Our Policies

The Merch Edit designs, configures, and manages branded online stores on behalf of business clients. All products are made to order and fulfilled by our trusted third-party print-on-demand suppliers.

• Every item is custom-made at the time of order — there is no pre-held stock.
• Colours and print placement may vary slightly from mockup images due to screen differences and printing processes.
• We reserve the right to update or discontinue products at any time.

You agree that:

• We only accept online orders from, and deliver our goods or perform our services in, Australia;
• All orders are subject to acceptance and goods availability;
• If you are using this website from outside Australia or wish to place an order for delivery of our goods or performance of our services outside Australia, please email us at support@themerchedit.com.au and we will arrange the terms of that order with you separately;
• If you place an order for goods or services on our website, and we communicate our acceptance of your order by email confirmation, you enter into a contract with us for the supply of those goods or services. Each accepted order forms a separate contract with us;
• We can accept or reject an order for any reason, including (without limitation) unavailability of the goods or services, an inadvertent error in the pricing, image or description of the goods or services, or an error in your order;
• All information you provide when placing your order must be accurate, complete and up to date, and you will promptly notify us of any changes to this information;
• Once the payment for your order has been processed, and your goods have been dispatched, you will be unable to cancel your order. If you cancel your order before we dispatch the goods, we will refund to you the price of the goods and any freight, handling and insurance charges, less any reasonable administrative fees we have incurred in processing your payment (for example, banking charges imposed on us in connection with the payment);
• Once the payment for your order has been processed, and we begin production of your products, you will be unable to cancel your order. We will use our reasonable endeavours to intercept an order before it enters production, but we cannot guarantee that the order will be cancelled. If you wish to cancel your order, please contact us immediately at support@themerchedit.com.au with your order.

• All prices quoted for our goods or services are displayed in Australian Dollars (AUD) and are inclusive of Australian goods and services tax (GST).
• Prices may be updated at any time without prior notice.
• Shipping costs and handling charges for any goods will be calculated and added to the purchase price before you are asked to confirm your order.
• Once you have placed your order, you may pay by credit card (major credit cards are supported such as Visa, Mastercard, AMEX and UnionPay). The payment system on this website uses industry standard Secure Socket Layer technology to encrypt and protect your credit card details. We will send you an electronic tax invoice via email when your payment has been processed.

• We will deliver your goods or perform our services, after we have processed your payment.
• Items are produced by third-party print-on-demand suppliers and typically dispatched within 2–10 business days.
• We accept no responsibility for any loss resulting from late delivery caused by suppliers, carriers, customs, or other circumstances outside our reasonable control.
• We will use reasonable endeavours to ensure that goods are available for delivery, and in most cases will notify you if goods are unavailable before you place your order. However, in some cases this will not be possible and we will need to reject an order for goods after we have processed your payment. In these cases, we will refund you the amounts you have paid for the unavailable goods or offer to substitute your goods with an alternative. You may accept or decline any offer to substitute your goods with an alternative. Any refund for unavailable goods will be credited to your original method of payment.
• Unless expressly stated otherwise, we cannot provide rainchecks for goods ordered from our website. We undertake all reasonable endeavours to ensure the availability of goods advertised on our website. Unfortunately, we cannot guarantee that goods advertised on our website will be available at the time you place your order.
• Once the goods have been delivered to the nominated delivery address, you assume all risk in the goods (including the risks associated with storing them). You and the person receiving a delivery of goods purchased from our website must be at least 18 years of age.
• Title in the goods will not pass to you until we have been paid in full for the goods. Until that time, you will hold the goods as our bailee and fiduciary agent.

• Unless expressly stated otherwise, we own or are licensed to use all content appearing on this website (including trade marks, logos, designs and copyright material) (Content).
• You must not use any Content on this website, except with our express written consent or as permitted under applicable Australian and international laws. If we allow you to use any of our Content, our status as the owner or licensee of that Content must be acknowledged.

• Unless stated otherwise, we grant to you a personal, non-transferable, revocable and non-exclusive licence or sub-licence to use any files that we expressly indicate are available for download from this website, for your own personal, non-commercial use. You must not copy, communicate to the public, modify, reverse engineer, or otherwise transfer any of those files. Your use of any files is undertaken entirely at your own risk and you must maintain all copyright and other notices displayed on those files.
• We cannot guarantee that any information (including any file) obtained from this website is free from computer viruses, other faults or defects. It is your responsibility to scan the information for computer viruses, and you assume the risk of any damage to your computer and associated equipment arising from installing, downloading or using, this website.

Our website may contain links to other websites or advertisements of goods and services available from third parties. We are not responsible for the content of those websites or advertisements, or any goods or services made available on them. Unless expressly stated otherwise, we are not endorsing, sponsoring or suggesting an affiliation with that party or their goods or services.

Our website must not be framed on any third party website, nor may you create a link to any part of our website other than the home page, unless we provide our express written consent for you to do so. We may withdraw our consent to link to our home page at any time in our absolute discretion.

• You are fully responsible for any content (including any testimonials, comments, suggestions, ideas, graphics or any other material) that you provide to us for display on the website. This content will not be confidential and we may use it for purposes which include advertising or marketing. By providing your content, you grant us a licence to use that content in any manner without payment or reference to you.
• You must not use this website to post or display: content that you do not have the right to post or display, or that violates the intellectual property, confidentiality, privacy or other rights of any person or entity; content that is offensive, abusive, defamatory, discriminatory or false or misleading; advertising or promotional materials of any kind; or content that contains software viruses or anything harmful to this website.
• We reserve the right to edit or remove any user content at any time.

• Our Privacy Policy /pages/terms-and-conditions#privacy-policy sets out the ways in which we may collect, store, use, disclose and manage your personal information. It also explains the physical, electronic and security measures we will take to protect your personal information.
• However, by supplying us with personal information through this website, you accept the inherent security risks of dealing online over the internet and agree not to hold us responsible for any breach of security, unless we have breached a law, been grossly negligent or in wilful default of our duties to you.
• We reserve the right to disclose information about users of this website to third parties, provided that the information is de-identified and does not identify any individuals. We take complaints about privacy matters very seriously and our complaints handling procedure is set out in our Privacy Policy.

We provide this website on an "as is" basis. We may suspend access to our website or close it indefinitely without notice and you accept the inherent security and reliability risks of dealings on the internet.

We will take all reasonable steps to ensure that this website is accurate, but make no representation as to the appropriateness of our goods or services for your personal circumstances, or any fitness for purpose of the goods or services (for purposes other than those for which they are commonly used.

Subject to the Australian Consumer Law (and without excluding any mandatory guarantees contained with the Australian Consumer Law or other statutory rights which cannot be excluded by contract) all conditions, warranties and implied terms are excluded from these Terms and Conditions. To the extent that we breach these Terms and Conditions and it is legally permissible to do so, our liability is limited to:

• replacement of the goods or services supplied or the supply of equivalent goods or services;
• payment of the cost of replacing the goods or acquiring equivalent goods;
• supply of the services again; or
• payment of the cost of having the services supplied again.

We maintain a presence on Instagram and Facebook (but are not endorsed or affiliated with the providers of any of those social media platforms). We reserve the right to remove any material that is posted on our Instagram or Facebook pages including material that:

• is abusive, defamatory, offensive or threatening towards us, our employees or any other person or organisation;
• breaches the terms and conditions of any of the providers of the social media platforms;
• constitutes spruiking or other advertising, unless written consent has been obtained from us to post such material; or
• relates to any illegal activity.

Please note that you will be subject to, and agree to comply with, the respective terms and conditions imposed by Instagram and Facebook whilst you are visiting any of our social media accounts. For the avoidance of doubt, please note that content on our social media pages is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook.

To the maximum extent permitted by law, the laws of South Australia, Australia, govern these Terms and Conditions and the courts of South Australia have non-exclusive jurisdiction to hear any matters arising out of or in connection with these Terms and Conditions.

To explain some of the terminology which commonly appears in this Privacy Policy:

"Personal information" is information or an opinion about you, or information from which you could reasonably be identified.

"Sensitive information" is a sub-set of personal information. We do not collect sensitive information without your consent, unless we are legally allowed to do so. By "sensitive information" we are referring to your racial or ethnic origin, political opinions, religious beliefs or affiliations, philosophical beliefs, political, professional, trade association or trade union memberships, sexual orientation or practices, criminal records or your health, genetic or biometric information and templates.

We may collect your personal information:

• directly from you (for example, when we are in contact with each other, when you enter into contracts with us, when you visit our website and when you post about us on social media);
• from publicly available sources and databases (for example, if it is unreasonable or impractical for us to collect the personal information directly from you, because we have provided you with a fair opportunity to supply personal information which we reasonably require for our activities, but you have only partially provided it, or not provided it at all);
• through statutory, regulatory and other governmental processes; and
• from third parties who you have authorised to provide us with your personal information.

If we receive unsolicited personal information about you, we will assess whether we would have been entitled to collect it. If we would not have been entitled to collect it, we will destroy or de-identify it as soon as practicable (if it is lawful and reasonable to do so).

Depending on how you interact with us, we may collect personal information which includes, but is not limited to:

• Contact and identity details – if we are in contact with each other, we may collect details which include your full name, date of birth, gender, street address, postal address, email address and telephone number.
• Prospective supplier details – if you submit an application to become our supplier, we may collect your contact details and a history of our interactions or dealings with you.
• Feedback requests and survey preferences – we may collect details about your feedback on our activities, products and services, including when you interact with us on social media platforms.
• Website interactions – if you communicate with us or purchase products or services from our website we may collect your contact details, credit card details, screenshots and other information you choose to provide. Payment details provided through our website are processed through a secure server.
• Customer sales information – when you purchase products or services from us, whether in person or through our website, we may collect your contact details, demographics and credit card details.

Our website uses 'cookies' to improve your browser experience. Cookies are small text files that are downloaded and stored onto your computer's browser directory when you visit our website.

Cookies are used to track the pages and services you visit on our website and to ensure that you are able to move freely across our website, without needing to re-enter information that you have already provided. Cookies are also used to recognize you when you return to our website and to enhance the performance of our website, by collecting information that helps us understand how our website is being used and to make improvements to its functionality.

We use cookies to collect information such as:

• your computer's IP address and other technical information;
• the date and time at which you access our website and the duration of your visit;
• the pages and content that you viewed during your visit; and
• the type of browser you are using.

You can refuse or disable cookies by adjusting your Internet browser's setting. However, our website may not function correctly if you do so.

This website is built on Shopify, which uses cookies for core functionality including cart management and checkout. We do not currently use Google Analytics or additional third-party tracking tools.

We may use your personal information:

• to provide our products and administer our services, including providing customer support, verifying your identity, fulfilling orders, managing payments and accounts, training our staff and testing our systems;
• to acquire services from you;
• to assess your suitability to supply products or services to us;
• to develop, inform you about and deliver our services;
• to distribute our newsletters and other communications, including emails;
• to conduct marketing activities for our products and services;
• to conduct research and analysis directed at improving our products, services and websites;
• to understand your preferences and behaviours;
• to plan our resources and manage our workforce;
• to conduct our corporate social responsibility activities;
• to administer our leases, licences and clearance procedures;
• to negotiate, manage and fulfil our contracts with customers, suppliers and third parties; and
• to comply with our legal obligations.

We may send you information about our products and services that we consider might be of interest to you. These communications are sent in various forms, including SMS and email. You can opt-out of receiving marketing communications at any time by lodging a request with our Privacy Officer (whose details appear below) or by using the opt-out method provided in our marketing communications. Once we have received your opt-out request, we will remove you from our direct marketing programs as soon as reasonably practicable. We do not trade in or sell your personal information to other parties.

We may disclose your personal information in limited circumstances. Your personal information may be disclosed to:

• our third party service providers, including print-on-demand suppliers, payment processors, data entry providers, marketing agencies, IT service providers, mailing houses, electronic network administrators, cloud service and software providers, debt collectors, suppliers and where necessary, to professional advisers, such as our financiers, solicitors and accountants;
• government authorities or other statutory bodies where it is expressly permitted under the Privacy Act. For example, where you have provided your consent or we are legally required to do so, such as under a court order or warrant;
• prospective purchasers of our assets or business, in the event that our assets or business are offered for sale or merger with any third party; and
• any other parties to whom you have authorised us to disclose your personal information.

We may use overseas parties to collect, transfer, store and handle your personal information and personal information may be stored in the Cloud (that is, computer servers connected to one another via the Internet).

For example, we may store your personal information with, or allow it to be accessed by, overseas parties who provide:

• software and maintenance services for the Cloud;
• training services in connection with using and accessing the Cloud; and
• infrastructure/hardware used to access the Cloud.

If you submit your personal information to us, you are consenting to the transmission, disclosure, storage and access of your personal information by third parties in overseas jurisdictions. Australian Privacy Principle 8 which ordinarily obliges The Merch Edit to take reasonable steps to ensure that overseas recipients of your information do not breach the Australian Privacy Principles (except Principle 1) will not apply.

If any of those overseas recipients handle your personal information in a manner which is inconsistent, or does not comply, with the Australian Privacy Principles:

1. to the maximum extent permitted by law, The Merch Edit will not be accountable under the Privacy Act for any resulting loss or damage that you may suffer;
2. to the maximum extent permitted by law, you will not be able to seek redress against The Merch Edit under the Privacy Act;
3. the overseas recipient may not be subject to any privacy obligations at all, or to any principles similar to the Australian Privacy Principles;
4. you may not be able to seek redress against the overseas recipient in their jurisdiction; and
5. the overseas recipient may be subject to foreign laws which compel their disclosure of your personal information to other parties, such as overseas government authorities.

We take reasonable steps to protect your personal information, including maintaining electronic, physical and procedural security measures to safeguard it.

Our online store is built on and hosted by Shopify, which maintains industry-standard security infrastructure including encryption, access controls, and independent security audits. For information about Shopify's security practices, see shopify.com/security. In addition, we maintain access controls and restrictions over any personal information we hold or process directly, including limiting access to authorised personnel only.

However, there are inherent risks with the transmission of data over the internet. Whilst reasonable security measures are in place for the protection of your personal information, please be aware that no guarantee can be made that your personal information is completely secure.

We also secure hard copy personal information within buildings or other storage facilities, by restricting access to those buildings or facilities (for example, by locking the buildings in which the personal information is stored).

If any unauthorised access or disclosure of your personal information occurs, we comply with our obligations under the Privacy Act in dealing with that unauthorised access or disclosure, including any obligations in respect of eligible data breaches under the Privacy Act.

You may request access to your personal information by sending a written request to our Privacy Officer (whose details appear below). Upon receiving an access request, we may seek further details from you in order to verify your identity. We reserve the right to refuse access to personal information if we cannot verify your identity to our reasonable satisfaction. Access will generally be provided in an appropriate format within 30 days. We may charge a fee for providing access if it requires a significant amount of time to locate your personal information or to collate or present it in an appropriate format. This fee will be explained to you before it has been incurred.

In limited circumstances, and only where it is permitted under the Privacy Act, we may not be able to provide access to your personal information: for example, where it would have an unreasonable impact upon the privacy of others or where we believe your request is frivolous or vexatious.

We may amend this Privacy Policy from time to time in order to ensure that it reflects any alterations to our information handling practices or business circumstances. Any updated Privacy Policy will be published on our website. Changes come into effect from the time when they are brought to your attention, or when you next logon to our website, whichever is earlier. Please make sure you review this Privacy Policy each time you visit our website to keep up to date on any changes.

If you have any concerns or complaints regarding how we handle personal information, please contact our Privacy Officer. Correspondence should be addressed to:

Privacy Officer
The Merch Edit
Address: PO Box 1244 Aldinga Beach SA 5173
E-mail: support@themerchedit.com.au

We take all complaints seriously and will respond to you within a reasonable period of time, unless we consider your complaint to be frivolous or vexatious.

If a privacy concern or complaint is not resolved to your satisfaction, you can contact the Office of the Australian Information Commissioner.