Terms of service

These Terms and Conditions apply to all quotations, orders, goods and services supplied by Starwolf Print and Embroidery.

1. Definitions

In these Terms and Conditions:

“Starwolf”, “Supplier”, “we”, “us” or “our” means Star Wolf Custom Embroidery & Printing Pty Ltd trading as Starwolf Print and Embroidery, ABN 44696239120.

“Customer”, “Purchaser”, “you” or “your” means the individual, business, company, club, school, organisation or other entity purchasing Goods or Services from us.

“Goods” means all garments, merchandise, promotional products and other products supplied by us, whether decorated or undecorated.

“Services” means any services supplied by us, including embroidery, digitising, direct-to-film printing, direct-to-garment printing, screen printing, heat transfer application, artwork preparation and other decoration services.

“Custom Goods” means Goods that have been personalised, decorated, altered, manufactured, ordered specifically or otherwise prepared according to the Customer’s instructions.

“Customer Artwork” means any logo, design, image, illustration, wording, font, photograph or other material supplied or approved by the Customer.

“Artwork Proof” means a digital representation, mock-up or production proof showing the proposed artwork, layout, decoration method, approximate size and placement.

“Amount Due” means the price of the Goods and Services, together with GST, delivery charges, artwork fees, set-up fees, rush fees, handling fees and any other agreed charges.

2. Application of These Terms

These Terms and Conditions apply to all quotations, orders and agreements for the supply of Goods or Services by Starwolf.

By placing an order, paying an invoice, approving an Artwork Proof or instructing us to commence work, the Customer confirms that they have read, understood and agreed to these Terms and Conditions.

Any additional or different terms proposed by the Customer will not apply unless agreed to by us in writing.

Nothing in these Terms and Conditions excludes, restricts or modifies any right, guarantee, condition or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable legislation.

3. Quotations

Unless otherwise stated, quotations are valid for 14 days from the date of issue.

A quotation is an estimate based on the information available when it is prepared. Prices may change if:

the Customer changes the quantities, garments, products, artwork, colours, print locations or decoration method;
the supplied artwork requires more preparation than originally anticipated;
supplier prices, freight charges, taxes or other external costs change;
stock becomes unavailable and an alternative product is selected; or
additional work is requested.

A quotation does not reserve stock or production capacity unless a deposit or full payment has been received and we have confirmed the order.

4. Orders and Payment

Unless otherwise agreed in writing, full payment is required before:

stock is ordered from our suppliers;
artwork preparation or digitising begins;
production begins; or
completed Goods are dispatched or collected.

An order is not confirmed until we have received the required payment and issued an order confirmation or otherwise confirmed acceptance in writing.

For approved account customers, payment must be made in accordance with the payment terms shown on the invoice.

We may place an order on hold or suspend production if an invoice, deposit, artwork fee or additional charge remains unpaid.

Ownership of the Goods remains with Starwolf until all Amounts Due have been paid in full.

5. Prices and GST

Unless stated otherwise, prices displayed or quoted are in Australian dollars and include GST where applicable.

Prices may change without notice. However, price changes will not normally affect an order that we have already accepted and received payment for, unless:

the Customer changes the order;
incorrect pricing was displayed due to an obvious error;
additional work becomes necessary; or
a substituted product or service is selected.

Non-stocked, special-order and custom-manufactured Goods will be quoted separately.

6. Order Changes and Cancellations

6.1 Changes before production

The Customer must contact us as soon as possible to request a change.

We may accept a change before stock has been ordered, artwork has been prepared or production has commenced. Any accepted change may result in:

additional charges;
a revised quotation;
a new turnaround time;
additional artwork or set-up fees; or
additional delivery charges.

6.2 Changes after work has commenced

Once stock has been ordered, artwork preparation has commenced, an Artwork Proof has been approved or production has started, the order may not be changed or cancelled without our written agreement.

Where we agree to a change or cancellation, the Customer must pay for all costs already incurred, which may include:

ordered garments or merchandise;
supplier cancellation or restocking fees;
freight charges;
artwork preparation;
digitising;
samples;
labour;
completed decoration work; and
administration costs reasonably incurred in processing the change.

6.3 Custom Goods

Custom Goods cannot be cancelled, returned or exchanged because of a change of mind once production has commenced.

This does not affect any rights the Customer may have under the Australian Consumer Law in relation to faulty Goods, Goods that do not match the approved specifications or other failures to comply with a consumer guarantee.

6.4 Adding products

Products generally cannot be added to an order after it has entered production or fulfilment.

Additional products may need to be processed as a separate order and may incur separate set-up, minimum-order, production and delivery charges.

7. Stock Availability and Substitutions

All Goods are subject to availability.

Stock displayed on our website, supplier catalogues or other sales material may become unavailable without notice.

If an ordered item is unavailable, we may offer the Customer:

a back order;
an alternative product;
a different colour or size;
a partial shipment; or
a refund for the unavailable item.

We will not substitute a materially different product without obtaining the Customer’s approval.

Slight differences between product batches, including differences in colour, shade, texture, measurements, fabric weight, fit and construction, may occur and are not necessarily defects.

8. Turnaround Times

Unless otherwise agreed, standard production generally takes approximately 5 to 10 business days after:

payment has been received;
all required stock has arrived;
suitable artwork has been supplied;
the Artwork Proof has been approved in writing; and
all order details have been confirmed.

Turnaround times are estimates only and may vary depending on:

order quantity;
product and stock availability;
artwork complexity;
decoration method;
production capacity;
supplier delays;
public holidays;
equipment maintenance or breakdown;
freight delays; and
events outside our reasonable control.

Turnaround time begins when all information, stock, payment and approvals required to complete the order have been received.

Turnaround time ends when the order is ready for collection or has been dispatched. Delivery time is additional.

Rush production may be available by prior arrangement and may incur an additional fee. Acceptance of a rush order is subject to stock availability and production capacity.

We will make reasonable efforts to meet agreed deadlines but are not responsible for delays caused by the Customer, suppliers, freight providers or events outside our reasonable control.

9. Artwork Proofing and Approval

9.1 Proof requirement

A digital Artwork Proof will normally be provided for new artwork before production begins.

Production will not commence until we receive the Customer’s written approval. Approval may be provided by email, through our website or through another written communication method accepted by us.

A statement such as “approved”, “proceed”, “looks good” or words with a similar meaning will be treated as final approval.

9.2 Purpose of the Artwork Proof

The Artwork Proof is intended to show:

the artwork being used;
spelling and wording;
approximate decoration size;
approximate positioning;
general layout;
decoration method; and
general colour selection.

The Artwork Proof is a digital representation only. It is not a photograph or exact representation of the finished Goods.

The size, texture, colour and positioning of the finished decoration may vary slightly because of garment construction, fabric characteristics, production tolerances and the decoration method used.

9.3 Customer responsibility

The Customer must carefully review the entire Artwork Proof before approving it.

This includes checking:

spelling, grammar and punctuation;
names, dates and contact details;
phone numbers, websites and addresses;
logo version and orientation;
colours;
quantities;
garment styles and colours;
decoration method;
artwork size;
artwork placement; and
all other content and specifications.

We recommend reviewing the proof on a desktop or appropriately calibrated screen rather than relying only on a mobile device.

9.4 Authority to approve

The person approving the Artwork Proof warrants that they have authority to approve the artwork and order on behalf of the Customer.

Starwolf is not responsible for internal communication or authorisation failures within the Customer’s business or organisation.

Approval provided by the Customer’s employee, representative or authorised contact will be treated as approval by the Customer.

9.5 Approval is final

Once the Artwork Proof has been approved, the order will be produced using the approved artwork and specifications.

The Customer is responsible for errors that were visible in the approved Artwork Proof, including errors in spelling, wording, layout, colours, artwork selection, size or positioning.

If the Customer discovers an error after approval, they must contact us immediately. We will attempt to stop production where reasonably possible but cannot guarantee that production can be stopped.

Changes requested after approval may incur additional artwork, material, production and labour charges and may delay the order.

This clause does not exclude Starwolf’s responsibility for a production error where the finished Goods materially differ from the approved Artwork Proof or agreed specifications.

10. Artwork Response Time and Storage

The Customer must approve or provide feedback on an Artwork Proof within 14 business days after it is sent.

We may make reasonable attempts to contact the Customer using the contact details provided.

If the Customer does not respond within 14 business days:

the order may be placed on hold;
the production schedule and estimated completion date may be cancelled;
storage fees may apply after reasonable notice;
stock availability may no longer be guaranteed; and
additional charges may apply if stock must be reordered or the order is later changed.

Where plain stock has been specially ordered and cannot reasonably be returned to our supplier, we may require the Customer to accept and pay for that stock.

We will not dispatch undecorated stock without first giving the Customer reasonable written notice of our intention to do so.

The Customer is responsible for ensuring their email address and telephone number are correct and for checking spam or junk folders for communications from us.

11. Colour Selection and Colour Matching

11.1 Digital colour variation

Colours displayed on monitors, phones, tablets and printed proofs may differ from the colours of finished Goods.

Screens generally display colours using RGB, while printing processes may use CMYK, white ink, spot colours or other ink systems. Embroidery uses physical thread colours.

Colour appearance can also be affected by:

screen settings;
lighting;
garment colour;
garment fabric;
ink absorption;
underbase printing;
transfer materials;
thread type;
print method; and
differences between production batches.

11.2 Pantone colours

Where colour accuracy is important, the Customer should provide the relevant Pantone Matching System colour references.

Pantone references improve colour consistency but do not guarantee an exact match across all decoration methods, garment materials, inks, transfers and embroidery threads.

11.3 Colour selection without Pantone references

Where the Customer does not provide Pantone references, we will select colours using our reasonable professional judgement based on:

the Customer Artwork;
available print colours;
available embroidery threads;
the decoration process; and
the appearance of the artwork on our production systems.

The Customer acknowledges that this is an interpretation and may not exactly match the colour shown on their screen or previously produced items.

11.4 Reorders and colour consistency

Minor colour variation may occur between separate production runs because of changes in:

garment batches;
ink batches;
thread dye lots;
production equipment;
suppliers;
transfer materials; and
fabric composition.

Where an exact colour match is essential, the Customer should request and approve a physical sample before full production. Sample and set-up charges may apply.

12. Customer-Supplied Artwork

12.1 Ownership and permission

By supplying Customer Artwork, the Customer warrants that:

they own the artwork; or
they have obtained all licences, permissions and consents necessary for Starwolf to reproduce and use the artwork for the order.

The Customer also warrants that the Customer Artwork does not infringe any third-party copyright, trademark, design right, patent, privacy right, publicity right or other legal right.

12.2 Indemnity

To the extent permitted by law, the Customer indemnifies Starwolf and its directors, employees and contractors against claims, losses, liabilities, damages and reasonable legal costs arising from an allegation that Starwolf’s authorised use of the Customer Artwork infringes a third party’s rights.

This indemnity does not apply to the extent that a claim was caused by Starwolf using the Customer Artwork outside the Customer’s instructions or permission.

12.3 Artwork quality

The Customer must provide artwork in a suitable, high-quality format.

Preferred formats may include vector PDF, EPS, AI or other formats specified by us. Providing a file does not guarantee that it is suitable for production.

Low-resolution, pixelated, incomplete, corrupted or unsuitable artwork may:

produce a lower-quality result;
require recreation or adjustment;
incur artwork fees; and
delay production.

We will notify the Customer where significant artwork preparation is required.

12.4 Artwork alterations

Decoration processes may require technical changes to the Customer Artwork.

These changes may include:

simplifying small details;
increasing line thickness;
enlarging text;
removing fine elements;
changing gradients;
adding outlines;
adjusting spacing;
changing stitch paths;
reducing colours; or
applying an underbase.

Where these changes materially affect the appearance of the artwork, they will be shown on the Artwork Proof for approval.

12.5 Right to refuse artwork

We may refuse to produce artwork that we reasonably believe:

is unlawful;
infringes another person’s rights;
contains defamatory material;
promotes hatred, harassment or violence;
is obscene or seriously offensive;
impersonates another person or organisation;
is misleading or fraudulent; or
could expose Starwolf to legal or reputational risk.

13. Artwork Set-Up and Digitising Fees

New artwork may require an artwork set-up, digitising or design fee.

The applicable fee will be displayed on the website, included in the quotation or advised before work begins.

Unless otherwise stated, a standard artwork set-up fee includes:

reviewing the supplied artwork;
preparing the artwork for the selected decoration method;
creating an initial digital Artwork Proof; and
up to two reasonable amendment requests.

The fee does not include:

creating an entirely new logo;
extensive redrawing;
complex illustration;
multiple unrelated concepts;
changes to the original design brief;
additional logo versions;
excessive revisions; or
urgent artwork preparation.

Additional work will be quoted or charged at our current artwork rate.

Artwork preparation and digitising fees relate to the labour and technical work required to prepare the design. These fees are generally not refundable once that work has commenced, except where required by law.

14. Artwork Size and Position

14.1 Website size selections

A design-size selection such as “up to 100 mm wide” or “up to 300 mm wide” indicates a maximum decoration range and does not guarantee that every design will be produced at that exact width.

The final size may need to be adjusted because of:

the orientation and proportions of the artwork;
the smallest garment in the order;
seams;
pockets;
zippers;
buttons;
hoods;
vents;
reflective tape;
piping;
panels;
garment shape; or
the maximum production area of the selected decoration process.

14.2 Mixed garment sizes

Where an order contains a broad range of garment sizes, we may use one decoration size that fits the smallest garment to provide reasonable consistency across the order.

Different decoration sizes may be required where garments differ significantly in size or construction. Additional set-up or production charges may apply.

14.3 Placement

Placement selections indicate the general requested location.

Artwork may need to be repositioned slightly to avoid:

seams;
pockets;
hoods;
zippers;
reflective tape;
vents;
buttons;
garment panels; or
other obstructions.

Normal production tolerances apply to placement. Minor differences between individual garments are an inherent part of manual garment loading and decoration and are not necessarily defects.

Where a requested position is unsuitable, we may contact the Customer to approve an alternative.

15. Repeat Orders

Repeat orders will normally be produced using the artwork file and specifications previously approved by the Customer.

A new Artwork Proof will not automatically be provided for repeat artwork unless:

the Customer requests one;
the artwork is being changed;
the garment or decoration method has changed;
the previous production file is no longer suitable; or
we reasonably consider that a new proof is necessary.

The Customer must notify us before production if any change is required.

Minor variations may occur between repeat orders because of differences in garments, fabrics, inks, threads, suppliers, production equipment and manufacturing batches.

Previous pricing does not guarantee the same pricing for a repeat order.

16. Ownership and Use of Artwork Files

The Customer retains ownership of their original Customer Artwork.

Starwolf retains ownership of:

Artwork Proof layouts;
production-ready files created by Starwolf;
embroidery digitising files;
stitch files;
colour separations;
print-production files;
templates;
mock-ups;
technical settings; and
production methods created or developed by us.

Unless otherwise agreed in writing, artwork preparation and digitising fees cover preparation and use of these files for production by Starwolf. They do not automatically include the sale or transfer of editable or machine-production files to the Customer.

Artwork Proofs are supplied solely for reviewing and approving an order with Starwolf. They must not be supplied to another decorator or manufacturer for reproduction, quotation or production without our written permission.

The Customer may request the purchase or release of certain production files. Approval, availability and an additional release fee may apply.

17. Embroidery

Embroidery involves stitching thread directly into fabric. The Customer acknowledges that embroidery may result in:

minor puckering;
slight distortion;
small needle penetrations;
visible backing material;
variations in stitch direction;
reduced clarity in very small details or text; and
slight differences between individual garments.

We will select suitable backing, topping, needles, threads, stitch settings and production methods based on the garment and artwork.

Depending on the fabric and design, we may use one or more layers of stabilising material to support the embroidery.

Backing may remain visible on the inside of a garment after production. Excess backing will normally be trimmed, but backing located within or immediately around the embroidered design may remain to maintain stability.

Very small lettering, thin lines, gradients and intricate details may need to be simplified or enlarged.

Although we take reasonable steps to minimise puckering and distortion, these effects cannot always be completely eliminated, particularly on lightweight, stretch, waterproof, performance or highly flexible fabrics.

Minor puckering may reduce after washing in accordance with the garment’s care instructions.

18. Printing and Transfers

Different printing methods produce different finishes, textures, colour results and durability.

Printed colours may vary depending on the garment colour, fabric, weave, ink, transfer material and underbase.

The Customer acknowledges that:

print texture may be more noticeable on some fabrics;
prints may not cover seams, zippers, pockets or uneven surfaces evenly;
fine detail may be reduced on textured fabrics;
the colour of the garment may influence the finished print;
some fabrics require testing before production; and
decoration may affect the original care instructions or performance characteristics of the garment.

Goods must be washed and cared for in accordance with the care instructions supplied by Starwolf and the garment manufacturer.

Unless otherwise advised:

wash decorated garments inside out;
use a cold or gentle wash;
do not use bleach;
do not dry-clean unless confirmed as suitable;
do not iron directly over decoration; and
avoid high-temperature tumble drying.

Damage caused by incorrect washing, drying, ironing, chemicals, abrasion or misuse is not considered a production fault.

19. Customer-Supplied Garments and Products

We may agree to decorate garments or products supplied by the Customer.

Customer-supplied Goods are accepted at the Customer’s risk, subject to any rights that cannot lawfully be excluded.

The Customer must provide additional units where reasonably requested for testing, calibration or possible spoilage.

We may refuse to decorate Customer-supplied Goods that are unsuitable because of their:

fabric;
coating;
construction;
age;
condition;
contamination;
previous decoration;
waterproofing;
heat sensitivity; or
unknown material composition.

Decoration processes involve machinery, needles, heat, pressure, ink and adhesives. Although we take reasonable care, Customer-supplied Goods may be damaged during testing or production.

To the extent permitted by law, our liability for damage to Customer-supplied Goods is limited to the reasonable replacement value of the undecorated item and does not include the item’s retail resale value, sentimental value or consequential loss.

We are not responsible for hidden defects, manufacturing faults, coatings, treatments or material characteristics that make Customer-supplied Goods unsuitable for decoration.

20. Samples and Pre-Production Tests

The Customer may request a physical sample or pre-production test before full production.

Samples may incur charges for:

garments;
merchandise;
artwork preparation;
digitising;
printing;
embroidery;
set-up;
freight; and
labour.

A sample must be approved in writing before production if the Customer requires the full order to match that sample.

Minor variations may still occur between a sample and the final production run.

Where the Customer declines an offered sample, the order will be produced based on the approved digital Artwork Proof and agreed specifications.

21. Delivery and Collection

21.1 Delivery details

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

Additional freight or handling charges resulting from an incorrect address, failed delivery or redirection may be charged to the Customer.

We are not responsible for delivery delays caused by the freight provider or events outside our reasonable control. However, we will provide reasonable assistance with tracking and freight enquiries.

21.2 Multiple shipments

Orders may be delivered in more than one shipment where:

stock is supplied from different warehouses;
some items are on back order; or
partial delivery has been agreed.

21.3 Collection

The Customer must collect completed Goods within a reasonable period after being notified that they are ready.

If an order is not collected, we may provide written notice requiring collection by a specified date.

Reasonable storage charges may apply after that date.

21.4 Risk

Risk in the Goods passes to the Customer when:

the Goods are delivered to the Customer’s nominated address;
the Goods are collected by the Customer or their representative; or
the Goods are collected by a freight provider arranged directly by the Customer.

Nothing in this clause limits any responsibility that Starwolf has under applicable law for loss or damage occurring before delivery.

22. Inspection and Order Issues

The Customer should inspect the Goods as soon as reasonably possible after delivery or collection.

Any apparent issue involving quantities, sizes, decoration, damage or incorrect items should be reported to us promptly, preferably within seven business days.

The Customer should provide:

the order or invoice number;
a description of the issue;
the number of affected items; and
clear photographs showing the issue.

A failure to report an issue within seven business days does not remove any rights the Customer has under the Australian Consumer Law. However, prompt notification helps us investigate production and delivery issues.

The Customer must not wear, wash, alter, sell or distribute Goods that they believe are faulty or incorrect before giving us a reasonable opportunity to inspect them.

23. Faulty or Incorrect Goods

Our Goods and Services come with guarantees that cannot be excluded under the Australian Consumer Law.

Where Goods or Services fail to comply with an applicable consumer guarantee, the Customer may be entitled to a remedy such as repair, replacement, re-supply, refund or compensation, depending on the circumstances and whether the failure is major or minor.

A production fault may include:

decoration that materially differs from the approved Artwork Proof;
incorrect Goods supplied by Starwolf;
an incorrect quantity;
defective decoration workmanship; or
Goods that are otherwise not of acceptable quality as required by law.

The following are not necessarily production faults:

errors visible in an approved Artwork Proof;
minor placement tolerances;
minor colour variations;
normal garment manufacturing variations;
minor embroidery puckering;
differences between digital colours and physical colours;
damage caused by incorrect care or misuse;
normal wear and tear; or
issues caused by unsuitable Customer-supplied Goods or artwork.

We may require the Customer to return affected Goods for inspection before providing a remedy. Where the Goods are confirmed to be faulty and the Customer is entitled to a remedy, reasonable return costs will be handled in accordance with the Australian Consumer Law.

24. Coupons, Discounts and Promotions

Coupon codes and promotional discounts:

must be entered before an order is submitted;
are subject to their stated conditions;
cannot be applied after expiry;
may be limited to selected Goods or Services;
may not be combined unless expressly permitted; and
have no cash value.

We are not required to retrospectively apply a promotional discount where the Customer did not enter a valid code before completing the order, unless we agree otherwise.

If a coupon or promotion is affected by a website or system error, we may correct the price before accepting the order.

25. Limitation of Liability

Nothing in these Terms and Conditions excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified.

To the extent permitted by law, Starwolf is not liable for indirect, incidental, special or consequential loss arising from an order, including loss of profit, loss of opportunity, loss of business, loss of reputation or loss resulting from a delayed event, promotion or resale.

This limitation does not apply to loss caused by fraud, wilful misconduct, gross negligence or any liability that cannot lawfully be limited.

Where Starwolf’s liability may lawfully be limited, our liability will be limited, at our option, to:

replacing the Goods;
repairing the Goods;
supplying the Services again;
paying the reasonable cost of replacement, repair or re-supply; or
providing another remedy agreed with the Customer.

26. Force Majeure

Starwolf is not responsible for a delay or failure to perform an obligation caused by an event outside our reasonable control.

This may include:

natural disasters;
floods, fires or severe weather;
pandemics;
government restrictions;
industrial action;
transport interruptions;
supplier failures;
telecommunications or power outages;
equipment breakdown;
import delays; or
shortages of materials.

We will notify the Customer where reasonably possible and take reasonable steps to minimise the effect of the delay.

If a delay continues for an unreasonable period, either party may request cancellation of the uncompleted portion of the order. The Customer remains responsible for completed work, specially ordered stock and reasonable costs already incurred, subject to applicable law.

27. Privacy

We collect and use Customer information to:

prepare quotations;
process orders;
take payment;
prepare artwork;
communicate with the Customer;
arrange production and delivery;
manage accounts;
respond to enquiries; and
comply with legal obligations.

We may provide relevant information to suppliers, payment providers, software providers, contractors and freight companies where necessary to complete the order.

Personal information will be handled in accordance with our Privacy Policy and applicable privacy legislation.

28. Electronic Communications

The Customer agrees that quotations, invoices, approvals, notices and other communications may be provided electronically.

The Customer is responsible for maintaining accurate contact information and regularly checking the nominated email account.

Electronic approval and acceptance will have the same effect as written approval signed by the Customer, to the extent permitted by law.

29. Governing Law

These Terms and Conditions are governed by the laws of Queensland, Australia.

The parties submit to the jurisdiction of the courts and tribunals of Queensland and any courts entitled to hear appeals from them.

30. Severability

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision will be read down to the extent necessary.

If it cannot be read down, it will be removed without affecting the remaining provisions.