Terms & Conditions

Welcome to Notable Merch Co.

In these terms, we also refer to Notable Merch Co as “our”, “we, or “us”.

And you are you!

New Products  Disclaimer: Sale offers and discount codes are not applicable on items included in the New collection. 

 What are these terms about?

These terms apply when you use this website, being www.notablemerchco.com  and any other websites we operate for the Notable Merch Co brand (“Website”).

These terms also apply when you purchase products through this Website (“Products”).

If you’re looking for our Privacy Policy, which we will comply with and you also agree to be bound by, you can find it here: <<insert link>>

 How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand.

Those parts are:

  • PART A: Terms for when you buy Products (applies when you buy)
  • PART B: Terms for when you browse and interact with this Website (applies when you browse)
  • PART C: Liability and warranties, and interpretation provisions (applies to both buying and browsing)

Where possible, we have written these terms and conditions in plain, easy to understand language. We’ve taken a considered approach to our terms and want to be fair and reasonable.

Please let us know if you have any questions about these terms, and don’t continue using this Website or purchase any Products unless you have read and agree to these terms.

I’ve returned to your Website, do I need to read these terms again?

These terms and conditions are updated periodically, and while we’re always going to do our best to keep our terms and conditions as friendly as possible, you would be well advised to familiarise yourself with with them prior to placing an order. We recommend that you read the terms and conditions when you first visit our website and prior to any order placement.

 

PART A

Purchasing products:

  1. SUBMITTING AN ORDER
  • By submitting an order for purchase of a Product using the Website's functionality (Order) you represent and warrant that:
    • you have the legal capacity and are of sufficient age to enter into a binding contract with us; and
    • you are authorised to use the debit or credit card you provide with your Order.
  •  Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.
  • Part A of these terms is not agreed between you and us until we have approved your payment and you receive an email from us confirming that your order is being processed.
  • SHOPPING & PRODUCTS
    • We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website. Please note: print placement varies from item to item, meaning you get a product as unique as you. The print placement you receive is random and cannot be preselected in the ordering process. Please use stock images as a guide only, and contact customer service for all other concerns.
    • Until the price of your Products is paid in full, title in those Products is retained by Notable Merch Co. Risk in the Products will pass to you on delivery in accordance with clause 4. Delivery must not be refused by you.
    • (Gift Cards) We may issue gift cards for use in our Website. Gift cards are valid online at our Website and are redeemable through our checkout in accordance with the process set out on the gift card or otherwise communicated to you. Gift cards are not legal tender, account cards, credit or debit cards or securities. They are not reloadable and cannot be exchanged or redeemed for cash, a discount, or anything else other than our Products.
    1. CUSTOMISED PRODUCTS
    • Customised products are an important part of what we do - we want you to feel represented with the clothes, accessories and homewares you purchase from us, and have created a few ways for you to make something that is extra special, and just for you. 
    • An illustrative depiction of your customised items will be shown as you build it using our website, however this image may not be indicative of the product you receive, particularly with regard to artwork placement, brightness and colour appearance.
    • Submitting an order for a customised product is not a guarantee that it will be produced - it will first be subject to our approval process, prior to being pushed for production. The approval process for our customised products will take place in batches, within 2 business days of your order being placed.
    • All custom products are subject to an approval process, to ensure that any content produced does not infringe on copyright owned by somebody else, or contains hate speech or other objectionable terms or images. Specifically, you may not create an item that contains:
    1. Images or phrases that are subject to copyright that you do not have express written permission to reproduce;
    2. Images or phrases that contain hate speech or discrimination of any kind;
    3. Images or phrases with the intent to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on any basis;
    4. Images or phrases that contain false or misleading information;
    5. Images or phrases that violate any international, federal, state or local regulations, laws or local ordinances;
    6. Unneccessarily profane messages likely to cause offense (we recognise this is a grey line - a little sass is OK, but we won’t allow our service to be used to print purely offensive slogans or graphics);
    7. Any item created with an obscene or immoral purpose.
  • In short, our customisable products are there to spread love and joy. We know you’ll love them as much as we do!
  • You warrant that you own the copyright (or reproduction rights) for any images you upload for use in our customised range, and you will continue to retain the rights of copyright (or reproduction rights) for those images. However, we may use mockup renders of the products you choose to make to promote this product range.
  • During the creation process of a customised product, product mocks will be shown to you. You may not reproduce the images created during this process in any way, including screen capturing or screen recording the process, or saving the final image and reproducing it in any way, digitally or otherwise.
  • PAYMENT
    • All prices are:
      • per unit (except where indicated);
      • in United States Dollars; and
      • subject to change prior to you completing an Order without notice.
    • (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order.
    • (AUSTRALIAN GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Notable Merch Co, you must pay the GST subject to Notable Merch Co providing a tax invoice.
    • (OTHER TAXES) Our production partners are required to charge sales tax to many locations in the US, Australia, New Zealand, the UK, Europe and across the world. Where those charges are required, we will pass those charges on to you. Tax charges may not appear on the site until checkout, when we’re able to calculate the tax liability based on your delivery location. 
    • (Card surcharges) Notable Merch Co reserves the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard, American Express or Diners Club).
    • (Online payment partner) We may use third-party payment providers, including (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct any errors or mistakes in collecting your payment.
    • (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
  •  DELIVERY AND SHIPPING
    • Shipping options and charges will be calculated for you based on the individual items you have selected. These options are variable, based on the production partner that your order will be allocated to, your delivery location and the production partners options for your delivery location. Some orders will be able to choose between a standard and express shipping option, but not all orders.
    • (Delivery Details) Notable Merch Co may charge you for delivery at any time (despite the fact that we may not have previously done so). Where prices are stated as inclusive of delivery:
      • delivery is to the delivery point specifically accepted by Notable Merch Co; and
      • we will deliver the Products to you in accordance with the shipping information displayed on our Website.
    • (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.
    • (CUSTOMS DUTIES & FEES) You will be responsible for paying all customs and import duties and acknowledge that failure to pay may result in your order being held at customs. We will not be liable for any costs you may incur in having your order released from customs, including reimbursing you for any customs or import duties you may pay.
  •  CHANGES TO YOUR ORDER
    • CANCELLATION BY US

    From time to time, we may need to (and we reserve the right to) cancel your order for any reason, and we will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

    • CANCELLATION BY YOU
      • Once you place an Order, we will instantly confirm your Order by sending you written confirmation.
      • If you wish to cancel your Order, you may do so up to fifteen (15) minutes after placing your Order, or until your confirmation is provided (whichever occurs earlier). To cancel your Order, you must contact Notable Merch Co by the contact methods provided on our website or otherwise communicated to you. However, we make no guarantee that your order will be changed or cancelled as this is subject to staff availability when you wish to cancel your Order.
      • Once we confirm your Order, we start processing your Order to get it to you as soon as practicable. 
    • RETURNS AND EXCHANGES
      • Please see the full Refunds and Exchanges policy located here: <<insert link>>

     

    • (If there are delivery issues outside of our control) If a delivery partner fails to deliver your order, please contact us at your earliest convenience. We will liaise with the delivery partners to determine if your orders has been lost; and if that order has been lost we will refund or reship your order to you.
    • (If we can’t agree on a resolution with you) We have designed this returns policy to be as consumer friendly as possible, going beyond our obligations under the Australian Consumer Law. If after 30 days we cannot agree on a resolution with you in accordance with this clause 3, we will close your file, and either provide you with a refund or replacement (or leave the Product with you) as we deem appropriate based on the circumstances and our obligations under the Australia Consumer Law.
    1. INTELLECTUAL PROPERTY
    • Notable Merch Co retains all intellectual property rights in the design of the Products, including the materials, specifications, look and feel, shape, labelling and packaging, or those rights are owned by a third party.
    • You must not, and must not attempt to, copy, reproduce, manufacture or otherwise commercialise the Products.
    • In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
  • THIRD PARTY SUPPLIERS
    • We may do any of the following:
      • outsource any part of performing any services related to providing the Products, including delivery of your Products; or
      • procure materials and Products from third party suppliers;

    without further notice to or permission from you.

    • To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing services or goods to you.

     

    PART B

    FOR WHEN YOU BROWSE OUR WEBSITES:

    1. using our website

    This section sets out how you access and use the website in general. We know most of our users will be responsible in how they use our Website, but we’ve set out terms below to make sure the Website continues to be a secure platform for everyone.

    1. what we expect from you

    When using our Website, you must not:

    • copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of Notable Merch Co;
    • use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products;
    • use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
    • use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;
    • use the Website with the assistance of any automated scripting tool or software;
    • act in a way that may diminish or adversely impact the reputation of Notable Merch Co, including by linking to the Website on any other website; and
    • attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:
      • gaining unauthorised access to Website accounts or data;
      • scanning, probing or testing the Website for security vulnerabilities;
      • overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or
      • instigate or participate in a denial-of-service attack against the Website.
    1.  WHAT YOU CAN EXPECT FROM US
    • While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible for all of our customers, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:
      • the Website will be completely free from potential errors or defects (or both, as the case may be);
      • the Website will be accessible at all times;
      • messages sent through the Website will be delivered promptly, or delivered at all;
      • information you receive or supply through the Website will be secure or confidential; and
      • any information provided through the Website is accurate or true.
    • We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, offer terms, prices and other Website Content.
  •  our INTELLECTUAL PROPERTY
    • We’ve worked hard putting our Website together, so Notable Merch Co retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.
    • We do allow you to make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Notable Merch Co or as permitted by law.
    • In this clause, "intellectual property rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.
  • SPECIAL NOTES FOR OUR CUSTOMISABLE PRODUCTS & THE CUSTOMISABLE PRODUCTS SECTION OF THE WEBSITE
    • You may not use the customisable products to create images used by yourself or others for any purpose other than purchasing an item from our store.. 
    • An illustrative depiction of your customised items will be shown as you build it using our website, however this image may not be indicative of the product you receive, particularly with regard to artwork placement, brightness and colour appearance. You may not use the images created during the creation process for any means whatsoever.
    • The customised products are very flexible, and the creation engine will allow you to create many variations of products. You may not create products that contain any of the following:
    1. Images or phrases that are subject to copyright that you do not have express written permission to reproduce;
    2. Images or phrases that contain hate speech or discrimination of any kind;
    3. Images or phrases with the intent to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on any basis;
    4. Images or phrases that contain false or misleading information;
    5. Images or phrases that violate any international, federal, state or local regulations, laws or local ordinances;
    6. Unneccessarily profane messages likely to cause offense (we recognise this is a grey line - a little sass is OK, but we won’t allow our service to be used to print purely offensive slogans or graphics);
    7. Any item created with an obscene or immoral purpose.
  • You warrant that you own the copyright (or reproduction rights) for any images you upload for use in our customised range, and you will continue to retain the rights of copyright (or reproduction rights) for those images. However, we may use mockup renders of the products you choose to make to promote this product range.
  • During the creation process of a customised product, product mocks will be shown to you. You may not reproduce the images created during this process in any way, including screen capturing or screen recording the process, or saving the final image and reproducing it in any way, digitally or otherwise.
  • THIRD PARTY TERMS AND CONDITIONS
    • You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply when using our Website.
    • You agree to any Third Party Terms applicable to any third party goods and services, and Notable Merch Co will not be liable for any loss or damage suffered by the Customer in connection with such Third Party Terms.
  •  LINKS TO OTHER WEBSITES
    • The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.
    • Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.
  • THIRD PARTY PLATFORM
    • This Website is powered by a third party platform and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. Those terms can be accessed here: http://shopify.com/legal/terms.
    • To the maximum extent permitted under applicable law and our agreement with our third party platform provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.
  •  SECURITY
  • Notable Merch Co does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

    1. CONTACT US

    If you notice that another user of the Website isn’t following our rules, or if you notice any other issues on our website, please get in touch with us! You can reach out to us through the contact details or form provided on our Website.

     

    PART C

    LIABILITY AND OTHER LEGAL TERMS…

    1.  RATINGS & REVIEWS
    • You may be provided an opportunity to rate a Product (Rating) and/or may provide feedback to Notable Merch Co regarding our Products and our service (Review).
    • Ratings and Reviews may be viewed by others and may remain viewable until the relevant Product is removed.
    • You must provide true, fair and accurate information in your Review.
    • If we consider that a Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review made by anyone.
    • You can write a Review about a Product if you have had a shopping or service experience in relation to that Product, which means that:
      • you have purchased a Product from Notable Merch Co; or
      • you have placed an order in relation to the Product,

    (collectively referred to as a Shopping Experience).

    • You may only write about your own Shopping Experience. You are not permitted to write a Review about somebody else’s Shopping Experience, such as that of a family member or friend.
    • Your Shopping Experience must have occurred within the last 12 months. This means within 12 months from the date on which you write the Review.
    1. LIABILITY
    • To the maximum extent permitted by applicable law, Notable Merch Co limits all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to this Website, these terms or any Products or services provided by Notable Merch Co to the total amount paid in the relevant Order or for the relevant Product, as applicable to the issue.
    • Claims for loss of or damage to Products in transit must be made against the carrier.
    • Products sold by Notable Merch Co, will have only the benefit of any warranty given, and insurance held, by the manufacturer.
    • All other express or implied representations and warranties in relation to Products and the associated services performed by Notable Merch Co are, to the maximum extent permitted by applicable law, excluded.
    • Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund, replacement or repair) if there is a failure with the goods or services we provide.
    • (Indemnity) You indemnify Notable Merch Co and its employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from you or your representatives':
      • breach of any of these terms;
      • use of the Website; or
      • use of any goods or services provided by Notable Merch Co.
    • (Consequential loss) To the maximum extent permitted by law, under no circumstances will Notable Merch Co be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with this Website, these terms or any Products or services provided by Notable Merch Co (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).
  • FORCE MAJEURE
    • If a party (Affected Party) becomes unable, wholly or in part, to carry out an obligation under this agreement (other than an obligation to pay money) due to a Force Majeure Event, the Affected Party must give to the other party prompt written notice of:
      • reasonable details of the Force Majeure Event; and
      • so far as is known, the probable extent to which the Affected Party will be unable to perform or be delayed in performing its obligation.
    • Subject to compliance with clause 19(a) the relevant obligation will be suspended during the Force Majeure Event to the extent that it is affected by the Force Majeure Event.
    • The Affected Party must use its best endeavours to overcome or remove the Force Majeure Event as quickly as possible.
    • For the purposes of this agreement, a ‘Force Majeure Event’ means any:
      • act of God, lightning strike, meteor strike, earthquake, storm, flood, landslide, explosion or fire;
      • strikes or other industrial action outside of the control of the Affected Party;
      • war, terrorism, sabotage, blockade, revolution, riot, insurrection, civil commotion, epidemic, pandemic; or
      • any decision of a government authority in relation to COVID-19, or any threat of COVID-19 beyond the reasonable control of the Affected Party, to the extent it affects the Affected Party’s ability to perform its obligations.
    1. GENERAL
    • GOVERNING LAW AND JURISDICTION

    This agreement is governed by the law applying in [Queensland. Each party irrevocably submits to the exclusive jurisdiction of the courts of Queensland and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

    • WAIVER

    No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

    • SEVERANCE

    Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

    • JOINT AND SEVERAL LIABILITY

    An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

    • ASSIGNMENT

    A party cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party.

    • COSTS

    Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

    • ENTIRE AGREEMENT

    This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

    • INTERPRETATION
      • (singular and plural) words in the singular includes the plural (and vice versa);
      • (gender) words indicating a gender includes the corresponding words of any other gender;
      • (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
      • (person) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;
      • (party) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
      • (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;
      • (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;
      • (headings) headings and words in bold type are for convenience only and do not affect interpretation;
      • (includes) the word "includes" and similar words in any form is not a word of limitation; and
      • (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.
    1. NOTICES
    • A notice or other communication to a party under this agreement must be:
      • in writing and in English; and
      • delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (Email Address). The parties may update their Email Address by notice to the other party.
    • Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
      • 24 hours after the email was sent; or
      • when replied to by the other party, whichever is earlier.
    • If you have any questions around our terms and conditions, or the way we work, please contact us at hello@notablemerchco.com.