WeMerch Terms & Conditions
Effective Date: 1 July 2025
These Terms & Conditions govern the supply of products and services by WeMerch. By accepting a quote, placing an order, paying a deposit, issuing a purchase order or otherwise instructing WeMerch to proceed, you agree to these Terms.
1. Services
WeMerch designs, sources and supplies custom-branded merchandise, uniforms, workwear, promotional products, corporate gifts, print, signage and related products and services.
Projects may include sourcing, design, artwork preparation, sampling, decoration, printing, manufacturing, packaging and delivery, as agreed with the client.
2. Quotes & Orders
Quotes are valid for 28 days unless otherwise stated.
Pricing is based on the quantities, products, specifications, artwork, decoration methods and other requirements stated in the quote.
Prices may change where quantities, artwork, specifications, decoration requirements, freight arrangements or other project details change.
An order is considered confirmed once the required deposit, purchase order or other agreed confirmation has been received.
Products are subject to stock availability and are not reserved until an order is confirmed. If a quoted product becomes unavailable, WeMerch will endeavour to offer a suitable alternative, which may have different pricing, specifications or lead times.
3. Payment Terms
Unless otherwise agreed in writing, a 70% deposit is required before production begins.
The remaining balance is payable before delivery or dispatch.
Payment may be made by bank transfer, card or another agreed payment method.
Payment processing fees may apply where permitted by law and will be disclosed before payment.
Late or outstanding payments may delay production, dispatch or delivery.
Ownership of goods remains with WeMerch until all amounts owing for the relevant order have been paid in full.
4. Artwork & Approval
Final artwork, layouts, product specifications and proofs must be approved by the client before production begins.
The client is responsible for carefully reviewing all details, including spelling, contact information, colours, sizing, quantities, product details, logo placement, layout and other specifications.
Once approval has been provided, WeMerch may proceed with production based on the approved artwork or proof.
WeMerch is not responsible for errors in the finished product where those errors were present in, or reasonably apparent from, the approved artwork, proof or information supplied by the client.
Changes requested after approval may incur additional costs and may affect production and delivery timeframes.
5. Colours, Proofs & Product Variations
Digital proofs, mock-ups and on-screen colours are provided as a visual guide only.
Actual colours and appearance may vary due to screen settings, materials, fabrics, substrates, inks, embroidery threads, printing methods, decoration techniques, manufacturing processes and production batches.
Where Pantone, PMS or other colour references are provided, reasonable efforts will be made to achieve a close match where the relevant production method allows, but exact colour matching cannot always be guaranteed.
Reasonable variations may also occur in size, dimensions, material, decoration placement, finish, packaging and other production characteristics.
Minor variations that are inherent in the relevant manufacturing or decoration process and fall within reasonable industry tolerances will not generally be considered defects.
6. Samples
Samples, prototypes, pre-production samples and mock-ups are intended to demonstrate the general appearance, construction, materials or decoration of a product.
Minor differences may occur between samples and final production due to materials, manufacturing methods, decoration processes or production batches.
Sample, setup, development and freight fees may apply and are generally non-refundable once the relevant work has commenced unless otherwise agreed.
7. Production & Delivery
Production and delivery timeframes are estimates unless expressly guaranteed in writing.
Production timelines generally begin once all required approvals, artwork, specifications and payments have been received.
Delays in client approval, payment or supply of information may result in revised production or delivery dates.
WeMerch is not responsible for delays caused by suppliers, manufacturers, couriers, freight providers, customs, weather, transport disruption or other circumstances outside our reasonable control.
Clients should advise WeMerch of any fixed event or deadline before placing an order.
Freight and delivery charges will be quoted or advised where applicable.
Clients are responsible for providing accurate delivery information.
8. Custom Manufacturing & Quantities
Certain custom-manufactured products may be subject to reasonable over-run or under-run tolerances.
Where a production quantity tolerance applies, it will generally be advised in the quote, order confirmation or other project documentation.
Unless otherwise agreed, clients will be invoiced based on the quantity actually supplied.
9. Returns, Faults & Claims
As most products supplied by WeMerch are custom-made or custom-branded, change-of-mind returns are generally not accepted.
Clients should inspect goods promptly after delivery and notify WeMerch in writing of any apparent damage, shortage, fault or production error as soon as reasonably practicable.
WeMerch may request photographs, samples, packaging or return of affected products so the issue can be assessed.
Depending on the circumstances and subject to applicable Australian Consumer Law rights, an appropriate remedy may include repair, replacement, re-production, credit or refund.
Reasonable manufacturing or decoration variations will not generally be considered defects.
Nothing in these Terms limits any rights or remedies that cannot legally be excluded.
10. Cancellations & Changes
Cancellations after an order has been confirmed may incur costs already incurred or committed by WeMerch.
These may include artwork, samples, setup costs, products, materials, supplier charges, manufacturing, decoration, freight or other project costs.
Once products have been ordered, customised, decorated, manufactured or dispatched, cancellation may not be possible and some or all of the remaining order value may be payable.
Changes requested after confirmation may incur additional costs and may affect production or delivery timeframes.
11. Client-Supplied Goods
Where WeMerch agrees to decorate or process products supplied by the client, those products are supplied at the client's risk.
Decoration and production processes may involve inherent risks, and successful decoration of every client-supplied item cannot always be guaranteed.
WeMerch is not responsible for normal production risks affecting client-supplied goods unless caused by a failure to exercise reasonable care and skill.
12. Intellectual Property
Clients are responsible for ensuring they have the legal right to use all logos, trademarks, designs, artwork, images and other materials supplied to WeMerch.
WeMerch is not responsible for copyright, trademark or other intellectual property infringements arising from client-supplied materials.
Unless otherwise agreed in writing, WeMerch retains ownership of original concepts, artwork and design work created by us until all related invoices have been paid in full.
Editable or source artwork files are not automatically included unless specifically agreed.
13. Portfolio & Marketing
Unless the client requests otherwise in writing, WeMerch may photograph or display completed work on our website, social media, portfolio or marketing materials.
Clients should advise WeMerch in advance where a project, campaign or product launch is confidential.
14. Limitation of Liability
To the extent permitted by law, WeMerch is not liable for indirect, incidental or consequential loss, including loss of profits, lost business opportunities, missed events or reputational loss arising from matters outside our reasonable control.
Nothing in these Terms excludes, restricts or modifies any rights or guarantees that cannot legally be excluded under the Australian Consumer Law.
15. Third-Party Suppliers
WeMerch may engage third-party suppliers, manufacturers, decorators, printers, freight providers and other service providers to fulfil client orders.
WeMerch will use reasonable care in coordinating these suppliers but cannot guarantee that third parties will never experience stock, production, freight or operational delays.
16. Governing Law
These Terms are governed by the laws of Queensland, Australia.
Any dispute arising in connection with these Terms will be subject to the jurisdiction of the courts of Queensland and any applicable Commonwealth courts.
17. Changes to These Terms
WeMerch may update these Terms from time to time.
The Terms applying to an order will generally be those in effect when the order is confirmed, unless otherwise agreed in writing.
18. Contact Us
If you have any questions about these Terms & Conditions, please contact:
WeMerch
Email: hello@wemerch.com.au
Location: Sunshine Coast, QLD, Australia