from our Website,
10. impersonate another person or entity,
11. engage in any activity that interferes with any persons ability to use or access the Website and/or services, or
12. assist, procure or aid any person to engage in any activity prohibited by these Terms of Use; or
13. 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.

The user acknowledges and agrees that H.A.T.S. Merch reserves the right to terminate these Terms of Use, disable and deny access to the website and services, and take legal action against any user who engages in any activity or conduct prohibited by these Terms of Use and/or by any relevant law, regulation, or rule, at its sole and unfettered discretion, without prior notice.

4. H.A.T.S. Merch 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, H.A.T.S. Merch shall allow user to access and use the Website and the services .

4.2 Privacy
H.A.T.S. Merch may collect personal data concerning the user in the course of and incidental to users use of the Website and services. H.A.T.S. Merch shall comply with, and user hereby consents irrevocably and unconditionally to H.A.T.S. Merchs 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 H.A.T.S. Merch 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
H.A.T.S. Merch 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. H.A.T.S. Merch 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. H.A.T.S. Merch 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 H.A.T.S. Merch; 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, H.A.T.S. Merch may revoke the licence and deny access to and use of the Website.

5.2 Prohibition on infringement
User acknowledges and agrees that H.A.T.S. Merch 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 H.A.T.S. Merch 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 H.A.T.S. Merch 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. H.A.T.S. Merch 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 H.A.T.S. Merch that, in its use of the Website and the Services provided, it:

1. will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
2. will comply with all applicable laws, rules, and regulations.
3. User further represents and warrants to H.A.T.S. Merch that:
4. 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;
5. H.A.T.S. Merch will not be required to make any payments or compensation to any person in connection with its use of such content; and
6. 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 H.A.T.S. Merch's warranties
H.A.T.S. Merch 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

• H.A.T.S. Merch provides the Website and Services on an "as is" and "as available" basis. Nothing in these Terms of Use shall or may be construed as a representation or warranty by H.A.T.S. Merch that the functionality or operation of the Website and/or the services will:
  1. be uninterrupted or free of errors and inaccuracies;
  2. meet users requirements; or
  3. 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.
• H.A.T.S. Merch 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 H.A.T.S. Merch is not liable.
• H.A.T.S. Merch 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
Except for clause 8.1, all implied conditions, warranties, representations, indemnities, and guarantees relating to the website or any other goods or services provided by H.A.T.S. Merch, whether implied by statute, law, equity, trade custom, prior dealings between the parties, or otherwise, including any implied warranty of merchantability, suitability, fitness for a particular purpose, quiet enjoyment or non-infringement, are explicitly excluded.

7.5 No representation or reliance
(a) User acknowledges that neither H.A.T.S. Merch nor any person acting on Create Apparel 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 H.A.T.S. Merch, 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 H.A.T.S. Merch 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:

1. any third party;
2. actions of user that were not expressly authorised by H.A.T.S. Merch;
3. accident, misuse or abuse by anyone other than H.A.T.S. Merch;
4. 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 H.A.T.S. Merch;
5. products (including any hardware or software) or services not licensed or supplied by H.A.T.S. Merch;
6. power surge or failure,
7. events of force majeure or events outside H.A.T.S. Merchs actual control; or
8. any other condition not arising under normal operating conditions;

(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 H.A.T.S. Merch has been advised of the possibility of any particular loss or damage.

8.3 Links
H.A.T.S. Merch 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 H.A.T.S. Merch is not responsible for the operation of or content located on any such website, and H.A.T.S. Merch 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, H.A.T.S. Merch'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 H.A.T.S. Merch , 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 H.A.T.S. Merch. In no event shall any such termination or suspension by H.A.T.S. Merch 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, H.A.T.S. Merch 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 H.A.T.S. Merch 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
H.A.T.S. Merch 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 H.A.T.S. Merch 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) H.A.T.S. Merch 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.