Legal
Terms & Conditions
These Terms govern your access to and use of brndy.au and any domain names or subdomains owned and controlled by BRNDY that redirect to or host the BRNDY website, as well as any orders or dealings with BRNDY.
1. Definitions & Interpretation
In these Terms, "BRNDY", "we", "us", "our" refers to the BRNDY business operated by a sole trader in New South Wales, Australia.
"Website" means brndy.au and any related domains, subdomains or redirected domains operated by BRNDY, including brndy.com.au and www.brndy.com.au.
"Quote" means a written quotation issued by BRNDY (including via the Website or email) that specifies pricing, quantities and other terms.
"Order" means a purchase order accepted by BRNDY in accordance with these Terms.
"Production Commencement" means the time BRNDY sends production instructions to a third-party supplier and receives acknowledgement (including by email) that the order has been received for manufacture.
Nothing in these Terms excludes, restricts or modifies rights under the Australian Consumer Law (ACL) that cannot lawfully be excluded.
2. Eligibility & Business Use
BRNDY primarily supplies goods to business customers. These Terms apply to both business and retail customers. Certain ACL consumer guarantees may apply where relevant.
You warrant that any information you provide is accurate, complete and up to date (including delivery details and contact information).
BRNDY does not provide services to businesses operating in prohibited industries, including the adult industry, gambling or firearms, or any industry that, in BRNDY's reasonable opinion, may expose BRNDY to legal, regulatory or reputational risk.
BRNDY reserves the right to decline service at its discretion.
3. Quotes, Orders & Acceptance
Quotes are valid for 14 days unless otherwise stated and are non-binding until accepted by you and confirmed by BRNDY.
An order is formed only when you accept a quote and BRNDY confirms acceptance in writing.
Restock Planner generates a new quote based on your previous order template. It is provided for convenience only and does not constitute an automatic reorder.
You must review the quote and explicitly accept (or amend and then accept) it before it becomes an order. Each restock is treated as a new order and is subject to current pricing, availability and production timeframes.
BRNDY reserves the right to amend or withdraw a Restock Planner quote prior to acceptance.
4. Uploaded Content & Intellectual Property
You warrant you own, or have all necessary rights and permissions to use and reproduce any uploaded logos, artwork, text or other materials.
By uploading content or placing an order, you grant BRNDY a non-exclusive, royalty-free, worldwide licence to store, reproduce and modify uploaded content for the purposes of generating previews, proofing and manufacturing your custom products, including sharing with third-party manufacturers, suppliers and logistics providers strictly for fulfilment.
Uploaded content may be stored after fulfilment to support future reorders and related services. You may request deletion in writing, noting this may affect your ability to reorder quickly.
BRNDY will not accept, upload, host or produce materials that include or promote adult or sexually explicit content, self-harm, illegal drugs or drug paraphernalia, unlawful activities, hate speech, discrimination, violence, or any content that may reasonably expose BRNDY to legal, regulatory or reputational risk. This restriction applies to text, images, video, logos and any other medium.
Portfolio use
Unless you opt out at checkout, BRNDY may use images of completed products for portfolio/marketing. BRNDY will not sell or license your logo independently of the custom products.
5. Mockups & Artwork Approval
Previews and mockups are illustrative only. Minor variations between digital previews and printed output may occur (including colour tone, print placement and material finish).
Proof images supplied for approval must be reviewed and approved within 5 business days. Delays in approval will delay fulfilment timelines. BRNDY is not responsible for delays caused by late approvals.
No paid print samples or physical proofs are offered at this time.
6. Pricing, Payment & Taxes
All prices are in AUD. GST is applied where required by law.
Unless otherwise agreed in writing, full payment is required within 14 days of invoice date.
Production Commencement will not occur until payment is received in cleared funds, and goods will not be dispatched until payment has been received in full.
BRNDY does not extend credit terms by default. Trade accounts may be offered at BRNDY's discretion and may be withdrawn at any time.
7. Minimum Order Quantities
Orders must meet the minimum order quantities (MOQs) specified on the Website and/or within a Quote. MOQs may vary by product and supplier.
8. Product Specifications & Suitability
Product descriptions, dimensions, images, colours, capacity guidance and load ratings are provided to help customers choose suitable products. Images and mockups are illustrative only and may not show exact scale, colour, texture, print placement or finish.
Where a product is described as carrying or holding up to a stated weight, that guidance assumes normal handling conditions, evenly distributed contents and use consistent with the product's ordinary purpose.
You are responsible for checking that the product is suitable for your intended use, contents, storage conditions, handling method and customer environment. This is particularly important for hot, wet, chilled, frozen, heavy, sharp, greasy or unusually shaped contents.
BRNDY is not responsible for issues caused by overloading, uneven loading, unsuitable contents, incorrect storage, exposure to moisture, heat, grease or sharp items, or use of the goods outside their ordinary purpose.
Nothing in this section excludes, restricts or modifies any rights under the Australian Consumer Law that cannot lawfully be excluded.
9. Cancellation
Once an order is confirmed, it enters BRNDY's production queue and may be scheduled for manufacture. BRNDY may, at its discretion, attempt to halt production where Production Commencement has not occurred. BRNDY is under no obligation to do so and does not guarantee that production can be stopped.
As a guide, cancellation requests made within 24 hours of order confirmation are more likely to be accommodated.
Once Production Commencement has occurred, the order cannot be cancelled.
If BRNDY agrees to cancel an order, BRNDY may deduct from any refund costs already incurred (including supplier charges, setup fees and non-recoverable expenses), subject to rights under the Australian Consumer Law.
10. Delivery, Risk & Title
Delivery timeframes are estimates only and are calculated from Production Commencement.
BRNDY bears the risk of loss or damage in transit until delivery to your nominated address, as evidenced by delivery records.
Legal title and ownership of the goods remain with BRNDY until full payment for the relevant order has been received in cleared funds. Until title passes, BRNDY reserves the right to withhold delivery or otherwise deal with the goods in accordance with these Terms.
11. Defects, Damage & Shortages
You must inspect goods upon delivery. Claims relating to visible defects, transit damage, incorrect goods or quantity discrepancies must be notified in writing within 14 days of delivery.
Claims must include photographic evidence, batch/production references (if applicable), and you must retain original packaging until the claim is resolved.
Where a defect is confirmed, replacement is the primary remedy. If replacement is not feasible, BRNDY may provide credit or refund, subject to ACL rights (including major failure rights where applicable).
Minor variations between approved proof images and printed goods, including colour tone, print placement, material finish and production tolerances, do not constitute a defect unless they materially affect the usability of the goods or fall outside reasonable production standards.
BRNDY is not responsible for issues caused by misuse, unsuitable contents, incorrect storage, overloading, uneven loading, exposure to moisture, heat, grease or sharp items, or use of the goods outside their intended purpose.
12. Force Majeure
BRNDY is not liable for delay or failure to perform obligations where such delay or failure results from events beyond reasonable control, including supplier/manufacturer failure, freight disruption, material shortages, industrial action, natural disasters, government restrictions or public health events.
If a force majeure event substantially delays performance, BRNDY may suspend or cancel the affected order and refund amounts paid for undelivered goods where appropriate.
13. Limitation of Liability
Nothing in these Terms excludes, restricts or modifies any rights, guarantees, remedies or liabilities under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.
Subject to the above, BRNDY's total aggregate liability for any claim arising out of or in connection with an order, whether in contract, tort including negligence, statute, indemnity or otherwise, is limited to the amount paid for the affected goods within the relevant order.
To the maximum extent permitted by law, BRNDY is not liable for any indirect, special, incidental, punitive or consequential loss, including loss of profit, revenue, business opportunity, goodwill, reputation, production time, customer orders, market exposure or business interruption.
Where BRNDY is permitted by law to limit its liability for a failure to comply with a consumer guarantee or other statutory obligation, BRNDY limits its liability, at its option, to the replacement of the goods, the supply of equivalent goods, the repair of the goods, or the payment of the cost of replacing or repairing the goods.
14. Indemnity
You indemnify BRNDY against all claims, liabilities, damages, losses and expenses (including full legal costs on an indemnity basis) arising out of or in connection with your breach of these Terms, your uploaded content, misuse of BRNDY services, or defamatory/unlawful conduct directed at BRNDY (including fake reviews or threats).
15. Refusal of Service & Termination
BRNDY may refuse service, suspend or terminate orders immediately where you operate in a prohibited industry (including adult industry, gambling or firearms), provide unlawful or restricted content, or where the relationship may reasonably expose BRNDY to legal, regulatory or reputational risk.
BRNDY may also refuse service or terminate an Order where you engage in abusive, threatening, violent, discriminatory or harassing conduct toward BRNDY, its staff, contractors, suppliers, logistics partners or associates, whether online or offline.
Where termination occurs after Production Commencement, BRNDY may retain amounts paid to cover costs already incurred.
16. Insolvency
If you become insolvent or unable to pay debts as they fall due, BRNDY may cancel pending orders. Any deposit (if applicable) may be applied to costs incurred, with any remaining balance handled in accordance with law and practicality.
17. Changes to These Terms
BRNDY may update these Terms from time to time. The version of the Terms in effect at the time an order is placed will apply to that order.
18. Governing Law
These Terms are governed by the laws of New South Wales, Australia. The courts of New South Wales have exclusive jurisdiction in relation to any dispute.