Maku The Label is a designer label which bring art into everyday life and prints this art onto high quality tshirts. In order to provide you with the best Customer experience and protect your interests, we require all Customers of the Site and/or App to comply with the following Terms of Use and the Privacy Policy. 

Acknowledgement and Acceptance

1. The following terms and conditions set out how Maku The Label Pty Ltd ACN 682 219 478 of PO BOX 335, BAXTER Victoria 3911, Australia (“Maku The Label”, “us”, “we”) operates and the manner in which you must engage with us if you choose to engage with us. It applies to our website (https://www.makuthelabel.com) and all related websites, applications, social media platforms and tools (“Website”).
2. By visiting or using the Website, you agree to be bound by these Terms of Use and our Privacy Policy, and any other terms and conditions, notices and disclaimers displayed elsewhere on the site relating to your use of the Website ("Terms of Use"). You must be over 18 years of age to use our Website or have express parental/guardian consent, whereby your parent/guardian is also agreeing to abide by our policies and terms and indemnify us for your or their breach of any policies or terms. 
3. We may change the Terms of Use at any time. If we do, an amended version of the Terms of Use will be posted on the Website and if we have your email address, we may (but are not obliged to) email them to you. You are responsible for ensuring that you regularly review the Terms of Use and your continued use of the Website after any changes are made to the Terms of Use will be deemed to constitute your acceptance of those changes. If you object to any changes to the Terms of Use, or otherwise become dissatisfied with your membership of or engagement with our Services, the Website, your only remedy is to immediately discontinue your use of our Services, the Site and/or App and/or terminate your engagement with our Services in accordance with the Terms of Use.

Making a Purchase

4. When you place an order for a Maku The Label product, we will immediately process your payment.  If your payment is successful, we will send you an acknowledgement email confirming your order.  We retain the right, in its sole discretion, to cancel or refuse any order.  Once your order has been placed you cannot cancel the order.  Please note that once you have placed an order, we are unable to cancel an order or stop an order from being dispatched at your request.
5. All pricing on the Website is in Australian Dollars and inclusive of 10% GST (unless otherwise noted).  The current price shown for a product at the time of purchase is the correct price, and we will not honour pricing which was advertised or displayed on the Website at an earlier date.
6. Whilst we try and ensure that all details, descriptions, and prices that appear on this Website are accurate, errors (including processing errors) may occur.  If we discover an error in the price or payment of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.  If we are unable to contact you, we will treat the order as cancelled.  If the order is cancelled and you have already paid for the goods, you will receive a full refund.
7. If you are ordering from outside Australia, and your bank account or credit card is held in a different currency, you can still pay using your credit card – your currency will automatically be converted to Australian Dollars when you complete the transaction. The conversion rate varies from day to day with the current exchange rate. Many banks also charge a small currency conversion fee, contact your bank or credit provider for details.
8. We reserve the right to change the pricing from time to time without contacting you and you are solely responsible for reviewing the pricing on the Website prior to making future purchases.
9. We reserve the right to change or discontinue any product or design on the Website in whole or in part any time.
10. The payment gateway provided by Shopify is protected by SSL (Secure Socket Layer) encryption. SSL is a security device which ensures that any data which you enter into a secure area of the site is encrypted during transmission over the Internet and it utilises data encryption to create a secure environment for you to conduct your online transactions. In order for SSL to be effective, you must be using an SSL compliant browser (e.g. Netscape Navigator 3.0 or Internet Explorer Microsoft 3.0 and above). In Netscape you can determine whether encryption is active by looking at the little key in the lower left-hand corner of the Netscape window. A solid key indicates that the document is encrypted, while a broken key indicates that the document is not encrypted. In Microsoft Internet Explorer, a solid padlock will appear on the bottom right of the screen when encryption is in use.
11. We do not store your credit card details – this is all stored in Shopify, therefore when entering your financial details, you are agreeing to the terms and privacy policy of Shopify and hold us harmless for any issues relating to your interaction with Shopify.  We cannot delete any information you provide to Shopify or invoices generated by Shopify, as this data and is not within our control. Shopify will be wholly responsible for appropriate storage of your payment data and you hold us harmless for any loss or damage you may suffer as a direct result of your use of that gateway or facility. 
12. In the event we choose to use another third-party payment facility service provider, we may provide another provider for you to pay for any purchases from us and you agree to operate in accordance with the terms of that payment gateway or facility, just as you are required to do so for Shopify. We will use best endeavours to provide a third-party payment facility that is reasonably priced, secure and easy to use however we cannot warrant their services and we reserve the right to change the third-party payment facility service provider at any time with no notice to you.  If you have an issue with Shopify or any future third-party payment facility, please make contact with us and we may assist where possible to have it resolved.

Product Images

13. While we have made every attempt to show textures, appearances, and colours of our items as accurately as possible, product images may vary from the delivered product depending on your monitor, settings, and computer equipment.  We are not responsible for any such variations in respect of your order.  However, if an item is materially different from the representation on the Website, you may be entitled to a refund or exchange under the Australian Consumer Law.
14. Unless otherwise stated, any additional items and accessories styled or shown in a product image are for display purposes only and are not included in the listed price.  You must ensure that you carefully read the product title and description before purchasing anything from our website.

Product Availability

15. Whilst we use our best endeavours to ensure that products are available for delivery, there may be some circumstances where items are unavailable.
16. Quantity in stock does not take into account the orders which are yet to be processed. It is possible that an order placed earlier will receive the stock allocation which was displayed at the time of your order.  We will use best endeavours to minimise any delay in delivery where we are out of stock on the order you have placed, and will keep you updated where possible.
17. If we cannot fulfil your order, or a part of your order, we will notify you within a reasonable time after you complete your order.  Please note that we may need to reject your order, or reject part of your order, on this basis. If your order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable product. 

Shipping and Delivery

18. Delivery times may vary according to availability and the delivery address you have nominated.  You acknowledge and agree that any representations made as to delivery times are subject to postal/courier delays or delay caused by any circumstances beyond our control and that we will not be liable and will not offer any refunds for any delayed delivery of your purchase including if you select an express service.  
19. Risk and title in the Maku The Label products will pass to you upon delivery of the items to your nominated delivery address.
20. You will be liable for, and will pay any taxes, duties, import charges or customs duties applicable (if any) on the products you purchase.

Consumer Law

21. Our products come with guarantees that cannot be excluded under the Australian Consumer Law.  You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.  You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
22. Where legislation implies any mandatory term, condition or warranty or requires adherence to provisions that may not be excluded by contract including the consumer guarantees, our liability for breach of such term or consumer guarantee is limited, at our option, to:
1. the replacement of the goods or the supply of equivalent goods;
2. the repair of the goods;
3. the payment of the cost of replacing the goods; or
4. the payment of the cost of having the goods repaired.
23. To the extent our liability cannot be excluded, our maximum liability to you will be limited to $150 where permissible at law. These Terms of Use do not exclude any rights or remedies in respect of goods or services under the Australian Consumer Law which cannot be excluded, restricted, or modified.

Returns and Refunds

24. Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.  If the products are faulty or not performing to the standard described on the website, you agree to contact us so that we may investigate and hopefully fix the situation.
25. Where you believe there is an issue in the services you have purchased or they are significantly different to what you were anticipating from our marketing and/or information provided on our Website, please contact us to discuss the situation so that we can reach a suitable outcome in compliance with the Australian Consumer Laws. 
26. We strive to provide you with products that very closely match what you view on our Website, however cannot warrant that the colour of the product will exactly match the colour you saw on your computer screen due to different computers showing a slightly different shade to another computer, and slight variances due to inks, design files, garment colours and fabrics.  We are however confident the quality will be high and of a reasonably similar nature to what we have displayed on our Website.
27. Due to the custom nature of our items and our mission to reduce waste - we do not accept returns for change of mind nor do we accept returns for gift cards.
28. Please ensure you check the sizing guide as we are unable to offer a refund for wrong sizing, nor are we required to do so under the consumer law.  Returns for incorrect size are very difficult to manage for us as every order is printed specifically for you. If you absolutely need to return your T-shirt, purely to support our valued Customers, we have a 14 day return policy, which means you have 14 days after receiving your item to request a return. 
29. To be eligible for a return or refund, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.  To start a return, you can contact us at Hello@makuthelabel.com. Please note that returns will need to be sent to the following address: 
30. MAKU THE LABEL, C/O Maku Fenaroli
    PO BOX 335, BAXTER  VIC  3911
31. Please include your name and order number with your return.  Items sent back to us without first requesting a return will not be accepted. We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved for a refund, we will issue the refund via Shopify.  If approved for a gift card, we will send you a gift card for the value of your order to your original email. If more than 15 business days have passed since we’ve approved your return, please contact us at hello@makuthelabel.com.
32. The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.
33. Unfortunately, we cannot accept returns on sale items unless the item is defective.

Store Credit for Returns

33. In the event we issue you with a Gift Card for a store credit, it will be activated within 24hrs of issuing and is valid for only 12 months from date of creation. It does not fall under the requirements of the Australian Consumer Law for Gift Vouchers as this is not a regular Gift Voucher, but merely a simple way to facilitate your store credit.
34. It is non-transferable and may not be returned or redeemed for cash.
35. It cannot be used to purchase further Maku The Label Gift Vouchers (which come with a 3 year expiry).

Gift Cards

36. Gift Cards are in Australian Dollars and valid for 3 years from date of purchase, irrespective of when the recipient may receive it and can be redeemed against all products except other Maku The Label Gift Cards.
37. Once your Gift Card has expired or reached a zero balance, it is no longer valid and cannot be reloaded, reactivated, or refunded.
38. If the Gift Card is used on a purchase of a lower value than the amount remaining on a Gift Card, the remaining amount will resume on the Gift Card, to be used on future purchases and will be valid to the same expiry period.
39. If a purchase exceeds the value of the Gift Card, the remaining amount must be paid for by another payment method. 
40. We are not responsible if a Gift Card is lost, stolen, destroyed, or used without permission. Your Maku The Label Gift Card should be treated like cash and will not be replaced or refunded if it is lost or stolen. The Gift Card cannot be cancelled once they are issued, except if used, expired, or otherwise cancelled by us.
41. We reserve the right to cancel or alter the balance of your Gift Card if such action is deemed necessary by us, without notice to you, including but not limited to, where a Gift Card is defrauded, stolen, defaced, mutilated, altered, issued in error, or otherwise tampered in any way. Where we have cancelled or voided your Gift Card due to our fault or negligence, we will provide you with a refund or replacement Gift Card.
42. We reserve the right to cancel or block your Gift Card if you report it stolen or if we consider that you are using it in a manner that is inconsistent with these terms.
43. It is non-transferable and may not be returned or redeemed for cash.

Promotions and Competitions

44. We may contact you for promotions and competitions using the email address and mobile phone number you provide in your account profile.  You may opt out of receiving any material of a marketing nature at any time by opting out from the SMS or unsubscribing to the email.
45. Once a promotion has ended, we will not be able to honour special promotion pricing on our products unless and until a future promotion applies to those products.  We cannot backdate orders to ensure discounted pricing applies if you missed the promotion.

Your Account and Security

46. By setting up an Account and buying our products, you become a Customer of the Website. You cannot buy our products without becoming a Customer, setting up your basic profile and providing your name, address for delivery, email address and mobile phone number. All personal information you provide to us will be treated in accordance with our Privacy Policy.
47. You will remain responsible for the security of your own account and hold Maku The Label harmless for any compromise to your account.
48. When registering as a Customer of the Website, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your Account page on the Website.
49. You are responsible for maintaining the confidentiality and security of your login and password and wholly responsible for all activities that occur under your login and password. You agree to immediately notify us of any unauthorised use of your login or password. You must ensure that you exit from your account at the end of each session.
50. In the event of unusual activity, we reserve the right to temporarily or permanently suspend your account and contact you, or any other relevant third party to report such unusual activity.  You agree to work with us to determine the cause for the unusual activity and assist us if necessary and requested to report on and resolve the issue.
51. While we use reasonable endeavours to ensure that the Website is available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free. Access to the Website may be suspended temporarily without notice in the case of system failure, maintenance or repair or any reason beyond our control.

Intellectual Property

52. Unless otherwise indicated, Maku The Label retains full ownership of all copyright of all designs and also the material on, and intellectual property in, the Website, including all text, graphics, user interfaces, photographs, registered or unregistered trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content.
53. Except as permitted under relevant intellectual property laws, none of our designs and no part of our Website or our content may be copied, reproduced, republished, performed/presented in public, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise (including further copying, recording, taping or by a storage and information retrieval system) without our express prior written consent.
54. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, duplicate, copy, sell, distribute, or otherwise reproduce or exploit, in any format, any of the content or copies of the content supplied to you or which appears on this Website, nor may you use any such content in connection with any business or commercial enterprise.

Use of the Website and Prohibited Activities

55. 55. You agree not to use the Website or any of our social media applications, or in any forum where we are active (or contact any other member of our Website) to:
1. defame, abuse, harass, stalk, threaten or otherwise offend others;
2. engage in or promote any surveys, contests, pyramid schemes, chain letters, unsolicited e-mailing or spamming;
3. impersonate or create a profile for any person or entity;
4. promote, or provide information about, illegal activities or conduct;
5. promote racism, bigotry, hatred, harassment or any kind of harm against any group or individual;
6. exploit any person under the age of 18, or to solicit information from anyone under 18; or
7. solicit money, passwords or personal information from any person.
56. You also agree not to:
1. use any robot, spider, or other device or process to retrieve, index, or in any way reproduce or circumvent the navigational structure or presentation of the Website;
2. "frame" or "mirror" any part of the Website without our prior written authorization;
3. use code or other devices containing any reference to the Website to direct other persons to any other web page;
4. except and only to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so.
57. Unauthorised framing / linking to the Website is prohibited.
58. We have no obligation to monitor any Customer’s engagement with our Website, however, we reserve the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, legal requirement, police investigation or governmental request and ensure any Customer is acting in strict accordance with these Terms of Use and the Privacy Policy.

Intellectual Property

59. We (or one of our subsidiaries/associates) own and retain all proprietary rights in and relating to the Website. Proprietary rights in and relating to the Website must not be used in any way without our prior written consent.
60. You warrant that any content that you post or transmit on the Website, or otherwise transmit to any other member of our Website by any means whether on social media applications or any forum online or in person, will not infringe our intellectual property rights, or those of any third party.
61. Subject to our obligations under Privacy Policy, you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, your content posted on our social media applications or any forum online or in person when speaking about our designs, products or Maku The Label brand in any capacity whether directly or indirectly, and for any purpose. You warrant that you have the right to grant us such rights.
62. You may not, and must not assist another person to, use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any content or designs posted or transmitted on our Website, or otherwise transmitted to any member of our Website, other than their own content, without our express written permission.
63. If you believe that any content has been posted or transmitted on the Website, or otherwise transmitted to any member of our Website by any other means, in violation of your rights, please send us an email.

External Activities

64. From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties (“External Activities”).
65. External Activities may be subject to separate terms and conditions.  You acknowledge that you participate in any External Activities entirely at your own risk.
66. In relation to External Activities conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such External Activities.
67. In relation to External Activities conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms of Use, might apply in relation to your participation in relation to such External Activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.

Third Party Websites, Apps and Integrations

68. From time to time, the Website may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of our Website and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you link to any third-party websites, you leave our Website entirely at your own risk.
69. From time to time, our Website may also feature or display third party advertising. By featuring or displaying such advertising, we do not in any way represent that we recommend or endorse the relevant advertiser, its products or services.
70. Given our Website and business operations integrate with several other third-party providers, when you accept our Terms of Use, you are also agreeing to accept the Term of Use and Privacy Policy for each of the integration partners including but not limited to:
1. Shopify for Website hosting and payments – here is their privacy policy and terms of use;
2. Xero for accounting – here is their privacy policy and terms of use;

Limitation of Liability and Indemnity

71. You acknowledge that you use our Website at your own risk.  You acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with the Website, or any other members' or third-party suppliers’ use of or conduct in connection with the Website, in any circumstance.
72. You hold us harmless and agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of, or conduct in connection with, the Website including any breach by you of the Terms of Use.
73. To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Terms of Use, might apply in relation to your use of the Website. In particular, we do not make any representations or warranties that the Website will be uninterrupted or error free. Nor do we make any representation or warranty about the likelihood of any outcomes of your use of the Website.
74. In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.

Termination and suspension

75. You may close your account on our Website for any reason by providing written notice to us. You can provide notice of termination by:
1. mailing it to our postal address listed on the About Us page; or
2. emailing us via the Contact Us page.
76. Upon receiving your request to terminate your account, we will raise a support ticket to manage this process.
77. We reserve the right to, without limitation, do any or all of the following in relation to your membership:
1. suspend your account;
2. modify your member profile;
3. terminate your account for any reason by providing notice to you by email;
4. terminate your account immediately without notice to you if you have committed a breach of the Terms of Use;
5. deactivate your account if you have not used the Website for a period of 12 months or more (from the date of last use); and/or
6. permanently or temporarily block your access to all or part of the Website.

General

78. No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of our Website.
79. The Terms of Use represent the entire agreement between you and us regarding your use of the Website.  No other discussion, agreement, understanding or representation will be relevant unless it is specifically addressed in these Terms of Use, the Privacy Policy or any update to either in the future.
80. If any provision of the Terms of Use is held to be invalid, that provision may be severed such that the remainder of the Terms of Use shall continue in full force and effect.
81. You agree that the Terms of Use will be governed by the laws of Victoria, Australia, and in the event of a dispute, you submit exclusively to the jurisdiction of the Victorian courts.

Mobile Terms of Service

The Maku The Label mobile message service (the "Service") is operated by MAKU The Label (“Maku The Label”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Maku The Label’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Maku The Label through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Promotional messages may include promotions, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Maku The Label. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to MAKU or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Maku The Label mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to MAKU or email hello@makuthelabel.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.