Terms & Conditons

By accessing and using this website and services, you agree to the terms of service which constitute a binding agreement between you and EMTE CULTURE. It is important that you understand that these terms are legally binding, and by continuing to use our services, you are accepting these terms.

It is your responsibility to stay informed of any updates or changes to these terms and conditions that may occur 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 EMTE CULTURE Services

• Create, design, customize products that are listed for sale.
• Buy products that are listed for sale.
• Save and share designs that you may have created.
• Use our fun picture and design tools.
• Save created images and designs into public and personal galleries.
• Post your created images to social networks or bloggs that you have the legal right to do so.
• Registering to subscribe to special offers and use of galleries.

 

1.1 EMTE CULTURE Refund Policy
Our commitment to quality is unwavering, and we strive to maintain a high level of excellence in every print we produce for our valued customers. In the unlikely event that you are dissatisfied with your purchase, please review the instructions below to initiate a return.

What can be returned

• Faulty, damaged or items with faulty print may be returned for a replacement or refund.
• Returns are accepted only if within 14 days of purchase receipt.
• Returned items must be in their original condition and packaging.
• Noticeable wear on items renders them ineligible for an exchange or refund.
• BYO or supplied garments are not eligible for refund.
• Supplying garments to Create Apparel is done at your own risk.
• All returns must comply with the company's Terms & Conditions.

What cannot be returned

• Refunds or exchanges are not provided for a change of mind, errors in approved proofs, non-'print ready' artwork, shipping delays, or supplier stock delays.
• Incorrect garment size selections are not eligible for returns or exchanges.
• Sizing measurements may vary by +/- 2.5cm; deviations outside of this tolerance are considered faulty.
• Print dimensions and placement are accurate within +/- 2-3cm; exceeding this allowance is deemed faulty.
• Payment for an order indicates acceptance of the proof; the customer is responsible for ensuring the artwork, quantity, and shipping address are correct.
• Returns cannot be accepted for third-party courier mistakes after order dispatch to the customer's address.

Shipping charges for products returned
The individual returning the product to Create Apparel is responsible for covering all shipping fees associated with the return. Kindly be informed that we do not provide reimbursement for shipping charges. In case you request a refund, the initial payment method will be used to refund you the purchase price, excluding any delivery fees.

To Return Your Item
Email EMTE CULTURE requesting a RMA (Return Merchandise Authorization) and provide the following information;

• Your name
• Order number
• Date of purchase
• What garment/s you would like to return
• A short description of the manufacturing and/or print error
• Photograph of garment

Once we receive your email, our team will review your RMA request and contact you to discuss what options are available.

Please note:
* All garment/s must be returned to EMTE CULTURE in order to receive a replacement or refund.
* It is the customer's responsibility to return garment/s within two (2) weeks of EMTE CULTURE issuing / approving the RMA request.
* EMTE CULTURE will require up to 5 working days to process your claim.

1.2 Production Timeframes

Same Day Production = 1 business day production + shipping
Our Same Day Orders range guarantees dispatch on the day of your order, provided that the order is placed before 10:00 am from Monday to Friday.
If you order after this cut off time, your order will be processed and prepared for dispatch or collection on the next business day.
Dispatch starts from 2:30 pm onwards for all Same Day Orders.

Rush Order Fee = 3 - 4 business days production + shippingAt checkout, you have the option to add a Rush Order Fee to expedite your order processing time.
Typically, your order will be ready for dispatch or collection within 3-4 business days from the placement of your order.
However, as our warehouse does not stock every product in every size and color, certain items need to be sourced from suppliers, which may take longer to fulfill.
In such cases, our team will reach out to you via email and provide an estimated delivery time for your order.

Standard Production = 7 business days production + shipping
Standard production orders typically take 7 business days to process, but they often get dispatched before the scheduled time.
However, if you require urgent dispatch of your order, we recommend using our Same Day Orders or Rush Order Fee service.
 

Ordering Same Day Order items and Standard Production items together?
It's important to note that adding a Same Day item to your order doesn't affect the production time for your order. Standard production times will still apply.
While we will make every effort to process your order as quickly as possible, any delays due to stock availability or other factors will be communicated to you promptly by our team.

1.3 Delivery Timeframes
At EMTE CULTURE, we take great pride in meeting and often exceeding our processing and printing timeframes. However, some circumstances are beyond our control. In the rare event that there is a delay due to the freight carrier, we cannot be held responsible for their delays.

If you opt for a rush order and your location is rural, international, or not covered by the Australia Post National Express Post Network, we cannot guarantee shipping timeframes. Therefore, we recommend that you call us beforehand to ensure that the necessary stock is available to avoid any potential delays.

In case of a delay arising from supplier stock availability, we will still expedite the production of your order as much as possible. However, please note that any delay due to stock or shipping does not entitle you to a refund since we will still process, print, and ship your order within an accelerated timeframe.

1.4 Shipping Policies
We offer four types of delivery services to our customers. You may opt for standard shipping, courier service, click and collect, or arrange for your own courier pick up.

Here are the delivery options we offer along with their respective delivery times:

• Standard Shipping: Production time plus 7 days for delivery.
• Courier Service: Production time plus 2 days for delivery.
• Click & Collect: Production time plus 0 days for delivery.
• Organize Your Own Courier: Production time plus 0 days for delivery.

 

Click and Collect Hours:
Monday - Thursday: 8:30 am - 4:00 pm
Friday: 8:30 am - 3:00 pm
Weekends & Public Holidays: Closed

Please note that we cannot be held responsible for any technical glitches or freight carrier delays that may occur during the delivery of your goods. However, we do provide tracking numbers for all purchases, and you will receive an email with tracking details once your order is complete.

In the case where you choose to arrange your own courier pick up, we will send you all the parcel details you need to arrange for the delivery.

Please make sure to send any consignment labels to EMTE CULTURE in a timely manner to avoid any issues.
Please be aware that we cannot be held responsible for unsuccessful courier pick ups if the consignment label has not been sent prior to the scheduled pick up time or if the pick up attempt is made outside our hours of operation.

1.5 Lost / Damaged Parcels
We would like to clarify that we cannot be held liable for any loss or damage to goods that may occur while they are in transit with a freight carrier.

In the rare event that your order has not been delivered within the specified timeframes, we suggest contacting the freight carrier immediately and filing an enquiry through their website. If you notify us of the issue, we can also lodge an enquiry with the freight carrier on your behalf. Please keep in mind 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.

Please note that we can only reprint or refund an order if the freight carrier deems the parcel/s to be "lost". It's important to be aware that most freight carriers maintain records for a maximum of 30 days, and after this period, they will not accept responsibility for any loss. Therefore, 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.

1.6 Stock Availability
At EMTE CULTURE, we take pride in offering our customers a diverse range of garment options to choose from. However, there are times when our suppliers may run out of stock for certain items.

If this occurs and an item/s 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.

Please note that EMTE CULTURE cannot be held responsible for any out of stock items from our suppliers. Nonetheless, we will do our best to work with you and ensure your satisfaction with your purchase.

1.7 Washing Instructions
To maintain the quality and longevity of your garment and its prints, it is important to follow the washing guidelines on the t-shirt label. We recommend the following:

• Wash on a cold, gentle cycle
• Wash the garment inside out
• Do not tumble dry
• Dry the garment in shade, away from direct sunlight
• If ironing is necessary, iron the garment inside out
• Avoid using harsh chemicals

Following these instructions should prevent your garments from shrinking. However, please note that the durability of your garments and prints is ultimately determined by your care and maintenance. By adhering to these washing guidelines, you can ensure that you get the most wear out of your garments.

2 Using our EMTE CULTURE 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
EMTE CULTURE 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:

• Intellectual Property Rights means all industrial, commercial and intellectual property rights (including equivalent, neighbouring or proximate rights anywhere in the world that currently exist or are recognised in the future).
• A person means any form of legal entity as well as any quasi-legal entity.
• A User means any person using the website and/or services provided by Piki Print
• A reference to any document, material, information or data includes that document, material, information and data howsoever stored, recorded or embodied, including in any electronic or digital media or otherwise.
• The word includes in any form is not a word of limitation.

 

3 User's Obligations
3.1 Responsibilities
Users are and shall be wholly and exclusively responsible, at their own cost, for:

1. all telecommunications lines, modems, communication controllers, routers, multiplexers, terminals and all other equipment, hardware and software necessary to access and use the Website and services;
2. the use that it makes of the Website , including any article, material, literary or artistic work, design or other matter that they author, invent, create, develop or produce;
3. complying with all laws, regulations and rules in the uses country or jurisdiction;
4. complying with any recommendations or guidelines issued by EMTE CULTURE with respect to the use of the Website and/or services and
5. ensuring that all electronic or other media it uses in connection or in conjunction with the Website and the services provided complies with these Terms of Use and all applicable laws, regulations and rules.

3.2 Restrictions on Users
Users shall not and has no right to either:

1. reproduce, publish, distribute, sub-license and/or resell either the Website and/or service to any person; or
2. use either the Website to supply any service to any person; or
3. modify, adapt, disassemble, recompile and/or reverse engineer either the Website or service;
4. access or use either the Website and/or service to create, author, design, manufacture, market, publish, transmit, broadcast, distribute or sell any article, product, material or other matter that either:
   • infringes the rights of any person, including, without limitation, Intellectual Property Rights, trade secrets, rights of privacy and publicity.
   • is libellous, defamatory or slanderous,
   • condones, promotes, contains or links to adware, cracks, hacks or similar utilities or programs,
   • contains explicit sexual content,
   • does or may denigrate or offend any ethnic, racial, gender, religious or other group, through use of language, images, stereotypical depiction or otherwise,
   • is designed to or does harass, threaten, defame or abuse others,
   • exploits images or the likeness of minors,
   • encourages the use of drugs or the under-age use of alcohol or cigarettes, or
   • is generally offensive or in bad taste;
5. use "Spam", "blast-faxes" or recorded telephone messages to market or sell any products or services,
6. use, transfer or implant a virus, routine or any computer program or technology that disrupts, disables, interferes with or otherwise has a detrimental affect on the Website and/or the PIKIWARE® Platform,
7. take any action that imposes any unreasonable or disproportionately large load on the Website or the Service,
8. use a robot, spider or other device or process to monitor the activity on or copy pages from the Website or the Service,
9. collect electronic mail addresses or other information from our Website,
10. impersonate another person or entity,
11. engage in any activity that interferes with any persons ability to use or access the Website and/or services, or
12. assist, procure or aid any person to engage in any activity prohibited by these Terms of Use; or
13. frame or link or otherwise use or display the Website in such a manner so that it appears to be part of its own or someone else's website, without specific agreement.

The user acknowledges and agrees that EMTE CULTURE 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. EMTE CULTURE 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, EMTE CULTURE shall allow user to access and use the Website and the services .

4.2 Privacy
EMTE CULTURE may collect personal data concerning the user in the course of and incidental to users use of the Website and services. EMTE CULTURE shall comply with, and user hereby consents irrevocably and unconditionally to EMTE CULTUREs 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 EMTE CULTURE 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
EMTE CULTURE 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. EMTE CULTURE 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. EMTE CULTURE 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 EMTE CULTURE; 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, EMTE CULTURE may revoke the licence and deny access to and use of the Website.

5.2 Prohibition on infringement
User acknowledges and agrees that EMTE CULTURE 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 EMTE CULTURE 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 EMTE CULTURE 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. EMTE CULTURE 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 EMTE CULTURE that, in its use of the Website and the Services provided, it:

1. will not infringe the Intellectual Property Rights, trade secrets, rights of privacy, rights of publicity or other legal right of any person, and
2. will comply with all applicable laws, rules, and regulations.
3. User further represents and warrants to EMTE CULTURE that:
4. there are no claims, demands or any form of litigation pending, or to the best of its knowledge, threatened with respect to any content used or proposed to be used by user;
5. EMTE CULTURE will not be required to make any payments or compensation to any person in connection with its use of such content; and
6. such content does not contain viruses or any other programs or technology which disrupts or damages the Website and/or the Services provided.

7.2 EMTE CULTURE's warranties
EMTE CULTURE 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

• EMTE CULTURE 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 EMTE CULTURE that the functionality or operation of the Website and/or the services will:
  1. be uninterrupted or free of errors and inaccuracies;
  2. meet users requirements; or
  3. operate in the configuration or with the hardware or software used by user.
• User acknowledges and agrees that the Website and the service (as with technology generally), may have errors (or bugs) and may encounter unexpected problems. Accordingly, user may experience downtime and errors in the use or operation of the Website and/or services provided.
• EMTE CULTURE does not and cannot control the flow of data and information through the internet, and such flow depends on the performance of persons and entities whose actions or inactions may produce situations in which connections to the internet (or portions thereof) are impaired or disrupted and for which EMTE CULTURE is not liable.
• EMTE CULTURE does not warrant that any data, information or other content provided on the Website, whether concerning any goods or services or any other subject, is complete or accurate.

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 EMTE CULTURE, 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 EMTE CULTURE nor any person acting on Piki Prints 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 EMTE CULTURE, 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 EMTE CULTURE 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:

1. any third party;
2. actions of user that were not expressly authorised by EMTE CULTURE;
3. accident, misuse or abuse by anyone other than EMTE CULTURE;
4. alteration or modification of the Website and/or the service, or any component or part of the Website and/or the service provided, by anyone other than EMTE CULTURE;
5. products (including any hardware or software) or services not licensed or supplied by EMTE CULTURE;
6. power surge or failure,
7. events of force majeure or events outside EMTE CULTUREs actual control; or
8. any other condition not arising under normal operating conditions;

(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 EMTE CULTURE has been advised of the possibility of any particular loss or damage.

8.3 Links
EMTE CULTURE 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 EMTE CULTURE is not responsible for the operation of or content located on any such website, and EMTE CULTURE 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 EMTE CULTURE 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, EMTE CULTURE'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 EMTE CULTURE , 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, EMTE CULTURE 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 EMTE CULTURE. In no event shall any such termination or suspension by EMTE CULTURE 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, EMTE CULTURE 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 EMTE CULTURE 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
EMTE CULTURE 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 EMTE CULTURE 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) EMTE CULTURE 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.