SALE TERMS, TERMS & CONDITIONS
Consumer Guarantees which are part of the Australia Consumer Law (ACL) applies.
Correspondence
These terms and conditions are applicable to you upon you receiving any correspondence via email or e-sign, placing an order and/or receiving an invoice and paying an invoice.
Order
An order placed with Kulture Enterprises Pty Ltd will not be started or processed until either a deposit of 50% of the total invoice or full payment of the invoice is received. Once payment is received, Kulture Enterprises Pty Ltd will send you an Pre-approval form for pre approval, then a final Artwork Approval Form where you will be able to insert your sizes and sign off on your order, artwork and copyright.
Payment
The goods invoiced remain the property of Kulture Enterprises Pty Ltd until paid for in full.
If goods aren’t paid for in full within 8 weeks of placing an order, Kulture Enterprises Pty Ltd will take action towards recovering your debt through a debt collector. You will be liable for any Debt Collection fees that occur due to recovering your debt with Kulture Enterprises Pty Ltd.
Artwork Approval – Final processing stage before manufacturing is started.
Once artwork approval is received:
- You acknowledge that you have checked the sizes and understand there is an allowance of -/+ 2.5cm for each component listed on the sizing chart
- Your quantities listed are correct, and the artwork is correct, being either sent by you, artwork produced by Kulture Enterprises Pty Ltd or artwork submitted by Kulture Enterprises Pty Ltd sent to you.
Sublimation Garments
If your design is detailed at any seam line, there is the chance the design can become misaligned or can lose part of the design due to the nature of the sewing of the seam lines together. In this instance, Kulture Enterprises Pty Ltd will not take responsibility for the finished garment/s looking different to the artwork’s visual presentation if the design involves having to line up across panels and seams. However, the production team will aim to ensure the design looks similar to the artwork’s visual presentation.
Cancellation
You may cancel your order at any time; however, any ordering of goods and decoration prints, etc, produced must be paid for in full. Any deposits or payments made cannot be refunded if you simply change your mind.
Transit
Kulture Enterprises Pty Ltd takes no responsibility for goods lost or damaged in transit. While every care is taken in properly packing all goods, mishaps can occur from the postage/courier service used, which is out of Kulture Enterprises Pty Ltd’s control. Where possible, Kulture Enterprises Pty Ltd will make every effort to send parcels via registered post, where a signature is required on delivery of the order.
Receiving Goods
Upon receiving goods, it is your responsibility to check them for any errors and ensure that the correct amount has been received. Any problems must be reported within 7 days of receiving goods. You will be required to complete a Return Authorisation form along with your return of the newly unused products. Your other printable products will only be re-issued free of charge if the issue was a direct result of Kulture Enterprises Pty Ltd. No responsibility will be taken for any errors in the finished decorated garment after the customer has signed off and approved.
Artwork – Copyright
By submitting your artwork (sketch, rough, drawing, digital form), you acknowledge that you are the copyright holder or you have permission to use the artwork. Any copyright infringement is the customer’s sole responsibility, and you will be held fully accountable for any criminal charges laid. Kulture Enterprises Pty Ltd takes no responsibility for any copyright infringement.
In instances where Kulture Enterprises Pty Ltd creates a digitally formatted artwork for you, it does not mean you are the copyright holder of the design or logo created. However, if you submit artwork/design/logo/sketch/painting/digital file that holds the copyright, the re-creation of the design into a digital format by Kulture Enterprises Pty Ltd will be classified as Joint ownership. You are able to obtain this digital file at cost. This will all be outlined in the Artwork Approval when signing off.
Artwork Charges
You will acknowledge that by paying for the artwork set-up fee or design recreation fee on the invoice, you are paying for the services for Kulture Enterprises Pty Ltd to create a digital format for the purposes of printing &/or artwork services.
Intellectual Property
You will also acknowledge that Pricilla Go Sam & Albert Bosen t/as Kulture Enterprises Pty Ltd uses their own intellectuality to create designs for customers where the customer has not submitted any or very little artwork, and in such a case, Pricilla Go Sam & Albert Bosen t/asKulture Enterprises Pty Ltd is the copyright holder of the digital formatted design. Copyright is owned by Kulture Enterprises Pty Ltd unless specified otherwise on the visual presentation page/s of Artwork Approval. Legal action will be sought if any designs created by Pricilla Go Sam & Albert Bosen t/as Kulture are used for any other purpose other than the production of banners, signs, posters, apparel or other printable products manufactured by Kulture Enterprises Pty Ltd, unless written permission is sought from Pricilla Go Sam t/as Kulture.
Copyright Infringement
Kulture Enterprises Pty Ltd will not take any responsibility for any copyright infringements or legal issues relating to copyright or intellectual property that are being investigated or dealt with by a legal representative due to another person, company, business or third party relating to seeing your design/logo or artwork on any apparel, signs, banners, flyers, Kulture Enterprises Pty Ltd website, emails etc manufactured or supplied by Kulture Enterprises Pty Ltd. The customer is responsible for ensuring the protection and the copyright of their own design/logo or artwork.
Marketing
Kulture Enterprises Pty Ltd has the right to display any uniforms they have manufactured for you for marketing purposes, such as Internet websites, posters, flyers, letters, emails etc. However, if you 100% own the copyright of a design Kulture Enterprises Pty Ltd has manufactured, you have the right to NOT have your design &/or manufactured apparel, signs and banners displayed in any of the marketing material. It is the customer’s responsibility to submit an email or letter informing this before production is started.
Production
Production of garments will not be started until the signed artwork approval form has been signed in the requested place and also a signature on the terms and conditions of sale page, indicating reading and acknowledging you have read and understood the Terms & Conditions of sale.
Turn-around Time
SUBLIMATION GARMENTS ONLY: Turn-around time is 4-6 weeks for sublimated apparel after artwork approval has been signed off on and received by Kulture Enterprises Pty Ltd. Production of your order will not be started without a fully signed Artwork Approval form received by Kulture Enterprises Pty Ltd.