Welcome to BW Promotions! We're thrilled to work with you. When you order from us, you're agreeing to our terms and conditions outlined below. These terms and conditions apply to and govern the supply by Blacka Wear Pty Ltd trading as (BW Promotions) of goods and or services to the Customer. All orders placed by the Customer, will be subject to these terms and conditions (Terms):

• Definitions:
  • Artwork: This is any design or creative work you give us to use for your promotional materials.
  • Consumer: This term is as defined in the Australian Consumer Law – essentially, anyone buying goods or services for personal use.
  • Customer: That’s you! Anyone who buys our goods or services.
  • Goods: The promotional items and any other products we provide you under any agreement.
  • GST: This refers to the Goods and Services Tax, as defined by Australian tax law.
  • Intellectual Property: This includes all the creative and inventive rights like patents, designs, trademarks, and even trade secrets or know-how that are protected by law.
  • Non-PDH Goods or Services: These are items or services not bought for personal, domestic, or household use, according to Australian Consumer Law.
  • PPSA & PPS Register: These refer to the laws and register that protect personal property used as security for a debt or other obligation.

• Getting a Quote:
  • Before you commit to anything, we’ll give you a quote for the goods you’re interested in. This way, you know exactly what to expect.
  • For your designs, please send them over in the format we suggest so we can get started without a hitch.
  • If you’re placing a big order, we’re happy to whip up a pre-production sample at no extra cost. For smaller orders, we recommend getting a sample too, but there will be a small charge for this. We’ll let you know what counts as a ‘large’ or ‘small’ order.

• Changing Your Mind:
  • We get that plans change, but if you need to cancel your order, we’ll have to chat about covering the work and costs we’ve already put in.
  • Want to tweak your order? No problem, but keep in mind there might be additional charges for any extra work or changes needed.
  • It’s super important to double-check your order details like size, quantity, and branding to make sure everything’s just right. Important to note:

We’re here to make your experience as smooth as possible, so if you have any questions about quotes, changes, or anything else, just give us a shout!

How We Handle Payments:

• As a general rule, we ask for payment when you place your order, unless we’ve agreed on something different in writing.
• For the big orders ($10,000 or more) or those that we need to produce overseas, we’ll need a 50% deposit when you place your order.
• If there’s a hiccup with the payment terms, we might need to pause or cancel your order until everything’s sorted.
• If you’re paying by credit card (we accept Visa, MasterCard, and American Express), just be aware there are merchant fees involved. Right now, it’s 2.5% for Visa and MasterCard and 3.5% for American Express, which we’ll need to pass on to you.
• Don’t forget, there are freight and handling charges for deliveries, which we’ll let you know about when you place your order.

• GST:
  • All the prices we talk about don’t include GST unless we specifically say so. If GST applies, it’ll be an extra charge on top of the agreed prices.
  • We want to make sure there are no surprises when it comes to payments and fees, so if you have any questions or need clarification, we’re just a message away!
  • Ownership and Risks:
  • Just so you know, we keep a hold on the goods you’ve ordered until all payments are settled. If things don’t go as planned, like overdue payments or more serious financial troubles, we might need to step in and sell those goods to cover what’s owed.
  • At any time, we might need to make some official registrations to protect our interests, and we’d need your help to get this done quickly and correctly if we ask.

• Security Interests:
  • There are some legal terms here related to the Personal Property Securities Act (PPSA), which help protect transactions involving personal property. We might need to register a security interest for your order, and we’ll need you to help us keep everything in order, like updating any changes to your details and making sure any security interests are properly set up if you’re reselling the goods.
  • If there are any costs involved in securing these interests or if we need to enforce them, we’ll need to pass those costs on to you.

• Returning Items:
  • If you need to return something, please use your own courier unless the item is faulty or not what you ordered.
  • Make sure to include the invoice details with your return so we know what it’s about.
  • Just a heads up, we can’t accept returns on custom-made or altered items, like those with your branding or design changes.
  • You have 21 days from when we send the order to return items, unless there’s an issue on our end that’s covered by consumer protection laws. And if something’s not right with your order, let us know within 5 days of receiving it.

• Warranties and Promises:
  • From Us: We stand by the quality of our products, but we have to stick to the warranties provided. If there’s a manufacturer’s warranty, we’ll make sure you can take advantage of it.
  • From You: You’re promising us that you have the rights to use the designs you give us and that they won’t step on anyone’s toes legally. If any copyright or licensing issues pop up related to the designs or materials you provide, you’ll need to cover the costs.

• Looking After You:
  • Your Rights Come First: If you’re buying from us for personal use, nothing in our terms will limit your rights under the Australian Consumer Law. We fully respect your consumer rights and guarantees.
  • When Things Don’t Go as Planned: If there’s an issue with the products or services and it’s something we need to fix under consumer law, here’s how we can make it right:
  • For products, we might replace them, fix them, cover the cost of getting a replacement, or handle the repair costs.
  • For services, we could provide the service again or cover the cost of getting the service from someone else.
• Beyond Consumer Rights: If your purchase isn't for personal use or if your issue isn't covered by consumer law, our ability to help might be more limited, but only as much as the law allows.

• Staying Up to Date:
  • We might need to update these terms now and then, but we'll let you know if we do. Any changes will only affect orders placed after we've told you about the updates.
  • We're committed to making your experience positive and straightforward. If any of this is unclear or you have more questions, we're here to help!