Terms of service: an agreement between you and PoisonBerry to enter and use this website and services. Please appreciate and understand that this is a legal world and that you, by not immediately leaving this website now or immediately after reading our terms of service are accepting our services under the terms of this agreement.
It is your obligation to keep yourself informed of any changes that may occur between visits, as using our services each time is under the condition that you accept all our terms and conditions. We may change our terms and conditions from time to time without expressly informing you.
Once received we will organise a replacement or a refund ASAP.
In the unlikely event you're unhappy with your product please follow these instructions to return / receive a new product: Email us at x.poisonberry.x@gmail.com with;
Once we have received this email we will organise a replacement /refund for you if the order meets our user agreement/return policy. You may have to return the product back to PoisonBerry.
We do not refund or exchange for change of mind, errors in approved proofs, errors from non 'print ready' artwork, shipping or stock delays or if the customer chooses the wrong garment size. # Note: sizing measurements online are within +-1.5cm, anything outside of this is faulty. Print dimension / print placement measurements are within +-2cm and anything outside of this is faulty. Proof approval is important and written approval is required before we can print a job. Payment of a job also constitutes approval.
Clients must ensure that the artwork, qty and shipping address is correct before payment is made. We do not accept returns for errors made by any of our couriers when we have dispatched to the correct address before the due date.
We guarantee our processing and printing timeframes on our orders, but in the unlikely event that there is an error due to the courier or Australia Post, we cannot take responsibility, but in this rare instance we can refund your shipping costs in full. If you order express shipping and your location is rural, international or not covered by the Australia Post National Express Post Network then we cannot take responsibility for shipping timeframes. Please contact us so we can look after you, well before your due date. We want you to receive your garments on time!
BYO supplied garments & apparel are supplied at the customer’s risk.
Whilst print errors are rare, please remember that if a print or production error occurs on BYO apparel, replacement items cannot be sourced by us & will not be reimbursed. If you have concerns regarding BYO apparel, it is suggested that you instead choose items from product range, as replacements will be sourced for these items in the unlikely event of an error.
Garments will not shrink if the correct washing guidelines on the t shirt labels are followed; if you believe the garment was washed correctly please send us an email following our return instructions. NOTE: ONLINE ORDERS OR ORDERS WHERE YOU UPLOAD YOUR OWN ARTWORK PoisonBerry takes great pride in its commitment to customer satisfaction. However, certain circumstances are beyond our control. Please note that we cannot be responsible for:
PoisonBerry is not responsible for checking or modifying your artwork if you upload it directly to the site; to make changes such as; colour changes, background removal or design work please email x.poisonberry.x@gmail.com or call us to discuss artwork before uploading your image to our designer.
NOTE: WHOLESALE, SCREENPRINTING & EMBROIDERY ORDERS
All orders placed over the phone, email or in person are subject to the the same return procedure and also the Proof Approval Disclaimer. Proof Approval Disclaimer: Verbal agreement, payment of an invoice or emailing a reply with approval constitutes authority to proceed.
Clients are requested to check thoroughly before approving. We have taken the utmost care creating your artwork, however are not liable for client error. Due to the production process, colours, position, size & scale are indicative only.
PoisonBerry's standard delivery time is shipping from 14 business days. This is because all items are custom printed per order.
Same Day Orders placed before 11am on a Monday-Friday will aim to be dispatched the same day and arrive on the next business day, dependent on the Express Post Network. Orders placed after 11am will be shipped out the following business day.
We are not held responsible for any technical problems or freight carrier delays on deliveries of goods if we ship out on time (prior to 5:00pm on a business day). We provide tracking numbers on all purchases. Once shipped we are not liable for any loss or damage of goods in transit from any transportation service such as Australia Post & Capital Transport.
In consideration of the promises and obligations given and assumed herein, and intending to be legally bound, these Terms of Use provide as follows.
PoisonBerry 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.
In these Terms of Use, unless the context indicates a contrary intention:
Users are and shall be wholly and exclusively responsible, at their own cost, for:
Users shall not and has no right to either:
USER ACKNOWLEDGES AND AGREES THAT PoisonBerry MAY IN ITS SOLE AND UNFETTERED DISCRETION, UNILATERALLY AND WITHOUT NOTICE, TERMINATE THESE TERMS OF USE, DISABLE AND DENY ACCESS TO THE USER TO THE WEBSITE AND THE SERVICES, AND TAKE LEGAL ACTION AGAINST ANY USER WHO ENGAGES IN ANY ACTIVITY OR CONDUCT THAT IS PROHIBITED BY THESE TERMS OF USE AND/OR BY ANY RELEVANT LAW, REGULATION OR RULE.
Subject to user complying with and discharging each of its obligations under these Terms of Use, PoisonBerry shall allow user to access and use the Website and the services .
PoisonBerry may collect personal data concerning the user in the course of and incidental to users use of the Website and services. PoisonBerry shall comply with, and user hereby consents irrevocably and unconditionally to PoisonBerrys 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).
Disclosure to Third Party Service Providers and Online Partners. We will only disclose your information to relevant third party service providers and online partners; The Print Bar to print and send our product/s and to Pay Pal who accepts our payments.
User acknowledges that PoisonBerry 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.
PoisonBerry reserves the right to modify the organisation, 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. PoisonBerry shall have complete discretion over the features, functions and other terms and conditions on which the Website and the service is made available.
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. PoisonBerry 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 PoisonBerry; to compete with; 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, PoisonBerry may revoke the licence and deny access to and use of the Website.
User acknowledges and agrees that PoisonBerry 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 PoisonBerry 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.
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 PoisonBerry of any unauthorised 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. PoisonBerry cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
User represents and warrants to PoisonBerry that, in its use of the Website and the Services provided, it:
PoisonBerry 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.
PoisonBerry provides the Website and Services on an "as is" and "as available" basis. Nothing in these Terms of Use shall or may be construed as a representation or warranty by PoisonBerry that the functionality or operation of the Website and/or the services will:
SUBJECT ONLY TO CLAUSE 8.1, ALL CONDITIONS, WARRANTIES, REPRESENTATIONS, INDEMNITIES AND GUARANTEES WITH RESPECT TO THE WEBSITE AND/OR ANY OTHER GOODS OR SERVICES THAT MAY BE PROVIDED BY PoisonBerry, THAT WOULD OTHERWISE BE IMPLIED BY STATUTE, LAW, EQUITY, TRADE CUSTOM, PRIOR DEALINGS BETWEEN THE PARTIES OR OTHERWISE (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, FITNESS FOR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT) ARE HEREBY EXPRESSLY EXCLUDED.
(a) User acknowledges that neither PoisonBerry nor any person acting on our 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 PoisonBerry, except for representations or inducements expressly set out in these Terms of Use.
Nothing contained in these Terms of Use excludes, restricts, limits or modifies any:
Subject only to Clause 8.1, in no event shall PoisonBerry 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:
PoisonBerry 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 PoisonBerry is not responsible for the operation of or content located on any such website, and PoisonBerry 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 PoisonBerry for any damages or losses of any kind arising from the other website and/or the link.
Subject to Clause 8.1, and except to the extent specifically excluded under Clause 8.2 or elsewhere in these Terms of Use, PoisonBerry'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.
User shall indemnify and hereby releases unconditionally PoisonBerry , 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.
(a) At any time and with or without cause, PoisonBerry 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 PoisonBerry. In no event shall any such termination or suspension by PoisonBerry 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
(a) On any expiry or termination of these Terms of Use, PoisonBerry 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 PoisonBerry 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.
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.
PoisonBerry 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 PoisonBerry services.
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.
(a) PoisonBerry 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.
(a) These Terms of Use shall be governed by and construed in accordance with the law in force for the time being in Australia (without regard to its conflict of law rules). (b) Each party irrevocably submits to the exclusive jurisdiction of the courts of Australia, and the courts competent to determine appeals from those courts, with respect to any proceedings that may be brought at any time relating to these.
