Terms of service

Last updated: December 2025  ·  VS Wear  ·  ABN: 47 642 217 392

1. Who We Are

VS Wear (ABN 47 642 217 392) is an Australian owned and operated business operating at vswear.com.au and shop.vswear.com.au, with its head office located in Surry Hills, New South Wales. VS Wear designs, produces, and supplies custom sublimated sportswear, uniforms, and apparel to clubs, schools, businesses, and organisations across Australia.

VS Wear was previously known as SA Sportswear and rebranded to VS Wear in 2025. These Terms apply to all orders placed with VS Wear, including reorders of designs originally produced under the former trading name.

For all enquiries and support, contact us at hello@vswear.com.au or call 1800 845 056. Our office hours are Monday to Friday, 9am to 5pm AEST (excluding public holidays).

2. Definitions

In these Terms, the following definitions apply:

• "VS Wear", "we", "us", "our" means VS Wear (ABN 47 642 217 392).
• "Customer", "you", "your" means the individual, club, school, association, business, or organisation placing an order or enquiry with VS Wear, and any person who places, approves, or pays for an order on their behalf.
• "Order" means a confirmed, paid or deposit-paid purchase of custom garments from VS Wear.
• "Approved Artwork" or "Approved Mockup" means the final digital design proof that has been expressly approved in writing by the Customer prior to production.
• "Order Specifications" means the agreed details of an Order, including design, colours, logos, sizing breakdown, quantities, and garment specifications, as set out in the Approved Mockup, order summary, or invoice.
• "Customer-Supplied Content" means any design, logo, image, graphic, artwork, photograph, text, name, number, or design element provided by the Customer to VS Wear for use in manufacturing.
• "Production" means the commencement of manufacturing of garments following receipt of the Customer's written artwork approval and required payment.
• "Defect" means a genuine manufacturing fault caused by VS Wear that was not present in or consistent with the Approved Artwork and Order Specifications, and that was not caused by normal wear and tear, misuse, or improper care.
• "ACL" means the Australian Consumer Law as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth).
• "In writing" includes email and other electronic messages.

3. Agreement and Acceptance

These Terms apply to all orders placed with VS Wear, and to all dealings, communications, and activities of any kind between you and VS Wear in connection with the supply of garments, apparel, or related services, whether conducted via our website, email, phone, in person, or any other channel. By taking any of the following actions, you agree to be bound by these Terms in full:

• Submitting a quote request or order enquiry;
• Engaging VS Wear in, or entering into, any business, dealings, communications, or activities in connection with the supply of garments, apparel, or related services;
• Approving a design mockup or artwork proof in writing;
• Paying a deposit or making any payment to VS Wear; or
• Paying any invoice issued by VS Wear, including invoices sent electronically. Payment of an invoice, in whole or in part, constitutes your acceptance of these Terms.

These Terms supersede any verbal representations, prior communications, marketing statements, or informal agreements unless expressly confirmed in writing by an authorised representative of VS Wear.

4. Authority to Place an Order

Where you place, approve, or pay for an Order on behalf of a club, school, association, business, or other organisation, you warrant that you are duly authorised to bind that organisation to these Terms. If you are not so authorised, or if the organisation does not exist as a separate legal entity, you accept personal liability for the Order and for all amounts payable under it. VS Wear is entitled to rely on the instructions, approvals, and payments of any person who appears to be acting with the Customer's authority, and is not required to verify that authority.

5. Custom-Made Nature of Products

All products manufactured by VS Wear are custom-made to order. Each garment is produced exclusively to the Customer's Order Specifications, including design, colours, logos, sizing, and quantities. Because every Order is manufactured from scratch to your individual requirements, the products are not suitable for resale or repurposing by VS Wear. For this reason, custom-made products are excluded from change-of-mind returns, and your rights to return goods are limited to those expressly stated in these Terms and those that cannot lawfully be excluded under the ACL.

6. VS Wear Branding on Garments

All garments manufactured by VS Wear will carry the VS Wear manufacturer's branding (label, tag, or woven or sublimated logo) as a standard feature of every product. This branding identifies VS Wear as the manufacturer and is applied to all garments as a matter of course. By placing an Order, the Customer acknowledges and agrees that VS Wear manufacturer branding will be present on all garments supplied. No Order will be fulfilled without this branding unless otherwise agreed in writing by VS Wear management prior to order confirmation. Any request to omit or alter VS Wear branding may attract an additional fee and is at VS Wear's sole discretion.

7. Quotes, Orders, and Order Confirmation

Submitting a quote request does not place you under any obligation and does not constitute a confirmed Order. Your Order is only confirmed and enters the production queue when all of the following conditions have been met:

• You have provided written approval of the final design mockup and Order Specifications (including sizing breakdown, quantities, and garment specifications);
• VS Wear has received the required deposit or full payment as detailed on your invoice; and
• VS Wear has issued written confirmation that your Order has been accepted and is in production.

Quotes are valid for the period specified on the quote document, or, where no period is specified, for 30 days from the date of issue. VS Wear reserves the right to revise pricing if the Customer's quantities, specifications, garments, artwork, or requirements change after the initial quote is issued, or if the quote is accepted after its validity period. Any response times, mockup turnaround times, or reply times referred to by VS Wear are targets only and are not guaranteed or binding.

8. Pricing, GST, and Payment Currency

All prices are in Australian Dollars (AUD) and include GST unless otherwise expressly stated. VS Wear will issue a tax invoice with our ABN for all Orders. Pricing is based on the quantities and specifications provided by the Customer. If those quantities or specifications change, or if the Customer requests changes after a quote is issued, VS Wear reserves the right to adjust pricing accordingly. Promotional pricing, discounts, and comparative statements are subject to the conditions stated at the time they are offered. Shipping and freight charges are addressed separately in Clause 21.

9. Payments and Deposits

VS Wear requires the following payment terms for all Orders:

• A deposit of 50% of the total Order value is required to commence design and Production. Production will not begin, and design resources will not be fully allocated, until this deposit is received.
• The remaining balance, together with any shipping charge invoiced separately (see Clause 21), is due and payable prior to dispatch of the finished garments. VS Wear reserves the right to withhold dispatch until full payment is received in cleared funds.
• For schools, universities, colleges, and approved institutional accounts, VS Wear may offer purchase order (PO) invoicing terms at its discretion.

Accepted payment methods include bank transfer (EFT), credit card, and PayPal. All payments must be made in Australian Dollars (AUD). VS Wear reserves the right to charge any applicable transaction or surcharge fees for certain payment methods, as advised at the time of payment.

Late payment. Where any amount remains unpaid after its due date, VS Wear may suspend work, withhold dispatch, and recover reasonable costs of collection (including legal and debt-recovery costs). Goods will not be released until the Order is paid in full in cleared funds.

Chargebacks and disputed payments. The Customer agrees not to initiate a chargeback, payment reversal, or dispute in respect of an Order that has been placed and approved in accordance with these Terms. Because all garments are custom-made and cannot be resold, an unjustified chargeback does not relieve the Customer of liability for the full Order value, and VS Wear reserves the right to recover that value together with any associated fees and costs.

By paying any invoice issued by VS Wear, you confirm your acceptance of these Terms.

10. Design Service, Mockups, and Design Fees

10.1 Design Service Included With Orders. VS Wear's design and mockup service is provided as part of the overall order service for confirmed Orders. We provide professional design mockups and offer revisions to assist Customers in finalising their artwork prior to Production. This design service is part of the order process and is not a standalone service offered independently of an Order.

10.2 Pre-Order Mockups. In certain circumstances, and at VS Wear's sole discretion (typically for larger Orders), VS Wear may choose to provide preliminary design mockups prior to receipt of a deposit. Where this occurs, it does not create any obligation on VS Wear to continue providing design services without payment, does not entitle the Customer to ongoing free design work, and does not constitute a waiver of these Terms. In most cases, a 50% deposit is required before design and Production commence.

10.3 Design and Administration Fee. Where VS Wear's design team has commenced or completed design work and the Customer subsequently decides not to proceed, or the Order is cancelled or does not proceed for any reason after design work has begun, VS Wear reserves the right to charge a design and administration fee. This fee reflects the time, labour, and resources invested in preparing your custom artwork and may be deducted from any deposit paid or invoiced separately. By instructing or approving design work to commence, you acknowledge that this fee may be payable if you choose not to proceed.

10.4 Unlimited Revisions Before Approval. VS Wear offers revisions to your design mockup prior to your written approval. Once you have provided written approval of the final mockup, no further design changes will be made and Production will proceed based on the Approved Artwork. Any changes requested after written approval may be treated as a new design, and additional design, set-up, or production fees may apply at VS Wear's discretion.

11. Artwork Approval and Customer Responsibility

The Customer bears full responsibility for reviewing and approving all design mockups and Order Specifications before Production commences. Once written approval is given, VS Wear will manufacture your garments in accordance with the Approved Artwork and Order Specifications. By giving your written approval, you confirm that:

• All text, names, numbers, initials, logos, and design elements are correct and spelled correctly;
• The sizing breakdown, size allocations (including any individual player names and numbers), and quantities are accurate and complete;
• The colours, layout, and design as shown in the mockup are accepted; and
• You have the legal right to use all logos, images, names, and design elements included in the artwork (see Clause 17).

VS Wear will not be liable for any error in the final product that arises from information approved by the Customer, including but not limited to spelling errors, incorrect sizing, incorrect or transposed player names or numbers, incorrect quantities, or design elements approved in the final mockup. It is the Customer's responsibility to check name-and-number lists and size run sheets carefully before approval.

12. Colour Representation, Design Accuracy, and Batch Variation

VS Wear endeavours to ensure that the colours and design details in the final product closely match the Approved Artwork. However, the Customer acknowledges and agrees that:

• Digital screens (monitors, phones, tablets) vary significantly in colour calibration, brightness, and colour profile. The colours displayed on any screen used to view a mockup may differ from the finished printed garment.
• Dye sublimation printing on fabric may produce slight colour variations compared with colours displayed on screen or specified by reference (including Pantone or hex references). These variations are an inherent characteristic of the sublimation process and do not constitute a Defect.
• Minor variations in shade, tone, print position, or design positioning between the Approved Artwork and the finished garment are not grounds for a refund, return, or remake, provided the variation is not significant and would not cause a reasonable person to consider the product materially different from the Approved Artwork.
• Where colour accuracy is critical, the Customer is encouraged to request a physical pre-production sample before full Production (see Clause 15).
• Reorders and separate production runs. While VS Wear retains colour references and design files to support consistent reorders, minor variation in colour, shade, and fabric finish can occur between separate production runs and dye lots. Such minor batch variation is a normal characteristic of textile manufacturing and does not constitute a Defect.

VS Wear will not be liable for colour or finish differences attributable to the Customer's screen settings or display device, the inherent characteristics of the sublimation process, or normal batch and dye-lot variation, where those differences are minor and the product otherwise conforms to the Approved Artwork.

13. Designs Without Source Files (Including AI-Generated Designs)

Where a Customer provides a design, image, or design reference without supplying the original source or editable design files (for example, providing only a JPEG, PNG, screenshot, low-resolution image, or a design produced using artificial intelligence tools), the following conditions apply:

• VS Wear's design team will make every reasonable effort to replicate the supplied design as closely as possible. However, without access to the original source files, fonts, colour codes, and vector assets, an exact reproduction cannot be guaranteed.
• The finished product may differ from the Customer's supplied reference in elements including but not limited to font style, font weight, exact colour matching, fine detail, gradients, line work, and design positioning.
• By providing a design reference without source files and approving a mockup produced by VS Wear based on that reference, the Customer explicitly accepts that the finished product is based on VS Wear's best-effort replication and acknowledges that differences from the original reference do not constitute a Defect.
• Where a Customer has supplied an AI-generated image as a design reference, the Customer further acknowledges that AI-generated images are often technically unsuitable for direct use in production and that VS Wear's team will work from the image as a visual guide only. The Customer accepts all risk regarding differences between the AI-generated reference and the finished product.
• In all cases, the Approved Mockup, and not the Customer's supplied reference, is the definitive specification against which the finished product will be assessed.

14. Materials and Fabric Substitution

VS Wear will always endeavour to use the specific materials and fabrics selected or agreed during the quote and order process. However, the Customer acknowledges that material and fabric availability can vary due to supply conditions, manufacturing requirements, and stock availability. Where a selected material is unavailable or cannot be sourced within a timeframe that would allow on-time delivery, VS Wear reserves the right to substitute a material of comparable quality, weight, performance characteristics, and finish. VS Wear will endeavour to notify the Customer of any material substitution before Production where reasonably practicable. A material substitution that maintains equivalent performance standards does not constitute a Defect and does not entitle the Customer to a refund or remake.

15. Samples

Pre-production samples may be available for certain garment types at VS Wear's sole discretion, and are generally offered in connection with larger Orders. VS Wear does not produce one-off or standalone samples for Customers unless this has been expressly agreed and confirmed in writing by VS Wear as part of the order process. The Customer acknowledges that the availability of a sample is not an entitlement and that VS Wear is under no obligation to provide a sample before a full Order.

Sample fees are quoted on a case-by-case basis depending on the garment, design, and specifications, and are not fixed. Where a sample is produced, the Customer should use the sample to assess fit, fabric, and print quality before approving the full production run. Approval of a sample (or approval of a garment specification of which a sample is representative) constitutes the Customer's acknowledgement and acceptance that garments of that specification, including their fit, sizing, fabric, and feel, are acceptable to the Customer. VS Wear may, at its discretion, credit a sample fee against the final Order value. A sample is indicative only, and minor variation between a sample and the full production run (including colour, shade, and finish, as described in Clause 12) does not constitute a Defect.

16. Sizing and Fit

VS Wear provides detailed sizing charts and guidance to assist Customers in selecting appropriate sizing. The Customer is solely responsible for providing accurate sizing information and for confirming their sizing breakdown before artwork approval. VS Wear will manufacture garments according to the sizing information approved by the Customer and will not be liable for any sizing or fit issue where the garments were manufactured in accordance with the approved sizing breakdown.

Garments are manufactured to VS Wear's standard sizing specifications. Minor variations in measurements within industry-accepted tolerances (typically plus or minus 1 to 2 centimetres) do not constitute a Defect. The Customer acknowledges that sport performance garments are designed to fit closer to the body than everyday clothing, and that fit preferences are subjective. Dissatisfaction with fit, tightness, looseness, or feel, where the garments were manufactured to the approved sizing specifications, or where a sample of that specification was approved, is a matter of preference and is not a Defect or a ground for a remake, return, or refund.

17. Intellectual Property and Customer-Supplied Content

17.1 Customer Warranties. Where the Customer provides VS Wear with any logos, artwork, images, design elements, photographs, names, emblems, or other content for use in producing garments, the Customer warrants and represents to VS Wear that:

• The Customer is the legal owner of all Customer-Supplied Content, or has obtained all necessary licences, permissions, and consents to use it for the purposes of commercial reproduction on garments;
• The Customer-Supplied Content does not infringe the intellectual property rights (including copyright, trade mark, design rights, and any rights in names, emblems, or insignia) of any third party;
• The reproduction of the Customer-Supplied Content on garments will not constitute a breach of any third party's rights, including trade marks or protected names, emblems, or symbols registered or protected in Australia or any other jurisdiction; and
• The Customer has undertaken all necessary due diligence to verify that the Customer-Supplied Content is free from any third-party claim.

VS Wear accepts no responsibility or liability whatsoever for the legality, ownership, or right to use any Customer-Supplied Content. The Customer is solely and fully responsible for ensuring that every logo, name, emblem, image, and design element they supply or request can be used and commercially reproduced lawfully.

17.2 VS Wear's Right to Refuse. VS Wear reserves the right to decline to reproduce any artwork, logo, name, emblem, image, or design element that, in VS Wear's reasonable assessment, may infringe a third party's rights, or is offensive, obscene, defamatory, or otherwise unlawful. VS Wear is not obligated to conduct intellectual property or trade mark searches on behalf of the Customer, and any decision to proceed with reproduction is made in reliance on the Customer's warranties in Clause 17.1.

17.3 Customer Indemnity. The Customer indemnifies VS Wear and its officers, employees, agents, and contractors against any and all claims, losses, damages, costs (including reasonable legal costs on a full indemnity basis), and expenses arising from or in connection with any claim by any third party that the Customer-Supplied Content, or its reproduction on garments by VS Wear, infringes that third party's intellectual property rights or any other legal rights. This indemnity survives the completion or termination of any Order.

17.4 VS Wear Intellectual Property and Reuse of Design Elements. VS Wear retains all intellectual property rights in its design templates, design elements, production files, patterns, and any original artwork created by VS Wear's design team. Nothing in these Terms transfers ownership of VS Wear's intellectual property to the Customer.

Where VS Wear creates artwork based substantially on a Customer's specific brief, logos, and requirements, VS Wear acknowledges that the Customer retains ownership of the distinctive and unique elements identifiably belonging to the Customer (such as the Customer's own registered logos and trade marks). However, because VS Wear produces a very large volume of custom garments for a wide range of organisations, the Customer acknowledges and agrees that general design elements, motifs, stylistic approaches, structural layouts, colour treatments, patterns, and aesthetic techniques used in one Customer's Order may be reused, adapted, referenced, or drawn upon as inspiration in creating designs for other customers. By agreeing to these Terms, the Customer grants VS Wear the right to do so. VS Wear will not reproduce a Customer's distinctive registered trade marks, logos, club name, or branding for another customer without consent.

18. Order Cancellations

Due to the custom-made nature of all VS Wear products, the following cancellation policy applies:

• Before design work commences: Orders may be cancelled with a full refund of any deposit paid, provided no design work has begun.
• After design work has commenced but before Production: Orders may be cancelled; however, VS Wear reserves the right to deduct a design and administration fee from any deposit paid, reflecting the design and administrative time already invested (see Clause 10.3).
• Once Production has commenced: Orders cannot be cancelled. No refund of deposit or payments will be provided once manufacturing has commenced, and the Customer remains liable for the full Order value.

Production is deemed to have commenced once VS Wear's production team has begun cutting, printing, or otherwise processing materials for your Order following receipt of your written artwork approval and required payment. VS Wear will notify the Customer when Production has commenced where reasonably practicable.

19. Change of Mind

VS Wear does not offer refunds, returns, replacements, exchanges, or any other remedy where the Customer has changed their mind after approving the artwork or placing the Order. This applies to, but is not limited to, the following circumstances:

• The Customer no longer wants the garments after approving the design;
• The Customer selected an incorrect size, and the garments were manufactured according to the approved size breakdown;
• The Customer preferred a different design, colour, or style after Production;
• The Customer approved a design containing errors (such as spelling mistakes or incorrect names or numbers) and is dissatisfied with the finished product;
• The Customer's members, players, parents, or end recipients are dissatisfied with an aspect of the product that was nevertheless produced in accordance with the Approved Artwork and Order Specifications;
• The Customer considers the fit, sizing, tightness, looseness, or feel of the garments unsatisfactory, where those garments were manufactured according to the specifications and sizing approved by the Customer, or where a sample of that specification was approved; or
• There is internal disagreement within the Customer's organisation, committee, or membership after approval.

Where an Order is placed and fulfilled in accordance with the Customer's Approved Artwork and Order Specifications, VS Wear's obligations under these Terms are discharged in full. Dissatisfaction arising from subjective preferences, internal disagreements, or a change in the Customer's requirements after approval does not entitle the Customer to any remedy from VS Wear. Nothing in this clause limits any right that cannot lawfully be excluded under the ACL.

20. Title and Risk

Risk in the garments passes to the Customer on dispatch (or, where the Customer or their nominee collects the garments, on collection). From that point, the garments are at the Customer's risk and responsibility for the consignment in transit rests with the carrier as described in Clause 23. Title in the garments does not pass to the Customer until VS Wear has received payment in full of all amounts owing in respect of the relevant Order. Until title passes, the Customer holds the garments as bailee for VS Wear. The Customer is responsible for insuring the garments from the time risk passes.

21. Shipping and Freight Charges

VS Wear ships Orders from Sydney, New South Wales, to destinations across Australia. Shipping and freight charges are calculated based on factors including the delivery location, the weight and dimensions of the consignment, and the size and value of the Order. Depending on these factors, shipping charges may be:

• included in your initial invoice or deposit invoice; or
• invoiced separately once the Order is complete and the final weight, dimensions, and destination are known.

Where shipping is invoiced separately, the garments will not be dispatched until the shipping charge has been paid in full. Any shipping figure provided before completion is an estimate only and may be adjusted to reflect the final weight, dimensions, and destination of the consignment. Charges for redelivery, return-to-sender, or re-routing caused by an incorrect or incomplete delivery address supplied by the Customer are payable by the Customer.

22. Delivery and Turnaround Times

22.1 Standard Turnaround. VS Wear's standard production and delivery turnaround is approximately 3 to 4 weeks from the date of final written artwork approval and receipt of the required payment. This turnaround is an estimate based on normal operating conditions and is not a guaranteed delivery date, except where VS Wear has provided a specific written delivery commitment on a particular invoice or order confirmation.

22.2 Turnaround Clock. The 3 to 4 week turnaround commences on the date that both of the following are satisfied: (a) VS Wear receives the Customer's written approval of the final artwork; and (b) VS Wear receives the required deposit or payment. Delays in providing artwork approval, sizing, name-and-number lists, or payment will delay the commencement of the turnaround accordingly.

22.3 Delays Outside VS Wear's Control. VS Wear will not be liable for any delay in production or delivery caused by circumstances beyond its reasonable control, including but not limited to:

• Delays by third-party courier or freight services;
• Material, fabric, ink, or component supply shortages or unavailability;
• Quality control issues identified during production that require remediation before dispatch;
• Natural disasters, floods, fires, storms, or extreme weather;
• Industrial disputes, strikes, or work stoppages;
• Public health emergencies, pandemics, or government-imposed restrictions;
• War, armed conflict, civil unrest, or geopolitical or supply-chain disruptions;
• Public holidays in any relevant jurisdiction; or
• Customs, freight, or import or export delays.

In such circumstances, VS Wear will notify the Customer as soon as reasonably practicable and provide an updated estimated delivery timeframe. A delay, of itself, does not entitle the Customer to cancel the Order or to a refund. VS Wear will not be liable for any loss, cost, damage, or expense (including consequential loss) arising from a delay, including costs associated with missed sporting events, fixtures, competitions, seasons, photo days, or deadlines (see Clauses 23 and 31). Any remedy for a delay is limited to the Customer's rights that cannot be excluded under the ACL.

22.4 Rush Orders. Rush order availability is at VS Wear's sole discretion and subject to production capacity at the time of enquiry. Additional fees may apply. Rush orders are subject to the same Terms as standard orders, including the delay provisions in Clause 22.3.

23. Lost, Delayed, or Damaged Deliveries

Once garments are dispatched, delivery is carried out by third-party carriers and risk has passed to the Customer in accordance with Clause 20. The Customer is responsible for providing a complete and accurate delivery address, and VS Wear is not liable for delays, non-delivery, additional charges, or loss resulting from an incorrect or incomplete address supplied by the Customer.

Where a parcel is delayed, lost, or damaged in transit, responsibility for the consignment during transit rests with the carrier. VS Wear will, however, assist the Customer: our first step is to liaise and work with the carrier to track, locate, and recover the consignment, and to pursue a claim with the carrier where appropriate. The Customer must notify VS Wear promptly so this process can begin, and must provide any information reasonably required to support a carrier claim.

The Customer acknowledges and agrees that:

• A refund is not provided automatically where an Order is delayed, lost, or damaged in transit, and no refund will be provided where the delay, loss, or damage is not attributable to VS Wear;
• VS Wear is not liable for any consequential loss arising from a delayed, lost, or damaged delivery, including missed sporting events, fixtures, competitions, seasons, or deadlines (see Clause 31); and
• Where a remedy is appropriate, the appropriate remedy will be determined by VS Wear, will first focus on resolving the matter with the carrier, and will be applied at VS Wear's discretion, subject always to the Customer's rights that cannot be excluded under the ACL.

24. Uncollected, Undelivered, and Abandoned Goods

Where finished garments cannot be delivered or collected due to the Customer's failure to pay, provide delivery instructions, or accept delivery, VS Wear may store the garments and may charge reasonable storage costs. Where garments remain unpaid or uncollected for more than 90 days after VS Wear notifies the Customer that they are ready, VS Wear may treat the goods as abandoned and may dispose of or recycle them, without refund and without relieving the Customer of liability for amounts owing.

25. Quality Remake Guarantee

VS Wear's quality remake guarantee applies exclusively where the finished product does not match the Customer's Approved Artwork and Order Specifications in a material respect due to a manufacturing error by VS Wear. Specifically, the guarantee covers circumstances where VS Wear has made a manufacturing error resulting in the finished product being materially different from the Approved Artwork in terms of print quality, colours (to the extent not attributable to the inherent characteristics of sublimation printing, screen calibration, or normal batch variation described in Clause 12), sizing (where garments were manufactured to incorrect measurements not approved by the Customer), or construction.

The quality remake guarantee does not apply, and VS Wear is not obliged to provide a free remake, in the following circumstances:

• The Customer approved the artwork but is subsequently dissatisfied with how the design looks on the physical garment;
• The Customer approved a sizing breakdown that they or their members later consider incorrect, or approved a sample of the relevant specification;
• The Customer identifies minor variations between the screen-viewed mockup and the finished product attributable to screen calibration, the inherent characteristics of sublimation printing, or normal batch and dye-lot variation;
• The Customer raises subjective, trivial, or minor aesthetic concerns that do not reflect a material departure from the Approved Artwork;
• The alleged issue arises from normal wear and tear, washing, or use of the garment (see Clause 26); or
• The Customer-Supplied Content was provided without source files and the finished product reflects VS Wear's best-effort replication (see Clause 13).

The remake guarantee is a voluntary warranty against defects offered by VS Wear in addition to, and does not limit, the Customer's rights under the ACL. All remake requests must be submitted in accordance with the defect reporting procedure in Clause 27.

26. Wear and Tear and Product Care

All VS Wear garments are manufactured using performance fabrics and dye sublimation printing and are designed for use in sport and active physical activity. The durability and longevity of each garment is significantly affected by factors including frequency and intensity of use, washing frequency and temperature, the use of fabric softeners or bleach, drying methods, and general care. Garments are subject to the inherent stresses of sporting use.

Wear and tear, fading, pilling, seam wear, print degradation, shrinkage, stretching, and other deterioration resulting from normal use, washing, and ageing do not constitute Defects and are expressly excluded from VS Wear's quality guarantee, defect policy, and any remedy under these Terms. The Customer acknowledges that:

• All garments have a natural lifespan affected by how they are used and cared for;
• Issues arising after reasonable use are not the responsibility of VS Wear;
• VS Wear recommends garments be washed in cold water, on a gentle cycle, inside out, without bleach or fabric softener, and air dried; and
• Failure to follow care instructions may accelerate deterioration and will not be treated as a Defect.

Fair wear and tear is not a ground for a consumer remedy under the ACL, and VS Wear's warranty and guarantee obligations do not extend to issues attributable to wear and tear.

27. Defect Reporting, Returns, and Refunds

27.1 ACL Rights Preserved. Nothing in these Terms limits, restricts, or excludes any right or remedy the Customer has under the ACL that cannot lawfully be excluded. Where the ACL provides a remedy that cannot be excluded, VS Wear will honour that remedy to the extent required by law.

27.2 No Change-of-Mind Returns. VS Wear does not accept returns or provide refunds, replacements, or exchanges for change of mind (see Clause 19).

27.3 Defect Reporting Window. The Customer must inspect all garments on delivery and report any alleged Defect to VS Wear in writing at hello@vswear.com.au within 7 days of the date of delivery. To claim under VS Wear's remake guarantee, the Customer should stop using the affected garments once the alleged Defect is identified and provide:

• The Customer's name and order number;
• A clear written description of the alleged Defect;
• Clear photographic evidence showing the alleged Defect on the affected garment(s); and
• The quantity of affected garments.

This 7-day reporting window applies to VS Wear's voluntary remake guarantee and reflects the custom-made nature of the products and the need to assess claims while manufacturing evidence is current. This window does not limit any non-excludable ACL right, which the Customer may exercise within a reasonable time. Garments must be retained and made available for inspection and may be required to be returned for assessment.

27.4 Assessment of Claims. On receiving a report, VS Wear will assess the claim and, where substantiated, determine the appropriate remedy in accordance with the ACL. For minor failures, VS Wear may choose to repair, replace, or refund within a reasonable time. For major failures as defined under the ACL, the Customer may elect their preferred remedy in accordance with their ACL rights. Any remake or remedy is limited to the affected garments, except where the nature of the Defect reasonably requires the remake of the broader Order. VS Wear reserves the right to inspect the affected garments before confirming any remedy. The costs of a substantiated Defect claim are borne by VS Wear; the costs of an unsubstantiated claim may be borne by the Customer.

28. Minimum Order Quantities

VS Wear's standard minimum order quantity is 20 units per design. Orders below this minimum may be declined or subject to a minimum order surcharge at VS Wear's discretion. Minimum order quantities apply per design, not per size.

29. Reorders and Design File Retention

VS Wear retains production files and design templates for completed Orders to facilitate future reorders. These files are working production assets and remain the property of VS Wear. Where a Customer wishes to reorder using their existing design, VS Wear will use the retained files to reproduce the design, subject to the batch and colour variation described in Clause 12. VS Wear does not guarantee indefinite file retention but will endeavour to retain files for a commercially reasonable period.

Production and design files will not be released to the Customer or any third party, as they are VS Wear's operational assets. If the Customer requires a copy of their own original logo or artwork for use by another supplier, VS Wear may, at its discretion, provide the Customer's own files that were originally supplied by the Customer.

30. Marketing and Portfolio Use

VS Wear may photograph completed garments and use images of finished work for marketing, portfolio, website, and social media purposes, including showcasing designs produced for the Customer. VS Wear will not publish a Customer's confidential information. If the Customer does not wish for images of their garments to be used in this way, they must notify VS Wear in writing prior to Production.

31. Limitation of Liability

To the maximum extent permitted by Australian law, including the ACL:

• VS Wear's total liability to the Customer for any claim arising out of or in connection with an Order is limited to the total amount paid by the Customer for that specific Order;
• VS Wear is not liable for any indirect, consequential, special, or incidental loss or damage, including loss of profits, loss of revenue, loss of anticipated savings, loss of data, missed sporting events, fixtures, competitions, or seasons, reputational damage, or any other consequential loss arising from any delay, Defect, delivery issue, or failure in relation to any Order;
• VS Wear is not liable for any loss or damage arising from the Customer's failure to comply with these Terms, including failure to report Defects within the required timeframe; and
• Where VS Wear's liability cannot be excluded under the ACL, but can be limited, VS Wear's liability is limited, at VS Wear's option, to: (a) the replacement or repair of the goods; or (b) payment of the cost of replacing or repairing the goods.

Nothing in this clause excludes any guarantee, warranty, condition, or right that cannot be excluded, restricted, or modified under the ACL or any other applicable Australian law.

32. Indemnity

The Customer indemnifies VS Wear against all claims, losses, damages, costs, and expenses (including reasonable legal costs) suffered or incurred by VS Wear arising from or in connection with: (a) the Customer's breach of these Terms; (b) the Customer-Supplied Content (see Clause 17.3); or (c) any incorrect, incomplete, or unauthorised information, approval, or instruction provided by or on behalf of the Customer. This indemnity survives completion or termination of any Order.

33. Force Majeure

VS Wear is not liable for any failure or delay in performing its obligations where the failure or delay results from any cause beyond its reasonable control, including the events listed in Clause 22.3. Where a force majeure event continues for an extended period, VS Wear will work with the Customer in good faith to agree a revised timeframe or alternative arrangement.

34. Privacy and Data

VS Wear collects personal information from Customers only to the extent necessary to process quotes, manage Orders, and provide customer service. We do not sell or rent your personal information, and we disclose it only as necessary to fulfil your Order (for example, providing a delivery address to a courier). For full details, please refer to our Privacy Policy.

35. Notices and Electronic Communications

The Customer agrees that VS Wear may communicate with them, and provide notices, invoices, mockups, approvals, and these Terms, electronically (including by email). Electronic communications satisfy any legal requirement that such communications be in writing. Notices to VS Wear must be sent to hello@vswear.com.au.

36. Assignment

The Customer may not assign or transfer its rights or obligations under these Terms without VS Wear's prior written consent. VS Wear may assign or transfer its rights and obligations to a related entity or successor in connection with a sale or restructure of its business.

37. Representations and No Reliance

The Customer acknowledges and agrees that, in placing an Order, they rely solely on these Terms, the Approved Mockup, the order summary, and any written quote, invoice, or order confirmation issued by VS Wear, and not on any prior or other statement, representation, image, or estimate. In particular:

• Any reference by VS Wear to being "Australian owned and operated", or to similar descriptions of our business, refers to the ownership, control, and operation of the VS Wear business and does not constitute a representation as to the place of manufacture of any particular garment or component. Except where VS Wear has made an express written statement to the contrary on a specific quote, invoice, or order confirmation, VS Wear makes no representation about the country of manufacture of any garment, and the Customer agrees they have not relied on any such representation.
• Marketing material, photographs, gallery images, sample designs, and indicative timeframes published on our website or social media are provided as a general guide only and do not form part of any contract unless expressly incorporated into your Approved Mockup, order summary, or invoice.
• Estimates of pricing, quantities, turnaround, and delivery are estimates only unless expressly stated as fixed in writing on your invoice or order confirmation.

38. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Both parties submit to the exclusive jurisdiction of the courts of New South Wales for any dispute arising out of or in connection with these Terms or any Order. Before commencing formal legal proceedings, both parties agree to make a genuine effort to resolve any dispute through direct, good-faith negotiation in the first instance.

39. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be deemed severed, and the remaining provisions will continue in full force and effect.

40. Waiver

A failure by VS Wear to enforce any provision at any time does not constitute a waiver of its right to enforce that or any other provision in the future. No waiver is effective unless made in writing and signed by an authorised representative of VS Wear.

41. Entire Agreement

These Terms, together with any written order confirmation, the Approved Artwork, and the Order Specifications, constitute the entire agreement between VS Wear and the Customer in relation to any Order, and supersede all prior negotiations, representations, warranties, and understandings.

42. Updates to These Terms

VS Wear may update or amend these Terms at any time at its sole discretion. The current version published on this page is the version that applies to all dealings with VS Wear and replaces all earlier versions. It is the Customer's responsibility to review the current Terms, which are always available at vswear.com.au/terms-of-service/. Continued engagement with VS Wear after the Terms are updated constitutes acceptance of the current Terms.

43. Contact and Dispute Enquiries

For any questions regarding these Terms, or to raise a concern about your Order, please contact VS Wear in the first instance:

• Email: hello@vswear.com.au
• Phone: 1800 845 056 (Monday to Friday, 9am to 5pm AEST)
• Post: VS Wear, Surry Hills NSW 2010

VS Wear is committed to resolving genuine concerns fairly and promptly. Customers also have the right to seek assistance from NSW Fair Trading (13 32 20) or the Australian Competition and Consumer Commission (ACCC) if they believe their consumer rights under the ACL have not been upheld.