Welcome to the official website of 3 Suns Creative Pty Ltd. Throughout this website and in this document, we will refer to ourselves as “the company,” “we,” “us,” and “our”.
These Terms and Conditions govern the use of our website, including the process of ordering, sales, and delivery of goods. By accessing or using this website, you agree to be bound by these Terms and Conditions.
Our website provides a convenient platform for online shopping, offering a diverse range of products such as clothing, apparel, gifts, headwear, and display items. These products can also be customised and branded according to your specific requirements.
REGISTRATION
User Registration:
To access and utilise our website’s services, all users must go through a registration process. This can be done by visiting the link https://3sunscreative.com.au/ and submitting the required documents. Please be aware that a one-time administration fee will be charged for all registrations.
Approval and Account Setup:
After submitting your registration, our team will review the information provided. Once your registration is approved, and we have received the registration payment, you will be provided with your login details, along with a welcome pack and a user guide that will walk you through the various features and functions available on our website.
De-registration:
Inactivity on an account for a period of 12 (twelve) months will result in the account automatically being deactivated. Users will be required to follow the user registration process again.
RESTRICTIONS OF WEBSITE USAGE
Except as specifically permitted in these Terms and Conditions, you may not display, publish, copy, print, post, or use the Website or its information in any way. If you choose to advertise your products using information from the Website, you may only use images that are intended for promotional purposes. It is strictly prohibited to use any intellectual property from the Website to falsely represent yourself or your website as 3 Suns Creative.
ORDER PLACEMENT
Placing Orders:
All orders must be placed through our online platform. We do not accept orders through any other communication channels.
Order Acceptance:
We reserve the right to accept or reject any order. Our acceptance relies on factors including product availability, accurate information provided (including pricing), and successful payment or authorisation.
Limited Stock Availability:
Please be aware that the availability of our products is limited. While we strive to promptly update our website with current stock levels, we cannot always guarantee availability. If any item becomes unavailable after an order is placed, we will notify you and provide a refund.
Price Changes:
Prices shown on our website are subject to change without prior notice. 3 Suns Creative retains the right to modify prices for goods or services offered. Any price adjustments will be communicated through written notice.
Estimated Time of Arrival (ETA):
Although we regularly update ETA dates for our stock, unforeseen delays in supplier, shipping, or customs processes may occur. Therefore, the accuracy of these dates cannot be guaranteed. Lead times do not include weekends, Australian public holidays, or 3 Suns Creative’s annual shutdown period.
Branding Requests:
In-house branding services are exclusively available for products procured from 3 Suns Creative. These services are subject to additional charges over and above the product purchase price. Full payment for both the product purchase price and branding service charges is required before the commencement of the branding process. Please note that the embroidery branding method is not available to Jade Tier customers.
PAYMENT
Accepted Payment Methods:
Our company accepts payments via MasterCard, Visa, and Debit cards. Please note that we do not accept American Express, Diners cards, or cash. Orders will only be dispatched once the payment is confirmed in our account.
International Payments:
Transactions from foreign banks may require a processing period of 4 to 7 business days. Orders linked to these transactions will be dispatched upon validation of payment in our account.
Approved Credit Facilities:
In cases where credit facilities are extended by us, refer to your credit application document for an overview of the respective terms and conditions.
DELIVERY AND COURIER SERVICES
3 Suns Creative Fleet Delivery (within Australia):
For large orders within the greater Sydney or Melbourne metropolitan areas, we may provide an in-house delivery service. Please note that this service is available upon request.
Branch Collection (within Australia):
Clients located within our branch jurisdictions have the option to collect their orders conveniently from selected Australian branches. We strive to offer a seamless pickup experience.
Courier Services (Australia-wide):
We offer the flexibility for customers to choose courier delivery through our website or use their own preferred courier service. Charges for this service are based on each order and can be viewed and requested directly on our website.
International Courier Services:
International delivery is available via selected couriers. Please note that specific product restrictions (such as power banks) may apply. All duties, taxes, and customs clearance fees are the sole responsibility of the customer.
BRANCH LEAD TIMES FOR ORDERS (Australian Context)
| Destination Branch (Australian Major Cities) | Lead-Time for Orders Leaving Our Primary Distribution Hub |
|---|---|
| Sydney | 1 working day |
| Melbourne | 2 working day |
| Brisbane | 2 working days |
| Adelaide | 2 working days |
| Perth | 4 working days |
| Hobart | 4 working days |
Lead-times quoted exclude public holidays and annual shutdown days. Please note that lead-times cannot be guaranteed.
ORDERS COLLECTED BY COURIER (Non-Australian Deliveries)
Note: The specific international annexures have been removed. This section is a general guide for clients using couriers for delivery outside of Australia.
- Any client wishing to have their orders sent internationally using our delivery system will be required to give **3 Suns Creative** their required tax/customs number (e.g., TIN) for customs and clearance purposes prior to placing any orders.
- Delivery must be added and paid for when placing your order online. GST will not be charged on the invoice for international exports.
- Clearance fees and duties will be paid by you when the shipment arrives in the destination country.
- Tracking will be available on the **3 Suns Creative** dashboard for all orders.
- You may contact the courier for additional tracking requirements once goods have left **3 Suns Creative**.
CANCELLATIONS AND RETURNS
**Order Cancellation and Damages:**
Once an order is confirmed, it becomes a binding contract and cannot be cancelled. Any damages or shortages must be reported within twenty-four (24) hours of collection or delivery.
**Cancellation Policy:**
- Failure to make full payment within ten (10) working days may result in order cancellation.
- For orders valued above AUD 500 (excluding GST) that are cancelled, a 15% handling and administrative fee will be charged.
- The company reserves the right to cancel an order and impose a 15% handling fee in case of non-payment.
- In the case of cancelled orders where layouts have been completed, a layout fee of AUD 100 (excluding GST) per layout will be levied.
- Orders that include multiple components requiring consolidation cannot be cancelled or returned once the stock has been consolidated.
- No cancellations will be accepted after final artwork approval and commencement of branding work.
- Should clothing items that have been worn need to be returned, they must be laundered before being sent back for hygiene purposes. A laundry fee of AUD 7.50 per garment will be charged to your account if unclean worn clothing items are returned.
- We do not accept returns of any consumables, perishable items, memory sticks, masks, sanitisers, items which require assembly or consolidation as well as discontinued and clearance items unless the stock is faulty.
- No future orders will be processed unless prior cancellation fees have been settled.
**Faulty Goods and Returns:**
If a product supplied by 3 Suns Creative is found to be defective and/or covered under warranty, you must notify us within five (5) days from the date of receipt. It is important to promptly report any defective products or issues covered under warranty to the company within this time frame. Failure to do so may affect your eligibility for return or replacement.
**Returns Approval:**
Written approval from the company management is mandatory for returning collected stock. Returns will only be accepted with the accompanying invoice/s. A 25% handling and administrative fee applies to approved returns of collected stock.
WARRANTIES
**Guaranteed Goods**
Warranty coverage is available for new goods through 3 Suns Creative-specific warranties or original manufacturer’s warranties. However, certain goods exempt from product warranties may have latent defects, for which 3 Suns Creative is not responsible.
**Fitness for Purpose:**
3 Suns Creative does not warrant that the goods are suitable for any specific purpose.
**Liability and Repairs:**
Our liability is limited to repairing or replacing faulty goods or issuing a credit of equivalent value. In case of returned goods with no fault found, all associated costs will be passed on to the customer.
INTELLECTUAL PROPERTY
**Limited License:**
By accessing this website, users are granted a limited, non-exclusive license to access and use the content provided for personal, non-commercial purposes. Users must not use, reproduce, modify, or distribute the content, including text, graphics, images, videos, and audio, without obtaining prior written consent from 3 Suns Creative, except as expressly permitted.
**Trademarks and Logos:**
The trademarks, logos, and service marks displayed on this website are the property of 3 Suns Creative or their respective owners. Users are strictly prohibited from using any trademarks or logos from this website without obtaining prior written consent from 3 Suns Creative or the respective trademark owner.
**User Submissions:**
By submitting any content, users grant **3 Suns Creative** a non-exclusive right to use, reproduce, modify, and adapt such submissions for the purposes of fulfilling order requests and to use such material for illustrative and branding purposes. **3 Suns Creative** does not claim ownership of users’ intellectual property and will not use it for any other purpose without obtaining explicit consent. Users warrant that they have all necessary rights, licences, and permissions to use and submit such materials. Users further agree to indemnify and hold **3 Suns Creative** harmless against any claim, demand, loss, or expense (including legal costs) arising from or in connection with any alleged or actual infringement of intellectual property rights.
DISCLAIMER
Your utilisation of the Website is undertaken entirely at your own risk. Whilst we endeavour to ensure the accuracy and completeness of the content, we provide no guarantee as to its quality, timeliness, operation, integrity, availability, or functionality. We hereby disclaim any liability for any direct, indirect, or consequential damage, loss, or liability arising from your access or use of the Website. The Website and all information provided therein are provided “as is” without any warranty. We make no warranty or representation that the information or files available on the Website are free from viruses.
LIMITATION OF LIABILITY
3 Suns Creative shall not assume any liability for any direct, indirect, incidental, special, or consequential damages resulting from your use of the Website. By using the Website, you agree to indemnify and hold 3 Suns Creative harmless against any loss, claim, or damage arising from your use of the Website.
PRIVACY POLICY SUMMARY
Our Privacy Policy outlines how our website safeguards the privacy of its users in compliance with applicable **Australian** data protection laws.
- Collection and Processing of Personal Information: We will only collect and process personal information provided by users for specified purposes such as order processing, customer inquiries, enhancing user experience, and legal compliance.
- Third-Party Disclosure: We will not disclose or sell users’ personal information to any third parties without explicit consent.
- Security Measures: We implement appropriate security measures to protect users’ personal information.
- User Rights: Users have the right to access, correct, or delete their personal information. These rights can be exercised by contacting our designated data protection officer via email, `privacy@3sunscreative.com.au`.
- Use of Cookies: Our website may use cookies or similar technologies to improve user experience.
- Consent: By using our website, users acknowledge and consent to the collection, processing, and storage of their personal information. Please refer to our website footer (https://3sunscreative.com.au/) for the complete Privacy Policy.
FORCE MAJEURE
If either Party is prevented or restricted from carrying out any of its obligations because of strike, lock-out, fire, explosion, floods, riot, war, accident, act of God, embargo, legislation, or any other cause or contingency beyond the control of that Party, the Party so affected shall be relieved of its obligations during the period that such event continues. Should such force majeure continue for more than 90 days then the Party who shall not have invoked the force majeure shall be entitled forthwith to cancel this Agreement.
GOVERNING LAW
These terms and conditions shall be governed and interpreted by the laws of Australia, including but not limited to:
- Australian Consumer Law (ACL)
- Electronic Transactions Act 1999 (Cth)
- Corporations Act 2001 (Cth)
- Privacy Act 1988 (Cth) (Australian Privacy Principles)
ARBITRATION
Any disputes arising from or related to this agreement shall be resolved through arbitration, governed by the relevant commercial arbitration law in the applicable Australian jurisdiction.
DOMICILIUM AND NOTICES
Correspondence between the parties shall be sent to the following placeholder address for 3 Suns Creative Pty Ltd:
3 Suns Creative Pty Ltd
57-59 Alleyne Street, Chatwood, Sydney NSW 2067
Australia
Notices shall be considered received under the specified conditions for in-person delivery or email.
GENERAL
This Agreement represents the entire understanding between the parties, superseding any prior agreements. Neither party is bound by any terms, representations, or promises that are not explicitly recorded in this Agreement. No changes or cancellations of this Agreement shall be valid unless in writing and signed by or on behalf of both parties. This Agreement does not create a partnership, joint venture, agency, or employment relationship.
ANNEXURE
SAMPLE POLICY
- Samples are available for purchase and collection from our Australian Showroom and through our online platform.
- All sample orders need to be paid for and collected within 5 working days from the invoice date.
- Clients ordering samples from our Australian branch locations may have these sent overnight to the respective branches.
RETURNS AND REFUNDS OF SAMPLES
- The following samples may not be returned:
- Those with an individual product price of less than AUD 30.00 (excluding GST);
- Any branded items; and
- Consumables and perishables.
- If the samples returned are deemed acceptable by 3 Suns Creative, in its sole discretion, it will process a refund or credit note.
- Sample orders exceeding 10 line items that need to be returned for credit will only be accepted at the **primary Australian office**, to be returned at your expense.
BRANDING
- Branding will only commence once the layout is approved and full payment is received.
- Artwork received in the incorrect format will attract a redrawing fee of **AUD 200** excluding GST.
- Branding cancelled after layouts have been generated will be charged for at **AUD 100** excluding GST per layout completed.
DISPLAY AND WORKWEAR POLICIES
- **Display:** Display hardware that is under warranty and requires repair must be returned to **3 Suns Creative’s** primary **Australian** office at the client’s own expense.
- **Workwear:** Manufacture will only commence when the order is received and, for COD clients, full payment is received. Once a sales order is generated, your order may not be cancelled or changed.
DISCLAIMERS AND INFORMATION
- The artwork, designs, and trademarks displayed on products are purely illustrative and are shown only to demonstrate the type and quality of branding **3 Suns Creative** offers. By supplying an image, artwork, or logo to **3 Suns Creative**, the owner or supplier warrants that **3 Suns Creative** is authorised to use such material.