Terms & Conditions​

In these Terms & Conditions of Trade:
“Agreement” means any Agreement or Contract entered into for the provision of goods or services by Ardent Artisan Pty Ltd (“Easy Hats”) to the Customer.
“Customer” means a person, firm or corporation, jointly and severally if more than one obtains goods and services.
“Intellectual Property” means all copyright, trademarks, designs, patents, specifications, formulations and confidential information, whether registrable or not.
“GST” has the meaning given to that term in A New Tax System (Goods & Services Tax) Act 1999 as amended.
“Goods or Services” means the goods or services provided by Easy Hats to the Customer.
“Terms” means these Terms and Conditions of Trade.

DECORATION


1.1 COLOUR MATCHING
Please note: It is highly recommended that PMS colours are provided to match your corporate colours as close as possible when decorating with embroidery or screen/pad/plastisol printing. Exact matches are not always possible. If PMS colours are not provided we cannot take responsibility for incorrect colours, however, we will always do our best to match as close as possible.

1.2 EMBROIDERY
Photos of sample embroidery are not always an accurate indication of colours or stitching, therefore we also recommend sending a physical sample for your approval. Additional costs may apply for postage.
One sample is included as part of your quote. If you request any changes to artwork, size or colours additional set up costs may apply.
Please note that embroidery on caps without a centre seam running all the way from the top button to the peak (such as Trucker Mesh Caps) may be slightly off centre. Please allow tolerance of up to 5mm.

BASIS OF THE CONTRACT
2.1
Unless otherwise agreed by Easy Hats in writing, the Terms apply exclusively to every Contract for the sale of goods or services by Easy Hats to the Customer and cannot be varied or supplanted by any other Terms and Conditions, including the Customer’s Terms and Conditions of purchase (if any).
2.2 Any written quotation provided by Easy Hats to the Customer concerning the proposed supply of Goods or Services is :
(a) Valid for 30 days.
(b) Subject to the Customer offering to enter into an agreement and accepting these Terms.
2.3 Easy Hats in its absolute discretion may refuse to accept any offer. It is the Customer’s responsibility to provide Easy Hats with clear and accurate specifications and specific requirements in relation to the Goods or Services.
2.4 Easy Hats may vary or amend these Terms by written notice to the Customer at any time. Any variations or amendments will apply to orders made by the Customer after the date of the notice.

PRICING
3.1
Prices quoted exclude GST and any other taxes or duties imposed on or in relation to the Goods or Services. In addition to the payment of the price of Goods or Services, the Customer must pay any GST and any other taxes or duties imposed on the Goods or Services.
3.2 If the Customer requests any variation to the Agreement, Easy Hats may increase the price to account for the variation.
3.3 Where there is any change in the costs incurred by Easy Hats in relation to the Goods or Services, Easy Hats may vary its price for the Goods or Services in order to take account of any such change, by notifying the Customer.
PAYMENT
4.1
Subject to the following sub-clauses, payment for Goods or Services must be made within 30 days from the date that the Goods or Services are invoiced.
4.2 Easy Hats reserves the right to require payment in full prior to or on delivery of the Goods or commencement of the Services.
4.3 Payment terms may be revoked or amended at the sole discretion of Easy Hats immediately upon giving written notice to the Customer.
4.4 The Customer must not, on the grounds of alleged non-compliance with quantity, standard or performance, or any other reason, withhold or deduct payment of any amount due whatsoever.

PAYMENT DEFAULT
5.
If the Customer defaults in payment by the due date of any amount payable to Easy Hats then all monies which would become payable by the Customer to Easy Hats at a later date on any account, become immediately due and payable and Easy Hats may, without prejudice to any other remedy available to it:
(a) Claim a general lien over all the Customer’s goods and the Customer’s goods in the possession of Easy Hats and subject to giving 14 days’ written notice to the Customer, sell the Goods in any manner as Easy Hats deems appropriate and allocate the proceeds to the repayment of any sum which is due and payable by the Customer to Easy Hats;
(b) Charge the Customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 plus 2% for the period from the due date until the date of payment in full;
(c) Charge the Customer for and the Customer must indemnify Easy Hats from, all costs and expenses (including without limitation all legal costs and expenses) incurred by it resulting from the default or in taking action to enforce compliance with the Terms or to recover any goods;
(d) Cease or suspend for such period as Easy Hats thinks fit, supply of any further Goods or Services to the Customer;
(e) By notice in writing to the Customer, terminate any agreement with the Customer so far as unperformed by Easy Hats;
without effect on the accrued rights of Easy Hats under this Agreement.
PASSING OF PROPERTY
6.
Until full payment in cleared funds is received by Easy Hats for all Goods or Services supplied to the Customer as well as all other amounts owing to Easy Hats by the Customer:
(a) Title and property in all Goods remain vested in Easy Hats and do not pass to the Customer.
(b) The Customer must hold the Goods as fiduciary bailee and agent for Easy Hats.
(c) The Customer must keep the Goods separate from its other goods and maintain the labelling and packaging of Easy Hats.
(d) The Customer is required to hold the proceeds of any sale of the Goods on trust for Easy Hats on a separate account, however, failure to do so will not affect the Customer’s obligations to deal with the proceeds as trustee.
(e) Easy Hats may without notice, enter any premises where it suspects the Goods may be and remove them, notwithstanding that they may have been attached to other goods which are not the property of Easy Hats, and for this purpose, the Customer irrevocably licenses Easy Hats to enter such premises and also indemnifies Easy Hats from and against all costs, claims, demands or actions by any party arising from such action.

PERFORMANCE OF AGREEMENT
7.1.1
Any period or date for delivery of Goods or the provision of Services stated by Easy Hats is
intended as an estimate only and is not a contractual commitment. If for any cause or reason beyond Easy Hats control delivery may be hindered, the Agreement shall be voidable at Easy Hats option with no right given to the Customer to claim for any damage, loss, cost or expense whatsoever.
7.1.2 Easy Hats will use its reasonable endeavours to meet any estimated dates for delivery of the Goods or completion of the Services by Easy Hats and Easy Hats shall not accept any liability whatsoever for any delays from any cause whatsoever.

SUPPLIER’S WARRANTIES
8.
Unless otherwise agreed in writing by Easy Hats, the Customer will be responsible for all costs associated with delivery, including freight, insurance and other charges arising from the point of dispatch of the Goods to the Customer to the point of delivery.

ACKNOWLEDGEMENTS
9.
The Customer acknowledges that:
(a) It has the sole responsibility of satisfying itself that the Goods or Services are suitable for the use of the Customer or any contemplated use by the Customer, whether or not such use is known by Easy Hats.
(b) Any description of the Goods provided in a quotation or invoice is given by way of identification only and the use of such description does not constitute a contract of sale by description.
(c) The Customer may not have revealed to Easy Hats the full contents or specifications of the Goods and as a consequence, Easy Hats cannot be held responsible for the effect of the use to which the Customer puts the Goods.
(d) The Customer cannot make any claim or demand for any matters hereinbefore referred to in this clause.

CANCELLATION
10.
1 If there are circumstances beyond the control of Easy Hats and Easy Hats is unable to effect delivery or provisions of the Goods or Services, then Easy Hats may cancel the Customer’s order (even if it has already been accepted) by notice in writing to the Customer and Easy Hats accepts no liability in relation thereto.
10.2 No purported cancellation or suspension of an order or any part thereof placed by the Customer is binding on Easy Hats after that order has been accepted.
10.3 If the Customer cancels, suspends or alters an order after acceptance by Easy Hats, then the Customer will be liable to pay all costs incurred by Easy Hats including but not limited to, labour, costs, material, administration costs for work carried out on the order prior to cancellation or suspension and the loss of profit that Easy Hats would have received had the order been processed.

RETURNS AND EXCHANGES
11.1
Easy Hats will not be liable for any defects, shortages, damage or non-compliance with the specifications in the Agreement unless the Customer notifies Easy Hats in writing with full details within 5 days of delivery of the Goods or provision of the Services.
11.2 If the Customer fails to give the aforesaid notice as required, it is deemed to have accepted the Goods or Services.
11.3 If any defects, shortages, claim for damages or non-compliance with the Agreement specifications are accepted by Easy Hats, Easy Hats may, at its option, replace the defective or missing Goods or re-provide Services, or refund the price of the defective or missing Goods or Services.
11.4 Easy Hats will not under any circumstances accept goods for return:
(a) That have been altered in any way;
(b) That have been used; or
(c) That are not in their original condition and packaging.
11.5 The Customer must obtain Easy Hats prior to written approval for the return of goods and pay all service, material and freight charges associated with the return of Goods unless Easy Hats accepts the reason stated for the return is due to its fault. The Customer is liable to pay Easy Hats for those Goods or Services that are retained by the Customer and which are not the subject of any defect, damage or non-compliance with the specifications in the Agreement.

INTELLECTUAL PROPERTY
12.1
The Customer acknowledges that it has no priority right or interest in any intellectual property created or owned by Easy Hats in the design, creation or manufacture of the Goods or provision of the Services. The Customer must not at any time create, sell, manufacture or process any goods or services using or taking advantage of Easy Hats intellectual property without prior written consent.
12.2 The Customer warrants that, where it provides intellectual property for use by Easy Hats in relation to the Goods or Services, it is legally entitled to do so and the Customer will indemnify Easy Hats against all claims made against Easy Hats with regard to any intellectual property rights that a third party may claim to hold in regard to the Customer’s Goods or Services.
12.3 Any intellectual property provided to the Customer by Easy Hats in connection with the Goods or Services remains the exclusive property of Easy Hats and must be returned to Easy Hats on demand and must not be copied, reverse engineered or communicated to any third party without the express written consent of Easy Hats.

GRANT OF LICENCE
13.
Subject to this Agreement, Easy Hats hereby grants to the Customer a limited, non-exclusive, non-transferable licence to use the intellectual property relating to the Goods or Services for the Customer to use the Goods or benefit from the Services. The Customer must not in any way assign, transfer, modify or alter Easy Hats intellectual property in an unauthorised manner or for an unauthorised purpose.

RISK AND INSURANCE
14.
The risk in the Goods and all insurance responsibility for theft, damage or otherwise in respect of the Goods will pass to the Customer immediately on the Goods being despatched from Easy Hats premises and the Customer assumes all risk and liability for loss, damage or injury to persons or to property of the Customer, or third parties arising out of the use or possession of any of the Goods sold by Easy Hats.

LIABILITY
15.1
Except as specifically set out herein, or contained in any warranty statement provided with the Goods or Services any term, condition or warranty in respect of the quality, merchantability, fitness for purpose, condition, description, assembly, manufacture, design or performance of the Goods or Services, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded to the extent that the law permits. Easy Hats is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, howsoever caused, including but not limited to loss of turnover, profits, business or goodwill or any liability to any other party.
15.2 Easy Hats will not be liable for any loss or damage suffered by the Customer where Easy Hats has failed to deliver Goods or Services or fails to meet any delivery date or cancels or suspends the supply of Goods or Services.

ENFORCEABILITY
16.
If any part of the Terms is unenforceable, it shall be read down so as to be enforceable or, if it cannot be so read down, the part shall be severed from these Terms without affecting the enforceability of the remaining part of the Terms.

CONFIDENTIALITY
17. The Customer undertakes and agrees that it will not disclose any confidential information to any person or use any knowledge or information obtained by it from Easy Hats during the period of this Agreement or thereafter which is of a secret or confidential nature relating to the business, equipment, processes, services or product content offered or used by Easy Hats without prior written consent from Easy Hats

ENTIRE AGREEMENT
18.
These Terms contain the entire agreement between Easy Hats and the Customer and no variation hereof shall be binding on Easy Hats unless such variation is in writing and signed by a duly authorised officer of Easy Hats.

Privacy and Cookies

This privacy policy sets out how Easy Hats uses and protects any information you give Easy Hats when using this website. Easy Hats is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, you can be assured that it will only be used according to this privacy statement. Easy Hats may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
What we collect

We may collect the following information:
name
contact information including email address
demographic information such as postcode, preferences and interests
other information relevant to customer surveys and/or offers

What we do with the information we gather
We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
Security
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
How we use cookies
A cookie is a small file that asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
Links to other websites
Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Controlling your personal information
You may choose to restrict the collection or use of your personal information in the following ways:
whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you do not want the information to be used by anybody for direct marketing purposes
if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at admin@easyhats.com.au
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.
You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to email admin@easyhats.com.au
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.