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 emuusing. 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
emuusing offers the following services:
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
What Cannot Be Returned
Refunds or replacements are not provided for:
Shipping Charges for Returns
To Return Your Item
1. Email emuusing requesting a RMA (Return Merchandise Authorization) and provide:
2. Our team will review your RMA request and contact you to discuss available options.
Important Notes
1.2 Cancellation Policy
1.3 Production Timeframes
Same Day Printing
Rush Production
Standard Production
Combining Same Day Printing and Standard Production Items
1.4 Delivery Timeframes
Processing and Printing Excellence
At emuusing, 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:
Delivery Times
Click & Collect Hours
Important Notes
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:
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 emuusing, 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 emuusing 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:
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 emuusing 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
emuusing 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:
3 User's Obligations
3.1 Responsibilities
Users are and shall be wholly and exclusively responsible, at their own cost, for:
3.2 Restrictions on Users
Users shall not and have no right to either:
The user acknowledges and agrees that emuusing 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. emuusing 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, emuusing shall allow user to access and use the Website and the services .
4.2 Privacy
emuusing may collect personal data concerning the user in the course of and incidental to users use of the Website and services. emuusing shall comply with, and user hereby consents irrevocably and unconditionally to emuusings 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 emuusing 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
emuusing 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. emuusing 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. emuusing 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 emuusing; 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, emuusing may revoke the licence and deny access to and use of the Website.
5.2 Prohibition on infringement
User acknowledges and agrees that emuusing 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 emuusing 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 emuusing 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. emuusing 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 emuusing that, in its use of the Website and the Services provided, it:
7.2 emuusing's warranties
emuusing 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
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 emuusing, 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 emuusing 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 emuusing, 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 emuusing 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:
(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 emuusing has been advised of the possibility of any particular loss or damage.
8.3 Links
emuusing 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 emuusing is not responsible for the operation of or content located on any such website, and emuusing 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, emuusing'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 emuusing , 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 emuusing. In no event shall any such termination or suspension by emuusing 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, emuusing 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 emuusing 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
emuusing 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 emuusing 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) emuusing 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.