TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale (“Terms”) govern all goods, custom printing, embroidery, decoration, design, artwork preparation and related services supplied by Aariz Industries Pty Ltd ABN 96 654 284 625 trading as Printofy (“Printofy”, “we”, “us” or “our”).

These Terms apply to orders placed through printofy.com.au, by email, through an approved quotation or invoice, through a sales representative, or by any other ordering method accepted by Printofy.

Please read these Terms carefully before placing an order.

1. APPLICATION AND ACCEPTANCE OF THESE TERMS

1.1 By placing an order, submitting payment, accepting a quotation containing or linking to these Terms, or clicking an online acknowledgement confirming acceptance of these Terms, the customer (“Customer”, “you” or “your”) agrees to be legally bound by these Terms.

1.2 Where an order is placed on behalf of a company, association, school, club, government body or other organisation, the person placing or approving the order represents that they have authority to bind that organisation.

1.3 Printofy may retain electronic records relating to acceptance of these Terms, including order details, dates and times, checkout records, payment records, IP and technical information where lawfully collected, quotation acceptance, emails, artwork uploads and proof approvals. These records may be relied upon as evidence of the transaction and the Customer's instructions and approvals.

1.4 The version of these Terms presented or made available to the Customer at the time the relevant contract was entered into will apply to that order. A later amendment will not retrospectively alter an existing contract unless agreed by the parties or required by law.

1.5 Where there is an inconsistency between documents relating to an order, an expressly negotiated and accepted written term contained in a Printofy quotation or order confirmation will take precedence over these general Terms to the extent of the inconsistency.

1.6 Nothing communicated verbally modifies these Terms unless the modification is subsequently confirmed in writing by an authorised representative of Printofy.

2. AUSTRALIAN CONSUMER LAW

2.1 These Terms operate subject to the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law (“ACL”), and any other rights that cannot lawfully be excluded, restricted or modified.

2.2 Nothing in these Terms is intended to exclude, restrict or modify a consumer guarantee, right or remedy that cannot lawfully be excluded.

2.3 Where the ACL entitles a Customer to a repair, replacement, refund, cancellation, compensation or other remedy, the relevant ACL entitlement prevails over any inconsistent provision of these Terms.

Australian Consumer Law Notice

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

For major failures with the service, you are entitled to cancel your service contract with us and receive a refund for the unused portion, or compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods.

If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified within a reasonable time.

You may also be entitled to compensation for other reasonably foreseeable loss or damage arising from a failure to comply with an applicable consumer guarantee.

3. CUSTOM-MADE AND CUSTOM-DECORATED GOODS

3.1 Printofy specialises in goods manufactured, printed, embroidered, decorated, altered or otherwise prepared specifically to the Customer's requirements.

3.2 Custom Goods include, without limitation:

printed garments;
embroidered garments;
printed or embroidered headwear;
uniforms;
branded merchandise;
products incorporating Customer artwork, logos, names or wording;
garments purchased specifically for a Customer's order;
specially ordered colours, styles, sizes or quantities;
custom-produced transfers, embroidery files, screens, artwork or other production materials.

3.3 The Customer acknowledges that Custom Goods are generally unsuitable for ordinary resale by Printofy once production or procurement has commenced.

4. NO CHANGE-OF-MIND CANCELLATIONS OR REFUNDS FOR CUSTOM ORDERS

4.1 Except where required by the Australian Consumer Law or another applicable law, confirmed Custom Orders cannot be cancelled, returned, exchanged or refunded merely because the Customer changes their mind.

4.2 This includes circumstances where the Customer:

(a) no longer requires the goods;

(b) changes its business requirements;

(d) finds another supplier;

(e) finds a cheaper price elsewhere;

(f) orders an incorrect size, colour, quantity or product;

(g) changes its logo or branding;

(h) experiences internal staffing, budget or management changes;

(i) fails to order sufficiently early for an intended event or deadline; or

(j) otherwise decides that the goods are no longer required.

4.3 A request to cancel does not itself cancel the order.

4.4 Where Printofy voluntarily agrees to cancel a Custom Order when it is not legally required to do so, the cancellation and any refund will be subject to clause 23 dealing with Discretionary Refunds.

4.5 Nothing in this clause affects any remedy the Customer is legally entitled to receive under the ACL.

5. SALE AND PROMOTIONAL ORDERS

5.1 Orders placed during a sale, clearance, bundle promotion or other promotional campaign are not eligible for change-of-mind cancellation, refund or exchange except where required by law.

5.2 Promotional pricing does not reduce or remove any rights available under the ACL for defective or non-compliant goods.

5.3 Promotional offers, quantities, gifts and stock are subject to availability and the express conditions of the relevant promotion.

6. CUSTOMER ARTWORK

6.1 The Customer is responsible for providing suitable artwork and accurate instructions.

6.2 The Customer warrants that it owns, licences or otherwise has authority to reproduce all logos, images, text, trademarks, photographs and other material supplied to Printofy.

6.3 Printofy is entitled to rely on that warranty and is not required to investigate ownership of Customer-supplied artwork.

6.4 The Customer indemnifies Printofy against third-party claims arising from Printofy's authorised reproduction of Customer-supplied material, except to the extent a loss results from Printofy's own unlawful conduct.

6.5 Printofy may refuse to reproduce material that it reasonably considers illegal, defamatory, discriminatory, infringing or otherwise inappropriate.

7. ARTWORK PREPARATION AND DESIGN

7.1 Artwork clean-up, background removal, resizing, vectorisation, mock-up preparation and similar services may be performed by Printofy to enable production.

7.2 Unless expressly purchased as a separate design service, such work is undertaken for the purpose of producing the Customer's order and does not necessarily constitute the creation of standalone commercial artwork.

7.3 Printofy may make technically necessary adjustments to artwork, including resizing, colour conversion, line-thickness adjustments, underbase creation and file preparation, where reasonably necessary for the selected printing or embroidery process.

8. PROOF APPROVAL

8.1 Where Printofy provides a digital proof or mock-up, production may commence after the Customer approves that proof.

8.2 The Customer must carefully check all aspects of the proof before approval, including:

spelling;

grammar;

names;

telephone numbers;

web addresses;

design orientation;

garment colour;

print colour;

logo selection;

print position;

quantities;

sizes; and

any other details displayed or stated.

8.3 Approval may be provided electronically, including through Printofy's proofing system, website, email, written message or other recorded method.

8.4 Once a proof has been approved, that approval constitutes the Customer's authority for Printofy to manufacture the order substantially in accordance with the approved proof.

8.5 An error clearly visible on an approved proof which was supplied by, introduced by, or expressly approved by the Customer will ordinarily not constitute a Printofy production error.

8.6 Printofy is not required to provide a free reprint or refund merely because the Customer subsequently notices an error that appeared on and was approved in the proof, except where the law provides otherwise.

8.7 If the finished product materially differs from the approved proof due to an error by Printofy, the matter will be assessed under the ACL and the remedies provisions of these Terms.

9. MOCK-UPS ARE VISUAL REPRESENTATIONS

9.1 Digital mock-ups are provided principally to demonstrate design, general placement and appearance.

9.2 Unless Printofy expressly states otherwise in writing, a digital mock-up is not a precise physical-scale engineering drawing.

9.3 Differences can occur between a digital screen and a finished physical product because of:

screen calibration;

RGB/CMYK/Pantone conversion;

fabric colour;

fabric texture;

garment size;

print method;

embroidery thread;

ink;

transfer material; and

normal manufacturing tolerances.

9.4 Such minor and commercially reasonable variations do not of themselves constitute a defect.

10. PRINT AND EMBROIDERY POSITION

10.1 Print and embroidery placement may vary slightly between individual garments because garments are flexible products and decoration involves manual and mechanical production processes.

10.2 A small variation in alignment, positioning or dimensions which would reasonably be considered normal within the custom apparel industry is not, by itself, a production defect.

10.3 If exact placement, colour matching or dimensions are critical, the Customer must advise Printofy before ordering, and Printofy must expressly agree to that requirement in writing.

11. SIZING

11.1 Customers are responsible for selecting sizes.

11.2 Size charts supplied by Printofy or garment manufacturers are guides and garment dimensions may vary within normal manufacturer tolerances.

11.3 Different manufacturers, styles and fabrics may fit differently even when displaying the same nominal size.

11.4 Custom Goods cannot be exchanged merely because the Customer selected an unsuitable size unless a relevant product does not correspond with its description or another ACL entitlement applies.

12. GARMENT AND PRODUCT VARIATIONS

12.1 Minor variations may occur between production batches, including shade, fabric appearance, dimensions, stitching and manufacturing details.

12.2 Printofy does not manufacture most blank garments itself and reasonably relies upon specifications provided by its suppliers and manufacturers.

12.3 A minor variation that does not materially affect the ordinary use, appearance or quality of the goods will not ordinarily constitute a defect.

13. STOCK AVAILABILITY

13.1 All goods remain subject to stock availability.

13.2 Stock displayed as available may subsequently become unavailable because of supplier inventory movements, concurrent orders, discontinued products or circumstances outside Printofy's reasonable control.

13.3 If an ordered product becomes unavailable, Printofy may offer the Customer:

(a) an equivalent or better substitute;

(b) another colour or style;

(d) the option to wait for replenishment; or

(e) where appropriate, removal and refund of the unavailable item.

13.4 Printofy will not make a materially different substitution without the Customer's approval unless expressly permitted by the order.

14. WHEN PRODUCTION TIME BEGINS

14.1 Unless otherwise agreed, production time begins only when Printofy has received:

(a) cleared payment or approved trading-account authority;

(b) usable artwork;

(d) approval of the final proof where a proof is required; and

(e) any other information reasonably required to manufacture the order.

14.2 A delay by the Customer in completing any of these steps correspondingly delays the commencement or continuation of production.

15. STANDARD TURNAROUND TIMES

15.1 Printofy's ordinary target turnaround for custom printed or decorated goods is approximately 15–21 business days from final proof approval, unless another timeframe is stated for the particular product or order.

15.2 This timeframe is an estimated production or dispatch timeframe and not a guaranteed delivery date, unless Printofy expressly confirms otherwise in writing.

15.3 Business days exclude weekends, public holidays applicable to the relevant production location and notified business closure periods.

15.4 Courier transit time is additional to production time unless expressly stated otherwise.

16. PRODUCTION DELAYS

16.1 The Customer acknowledges that custom manufacturing can be affected by circumstances that cannot always be predicted when an order is placed.

16.2 Delays may arise from matters including:

supplier stock shortages;

backorders;

partial supplier deliveries;

supplier errors;

equipment failure;

maintenance;

staffing disruption;

unusually high order volumes;

production rework;

power or telecommunications failure;

industrial action;

transport interruption;

weather;

natural disasters;

fire;

flood;

government action;

public-health events;

carrier delays;

road closures;

import or freight disruption; or

other circumstances reasonably outside Printofy's control.

16.3 Where circumstances of this kind occur, the estimated production or delivery date will be extended by a reasonable period having regard to the circumstances.

16.4 In exceptional circumstances, fulfilment may take materially longer than the ordinary 15–21 business-day estimate and may extend up to approximately 14 weeks from final proof approval.

16.5 The reference to a possible 14-week period is intended to disclose the potential extent of exceptional production disruption. It does not operate to exclude any statutory requirement that goods or services be supplied within a reasonable time where such a requirement applies.

16.6 Printofy will take reasonable steps to progress delayed orders and communicate material delays where practicable.

17. CUSTOMER DEADLINES AND EVENT DATES

17.1 If goods are required for a particular event, launch, opening, campaign, conference, function, work commencement date or other deadline, the Customer must disclose that requirement before placing the order.

17.2 Merely advising Printofy of a preferred date, writing a date in an order note or asking whether an order is “likely” to arrive by a particular date does not make that date a guaranteed contractual deadline.

17.3 A date is binding upon Printofy as a guaranteed deadline only where an authorised Printofy representative expressly confirms in writing that the order has a “Guaranteed Delivery Date” or expressly agrees that delivery by that date is an essential condition of the order.

17.4 Where no Guaranteed Delivery Date has been expressly accepted, the Customer acknowledges that production and freight timeframes are estimates and accepts responsibility for ordering sufficiently early for the Customer's intended use.

17.5 To the maximum extent permitted by law, Printofy is not responsible for losses arising merely because goods do not arrive in time for an event or intended use where Printofy did not expressly agree to the relevant date as a Guaranteed Delivery Date.

18. CUSTOMER-CAUSED DELAYS

18.1 Printofy is not responsible for delay caused or contributed to by the Customer, including delay in:

approving proofs;

supplying artwork;

replying to correspondence;

confirming sizes;

confirming colours;

confirming substitutions;

making payment;

correcting artwork;

providing delivery information; or

providing other required instructions.

18.2 Material changes requested after approval may require production to restart and may result in additional costs and a new estimated completion date.

19. FORCE MAJEURE AND EVENTS OUTSIDE REASONABLE CONTROL

19.1 To the maximum extent permitted by law, Printofy will not be liable for a delay or failure to perform caused by an event outside its reasonable control that it could not reasonably have prevented or overcome.

19.2 Printofy's time for performance will be extended for the duration reasonably attributable to such circumstances.

19.3 Printofy will take reasonable steps to mitigate the effect of the event.

19.4 Nothing in this clause removes a statutory right that the Customer may have if the delay ultimately becomes unreasonable or another consumer guarantee is not satisfied.

20. SHIPPING AND TRANSIT

20.1 Printofy may use Australia Post, StarTrack, Aramex, TNT/FedEx, Team Global Express, CouriersPlease or another suitable carrier.

20.2 Carrier transit estimates are estimates supplied by or based upon the relevant freight provider and are not controlled by Printofy.

20.3 Unless Printofy expressly guarantees a delivery date, dispatch by Printofy and physical delivery by the carrier are separate stages.

20.4 Printofy is not responsible, to the extent permitted by law, for additional carrier transit time arising after timely dispatch where the delay is outside Printofy's reasonable control.

20.5 Where Printofy arranges freight, Printofy will reasonably assist with legitimate investigations concerning a parcel that is lost or damaged in transit.

21. DELIVERY ADDRESS

21.1 The Customer is responsible for providing a complete and accurate delivery address.

21.2 Costs reasonably incurred because the Customer supplied an incorrect or incomplete address, refused delivery or failed to collect a consignment may be charged to the Customer where legally permissible.

21.3 Where the Customer requests or authorises an “authority to leave”, safe-drop or similar unattended delivery arrangement, the Customer accepts the additional risks reasonably associated with that instruction.

21.4 Courier tracking information, delivery scans, photographs, signatures and GPS delivery records may be relied upon as evidence of dispatch or delivery, but do not prevent either party from producing contrary evidence.

22. PARTIAL DELIVERIES

22.1 Printofy may dispatch an order in more than one consignment where reasonably required by stock availability, production scheduling or freight considerations.

22.2 A partial shipment does not of itself constitute a failure to supply the balance of the order.

23. DISCRETIONARY REFUNDS

23.1 Printofy may, in appropriate circumstances, choose to provide a refund, partial refund, credit, voucher, replacement, remake or other commercial resolution even where Printofy is not legally required to do so.

23.2 Any such resolution is a discretionary commercial settlement and does not constitute:

(a) an admission of liability;

(b) an admission that the goods or services were defective;

(d) a precedent requiring Printofy to provide the same resolution in another matter.

23.3 Where a Customer requests cancellation of Custom Goods and Printofy voluntarily agrees to a refund before delivery, Printofy may take into account reasonable costs already incurred in connection with the order, including garments purchased, artwork preparation, transfers, embroidery setup, production labour, freight and other unrecoverable costs, except to the extent the law requires otherwise.

23.4 The terms of a discretionary refund should be confirmed in writing.

23.5 Where Printofy provides a discretionary full refund for Custom Goods that have already been manufactured and Printofy is not legally required to allow the Customer to retain those goods, Printofy may require the goods to be returned or retained by Printofy as a condition of the discretionary settlement.

23.6 Upon a discretionary full refund for goods retained or recovered by Printofy, title in those goods belongs to Printofy to the extent permitted by law.

23.7 Printofy may then, where lawful and commercially appropriate:

de-brand the goods;

remove or cover decoration;

reuse components;

recycle them;

donate them;

resell them;

or otherwise dispose of them.

23.8 To the extent necessary to deal with goods under clause 23.7, the Customer grants Printofy a limited, non-exclusive, royalty-free licence to retain Customer artwork as physically incorporated into those particular goods. This licence does not authorise Printofy to manufacture additional merchandise bearing the Customer's branding or represent that Printofy is associated with or endorsed by the Customer.

24. FAULTY OR NON-CONFORMING GOODS

24.1 Customers should inspect goods as soon as reasonably practicable after delivery.

24.2 Visible shortages, incorrect goods, printing errors or obvious transit damage should preferably be reported to orders@printofy.com.au** within five calendar days of delivery** so that the issue can be investigated promptly.

24.3 Photographs and reasonable supporting information should be supplied where available.

24.4 The five-day notification request is an administrative claims procedure only and does not extinguish any statutory right that cannot lawfully be limited by time.

24.5 Printofy is entitled to reasonably inspect and assess goods before determining the appropriate remedy, except where the law requires otherwise.

24.6 Where only particular units within a larger order are affected by a minor problem, the remedy will ordinarily relate to the affected units rather than unaffected goods, subject to the Customer's statutory rights.

25. MINOR PROBLEMS

25.1 Where a problem constitutes a minor failure under the ACL, Printofy may provide an appropriate remedy in accordance with the ACL, which may include repair, re-performance, replacement or another lawful remedy.

25.2 Printofy must be given a reasonable opportunity to assess and rectify a minor problem where the ACL provides Printofy with that opportunity.

26. MAJOR FAILURES

26.1 Nothing in these Terms restricts the remedies available where goods or services suffer a major failure under the ACL.

26.2 Where the Customer is legally entitled to choose between remedies for a major failure, these Terms do not remove that choice.

27. CHANGE OF MIND – PLAIN, UNDECORATED GOODS

27.1 Printofy is not legally required to provide change-of-mind refunds.

27.2 As a voluntary policy, Printofy may permit eligible plain, undecorated goods to be exchanged if the request is made within seven calendar days and the goods remain unused, unwashed, undamaged, with original tags and packaging.

27.3 Custom Goods, decorated goods, sale items and specially procured goods are excluded from this voluntary policy.

27.4 Return freight for an approved change-of-mind exchange is the Customer's responsibility unless Printofy agrees otherwise.

27.5 This clause does not apply where a statutory remedy is available.

28. CARE OF PRINTED AND EMBROIDERED PRODUCTS

28.1 The Customer must follow garment and decoration care instructions.

28.2 Unless another method is specified, Customers should ordinarily:

wash garments inside out;

use an appropriate cool or gentle wash;

avoid bleach;

avoid direct ironing over decoration;

avoid excessive heat; and

avoid tumble drying where the applicable garment or decoration instructions prohibit it.

28.3 Damage caused by misuse, inappropriate laundering, excessive heat, chemicals, abrasion or failure to follow care instructions will not ordinarily constitute a manufacturing defect.

28.4 This clause does not affect statutory rights where a product fails to meet an applicable consumer guarantee.

29. CUSTOMER-SUPPLIED GARMENTS

29.1 Printofy may agree to decorate Customer-supplied garments at its discretion.

29.2 Customer-supplied garments may react differently to heat, pressure, inks, embroidery, adhesives or other production processes.

29.3 The Customer must disclose any special properties or replacement value of Customer-supplied goods before production.

29.4 To the extent permitted by law, Printofy is not responsible for an inherent defect or incompatibility in Customer-supplied goods that could not reasonably have been identified before processing.

30. PAYMENT

30.1 Unless Printofy has approved trading-account terms in writing, payment is required before production.

30.2 An order will not necessarily enter the production queue until cleared payment is received.

30.3 Prices are subject to GST where applicable and will be identified as inclusive or exclusive of GST on the relevant product page, quote or invoice.

31. PAYMENT DISPUTES AND CHARGEBACKS

31.1 A payment dispute or chargeback does not automatically determine whether a debt is legally payable.

31.2 Where a Customer initiates a chargeback, payment reversal or payment-provider dispute, Printofy may provide the payment provider with relevant records including:

order confirmations;

proof approvals;

emails and communications;

invoices;

payment records;

artwork;

production records;

tracking information;

proof of delivery; and

these Terms.

31.3 If funds are reversed or withheld despite Printofy having validly supplied the goods or services and the Customer has no lawful entitlement to retain the reversed amount, the underlying debt remains payable to the extent permitted by law.

31.4 Printofy may seek reasonable debt-recovery expenses actually incurred as a result of recovering an overdue amount where legally recoverable.

31.5 Nothing in this clause prevents a Customer from exercising a legitimate right to dispute a transaction or exercise rights under the ACL or applicable payment-provider rules.

32. TITLE TO GOODS

32.1 To the extent permitted by law, title to goods remains with Printofy until the purchase price for those goods has been paid in full.

32.2 This clause does not affect any statutory rights or obligations concerning risk, delivery or consumer guarantees.

33. FREE GIFTS

33.1 Free gifts are subject to the conditions of the relevant promotion and availability.

33.2 A promotional gift is not ordinarily redeemable for cash unless expressly stated.

33.3 If a Customer receives a discretionary cancellation or change-of-mind refund which causes the underlying order to cease satisfying the eligibility requirements for a promotional gift, Printofy may require the unused gift to be returned as part of the agreed discretionary settlement.

33.4 Any substitution of a promotional gift will be reasonable and of substantially equivalent character or value where practicable.

34. LIMITATION OF LIABILITY

34.1 This clause applies only to the extent permitted by law.

34.2 Nothing in these Terms excludes liability which cannot legally be excluded.

34.3 Where Printofy has not expressly accepted a Guaranteed Delivery Date, the Customer acknowledges that Printofy does not accept responsibility merely because an estimated production or carrier timeframe changes.

34.4 To the maximum extent permitted by law, Printofy is not liable for indirect, special or consequential losses arising from a delay outside Printofy's reasonable control, including lost profits, lost business opportunities, event costs, venue costs, staff costs, promotional expenditure or reputational loss.

34.5 This clause does not exclude compensation which the Customer is legally entitled to recover under the ACL or another law that cannot be excluded.

34.6 If the Customer is purchasing goods for a particular critical purpose or date and wishes Printofy to accept responsibility for that purpose or date, the Customer must disclose it before ordering and obtain Printofy's written acceptance.

34.7 For claims that do not arise from a right or liability that cannot lawfully be limited, Printofy's aggregate liability in connection with an affected order will, to the maximum extent permitted by law, not exceed the amount paid to Printofy for the affected goods or services.

35. EMAIL COMMUNICATIONS

35.1 The Customer must supply a valid email address and monitor it for communications relating to the order.

35.2 Printofy may rely upon instructions received from an email address, customer account or proofing account nominated or used by the Customer in connection with the order unless Printofy has reason to believe the communication is unauthorised.

36. COMPLAINTS AND DISPUTE RESOLUTION

36.1 A Customer who believes there is a problem with an order should contact:

orders@printofy.com.au

and provide the order number and reasonable details of the issue.

36.2 The parties should attempt in good faith to resolve a dispute directly before commencing formal proceedings where it is reasonable to do so.

36.3 Nothing in this clause prevents either party from exercising a statutory right to approach a regulator, tribunal or court.

37. GOVERNING LAW

37.1 These Terms are governed by the laws applicable in Australia and, subject to any mandatory consumer jurisdiction or statutory entitlement, the laws of Tasmania.

37.2 Nothing in these Terms prevents a Customer from commencing proceedings in a court or tribunal where legislation gives the Customer a non-excludable right to do so.

38. SEVERABILITY

38.1 If any provision of these Terms is found to be unlawful, void, unenforceable or unfair, that provision is to be read down to the minimum extent necessary or severed where legally appropriate.

38.2 The remaining provisions continue to operate to the extent permitted by law.

39. NO WAIVER

39.1 A failure or delay by Printofy to enforce a contractual right on one occasion does not waive that right in another case.

39.2 A discretionary commercial settlement does not amend these Terms for future orders.

40. ENTIRE AGREEMENT

40.1 Subject to applicable law, the order confirmation, any expressly accepted quotation, the approved proof, these Terms and any other document expressly incorporated into the order constitute the agreement between Printofy and the Customer regarding that order.

40.2 The Customer should not rely upon an assumption, expectation or statement that is inconsistent with the written order documentation unless Printofy has expressly confirmed the variation in writing.

41. CHANGES TO THESE TERMS

41.1 Printofy may update these Terms from time to time.

41.2 Updated Terms apply to contracts entered into after the updated Terms become effective.

41.3 Printofy should retain historical versions so that the Terms applying to a particular order can be identified.

42. CONTACT DETAILS

Printofy
Owned and operated by: Aariz Industries Pty Ltd
ABN: 96 654 284 625

Email: orders@printofy.com.au

Website: printofy.com.au

Printofy operates as an online business using warehouse and fulfilment arrangements across Australia.

CUSTOMER ACKNOWLEDGEMENT

BY PLACING AN ORDER WITH PRINTOFY, THE CUSTOMER ACKNOWLEDGES THAT:

(A) they have been provided with access to these Terms before completing their purchase;

(B) they have read and agree to these Terms;

(C) custom-made and custom-decorated goods are not eligible for change-of-mind cancellation, refund or exchange after confirmation except where required by law or expressly agreed by Printofy;

(D) proof approval authorises Printofy to manufacture substantially in accordance with the approved proof;

(E) the standard 15–21 business-day production timeframe is an estimate commencing after final proof approval and satisfaction of all production requirements;

(F) courier transit time is additional unless otherwise expressly stated;

(G) production and delivery delays can occur and, in exceptional circumstances, fulfilment may extend materially, including up to approximately 14 weeks;

(H) an event date, requested date or estimated date is not a Guaranteed Delivery Date unless expressly accepted by Printofy in writing as such;

(I) nothing in these Terms excludes rights or remedies that cannot legally be excluded under the Australian Consumer Law; and

(J) electronic checkout, payment, quotation acceptance, email instructions and proof approvals may be retained by Printofy as records of the transaction and the Customer's agreement.

The part that will matter most at NCAT or in court

Having a strong document is only half of it. You need to prove the customer actually agreed to these terms before or when the contract was formed. The ACCC expressly recognises clicking “I agree” as a method by which a buyer may accept a contract. (accc.gov.au)

For Printofy, I would implement these measures:

Mandatory unticked checkout checkbox: “I have read and agree to Printofy’s Terms & Conditions of Sale, including the Custom Order Cancellation Policy and Delivery Timeframes.” Link “Terms & Conditions of Sale” directly to the page. Do not pre-tick it.
Timestamp the version: put “Terms Version: 28 August 2026 – v2026.08.28” on the page and preserve a PDF/snapshot of every historical version.
Record acceptance against the Shopify order: order number, date/time, customer email and the T&C version accepted.
Repeat the critical clauses in the order confirmation: “Custom order – no change-of-mind cancellation. Standard production estimate 15–21 business days after proof approval. Delivery dates are not guaranteed unless expressly confirmed in writing.”
Put the same acknowledgement on the proof approval screen: “By approving this proof I confirm the artwork and order details and authorise production under the Terms & Conditions accepted with my order.”
For email/manual orders, put the T&C link in the quotation and require something such as: “Please reply APPROVED to confirm this quotation and the Printofy Terms & Conditions of Sale.”
Make the delay warning prominent, particularly the possibility of exceptional delays. Do not rely solely on a buried clause. The ACCC says businesses should clearly disclose stock availability, likely timing and what happens if supply cannot occur on time. (accc.gov.au)
Keep the Terms, FAQ and product pages consistent. At present the website advertises 15–21 business days while the FAQ separately warns of exceptional delays up to 14 weeks. (printofy.com.au) I would make the wording identical across product pages, FAQ, checkout and Terms.
Remove “no refunds under any circumstances.” The ACCC specifically states that businesses cannot use “no refunds” policies to remove statutory consumer-guarantee rights. (accc.gov.au) Your contract is stronger if it says “no change-of-mind refund except where required by law.”
Do not call every chargeback fraud or theft. The stronger contractual position is the clause above: if payment is reversed but the customer was lawfully supplied and has no right to retain the money, the contractual debt remains outstanding. You can then rely on the order, proof approval, POD and checkout acceptance rather than making allegations you may have to prove.

The other major reason I drafted this more carefully is the unfair contract terms regime. Since 9 November 2023, proposing or relying upon an unfair term in a standard-form consumer or qualifying small-business contract can itself attract penalties. Small-business coverage now extends broadly to businesses with fewer than 100 employees or turnover below $10 million. (accc.gov.au) That is why balanced wording such as “to the extent permitted by law”, legitimate reasons for delay, and preserving ACL rights gives Printofy a substantially better litigation position than an absolute “Printofy is never liable” clause.

I would treat the draft above as a commercial solicitor-style working draft rather than a substitute for formal advice from a retained Australian lawyer, particularly before relying on it in live proceedings. But it is substantially more defensible than the current page and is structured specifically so that an order file can show a tribunal: the terms presented → customer acceptance → payment → proof approval → production → tracking/POD → correspondence. memcite

ORDERS AND CUSTOM PRODUCTION