Brand Surge (CEJ Australia Pty Ltd, ABN 71 688 987 019)
Effective Date: 1 April 2026
Last Updated: 1 October 2026
1. Introduction and Acceptance
These Terms and Conditions (Terms) govern your access to and use of the website https://www.brandsurge.com.au (Website) and your purchase of products from CEJ Australia Pty Ltd (ABN 71 688 987 019) trading as Brand Surge (Brand Surge, we, us or our).
By accessing the Website, placing an order, or requesting a quote, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website or place an order with us.
These Terms apply to every order placed through the Website, by telephone, by email, or through a custom quote issued by one of our team members, unless we expressly agree otherwise with you in writing.
2. Definitions and Interpretation
In these Terms, unless the context requires otherwise: Artwork means any logo, design, image, text or other material supplied by you, or prepared by us on your behalf, for reproduction on a Product. Order means a request by you to purchase Products, whether placed through the Website, by email, or by accepting a quote. Products means the promotional merchandise, clothing, workwear and related items offered for sale by Brand Surge. Proof means a digital representation of how Artwork will appear on a Product, provided to you for review and approval before production. You and your refer to the person or entity placing an Order or otherwise using the Website.
A reference to legislation includes any amendment, re-enactment or replacement of that legislation. Headings are for convenience only and do not affect interpretation.
3. About Brand Surge
Brand Surge is a promotional products and corporate merchandise supplier operating from Queensland, Australia, trading through CEJ Australia Pty Ltd (ABN 71 688 987 019) trading as Brand Surge. We supply branded promotional merchandise, clothing and workwear to businesses and individuals, primarily within Australia.
Our contact details are set out in section 25 (Governing Law, Jurisdiction and Contact) of these Terms.
4. Eligibility to Use the Website
By using the Website or placing an Order, you represent that you are at least 18 years of age and have the legal capacity to enter into a binding contract.
If you are placing an Order on behalf of a company, organisation or other entity, you represent that you have the authority to bind that entity to these Terms.
5. Products and Product Descriptions
We take reasonable care to ensure that Product descriptions, images, colours and specifications displayed on the Website are accurate. Much of this information is drawn from data feeds supplied to us by our suppliers and manufacturers, which we do not independently verify item by item, and may also be affected by variations in manufacturing, materials, screen display settings and printing or decoration processes. As a result, actual Products may vary slightly from the images and descriptions shown, and, to the extent permitted by law, we are not liable for an inaccuracy that originates in supplier-provided data.
We reserve the right to discontinue any Product, or to substitute a Product of equivalent or better quality, at any time without liability to you, provided that we will notify you before production if a substitution affects your Order.
6. Quotes and Pricing
Prices displayed on the Website or provided in a quote are in Australian dollars and, unless stated otherwise, are exclusive of Goods and Services Tax (GST), freight and any applicable surcharges.
Quotes remain valid for the period stated in the quote, or if no period is stated, for 30 days from the date of issue. We reserve the right to correct any pricing error, whether on the Website or in a quote, at any time before an Order is accepted.
Freight costs are not always displayed at checkout. Where this is the case, we will confirm applicable freight charges with you in accordance with section 11 (Shipping and Risk in Goods) before your Order is dispatched.
7. Artwork, Proofs and Approval
Where an Order involves the application of Artwork to a Product, we will provide you with a Proof for review before production commences. You are responsible for checking the Proof carefully, including spelling, colours, layout, sizing and positioning, before approving it.
Production will not commence until you have approved the Proof in writing (including by email or through the Website). Once a Proof is approved, it becomes the final reference point for production, and we are not responsible for any error that was present in, and consistent with, the approved Proof.
We will provide at least two free revisions to a Proof on request. Additional revisions, or changes requested after approval, may incur additional charges and may affect delivery timeframes.
You warrant that you own, or have obtained all necessary rights, licences and consents to use, any Artwork you supply to us, and that its use and reproduction on a Product will not infringe the intellectual property rights of any third party. Section 17 (Customer-Supplied Content and Artwork Warranties) sets out further terms relating to Artwork.
8. Orders and Order Acceptance
Placing an Order, or accepting a quote, constitutes an offer by you to purchase the relevant Products on these Terms. No Order is binding on us until we accept it, whether by email confirmation, invoice, or by commencing production.
We may decline or cancel an Order, in whole or in part, at any time before production commences, including where a Product is unavailable, where pricing was displayed or quoted in error, or where we reasonably suspect fraudulent or unauthorised activity. If we cancel an Order after payment has been received, we will refund the amount paid for the cancelled portion of the Order.
9. Payment
We accept payment by the methods made available on the Website or advised to you at the time of your Order, currently including Stripe and PayPal, together with mobile wallet options such as Apple Pay and Google Pay where made available through those payment providers.
Payment processing is carried out by our third-party payment providers. We do not store your full payment card details. Our Privacy Policy describes how personal information collected in connection with payment is handled.
Unless otherwise agreed in writing, full payment is required before production of a custom or branded Order commences. Where credit terms have been agreed in writing, payment must be made within the period specified on the applicable invoice.
10. Production and Delivery Timeframes
Many Products are custom-branded to order. Production begins only after Artwork has been approved and payment has been received in accordance with section 8 (Orders and Order Acceptance) and section 9 (Payment). Production timeframes vary by Product and are provided on the relevant Product page, quote or Order confirmation.
Production time is separate from delivery time. Estimated delivery timeframes, once an Order has been dispatched, are set out in section 11 (Shipping and Risk in Goods). If you have a firm event date or deadline, please advise us at the time of ordering so we can advise whether it can be accommodated, including through our Express range where applicable.
Timeframes provided by us, or by our carriers, are estimates only. To the extent permitted by law, we are not liable for any loss arising from a delay in production or delivery caused by circumstances outside our reasonable control, including carrier delays, customs processing or supplier delays.
11. Shipping and Risk in Goods
Our shipping arrangements, including estimated delivery timeframes, shipping costs, tracking and our approach to failed deliveries, are set out in our Shipping Policy, which forms part of these Terms.
Depending on the Product, your Order may be fulfilled directly by us or by one of our suppliers, and may be delivered in multiple parcels dispatched at different times.
Risk in the Products passes to you on delivery to the address you provide, or on collection if you arrange to collect the Order. You are responsible for ensuring the accuracy of the delivery address provided at the time of ordering.
12. Title and Retention of Title
Ownership (title) in the Products does not pass to you until we have received payment in full for those Products, including any applicable freight and surcharges.
Until title passes, you must hold the Products, if already delivered, as bailee for us and must not sell, dispose of, or encumber the Products. If payment is not made in accordance with these Terms, we may recover or require the return of any Products in which title has not passed.
13. Cancellations
You may cancel an Order at no charge at any time before Artwork has been approved and production has commenced. Once Artwork has been approved and production has commenced, an Order cannot be cancelled, as custom-branded Products are produced specifically to your specifications and cannot be reused or resold.
To request a cancellation, contact us immediately using the details in section 25 (Governing Law, Jurisdiction and Contact).
14. Returns, Refunds and Australian Consumer Law Guarantees
Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy conferred on you under the Australian Consumer Law (ACL), being Schedule 2 to the Competition and Consumer Act 2010 (Cth), or any other law that cannot lawfully be excluded. Where our Products are not of the kind ordinarily acquired for personal, domestic or household use, our liability for failure to comply with a consumer guarantee under the ACL is, to the extent permitted by law, limited at our option to the repair or replacement of the Products, the supply of equivalent Products, or the payment of the cost of doing so.
Because our Products are custom-branded to your specifications, they are not eligible for return on the basis of change of mind once Artwork has been approved and production has commenced.
Full details of your rights and our processes for returns, refunds and cancellations, including how to lodge a claim, are set out in our Refunds and Returns Policy, which forms part of these Terms.
15. Faulty, Damaged or Incorrect Items
If you receive a Product that is faulty, damaged in transit, or does not match your approved Proof, please contact us within 24 to 48 hours of delivery with your Order number, a description of the issue and supporting photographs, in accordance with our Refunds and Returns Policy.
Where the fault is on our part, we will, at our discretion, arrange a reprint, replacement or refund, and will cover reasonable return freight costs.
16. Intellectual Property
All intellectual property in the Website, including its design, layout, text, graphics, logos and underlying software, is owned by or licensed to Brand Surge and is protected by Australian and international intellectual property laws.
You may not reproduce, distribute, modify, or create derivative works from any part of the Website without our prior written consent, except as necessary to place an Order or use the Website for its intended personal or business purpose.
Nothing in these Terms transfers ownership of any intellectual property in a Product's underlying design or decoration technique to you, except to the extent that the finished Product itself is sold to you.
17. Customer-Supplied Content and Artwork Warranties
Where you supply Artwork, text, logos or other content for use on a Product, you grant us a non-exclusive, royalty-free licence to reproduce, adapt and apply that content solely for the purpose of fulfilling your Order.
You warrant that you have all rights necessary to supply the Artwork and to authorise its reproduction, and that the Artwork does not infringe any third party's intellectual property rights, and is not unlawful, defamatory, obscene or otherwise objectionable. You indemnify us in accordance with section 22 (Indemnity) against any claim arising from a breach of this warranty.
18. Use of the Website and Prohibited Conduct
You must not use the Website for any unlawful purpose, to transmit malicious code, to attempt to gain unauthorised access to our systems, or to interfere with the proper functioning of the Website.
We may suspend or terminate your access to the Website, or refuse to accept an Order, if we reasonably believe you have breached these Terms.
19. Third-Party Links and Services
The Website may contain links to third-party websites or make use of third-party services, including payment processors and analytics providers. We do not control, and are not responsible for, the content, privacy practices or terms of any third-party website or service. Your use of any third-party website or service is at your own risk and subject to that third party's own terms and policies.
20. Privacy
We collect, use and disclose personal information in accordance with our Privacy Policy, which forms part of these Terms. By using the Website or placing an Order, you acknowledge that you have read and understood our Privacy Policy.
21. Disclaimers and Limitation of Liability
To the extent permitted by law, we exclude all conditions, warranties and terms implied by statute, custom or common law, other than any consumer guarantee under the ACL that cannot lawfully be excluded.
To the extent permitted by law, our total liability to you arising out of or in connection with these Terms, whether in contract, tort (including negligence) or otherwise, is limited to the amount paid by you for the Products giving rise to the claim. We are not liable for any indirect, special or consequential loss, including loss of profits, loss of business opportunity or loss of goodwill, arising out of or in connection with these Terms.
Nothing in this section limits or excludes any liability that cannot lawfully be limited or excluded, including liability for a failure to comply with a consumer guarantee under the ACL.
22. Indemnity
You indemnify and hold us harmless against any claim, loss, liability, cost or expense (including reasonable legal costs) arising out of or in connection with your breach of these Terms, your misuse of the Website, or Artwork or other content supplied by you, except to the extent caused by our negligence or wilful misconduct.
23. Force Majeure
We are not liable for any failure or delay in performing our obligations under these Terms to the extent that the failure or delay is caused by an event beyond our reasonable control, including natural disaster, industrial action, supplier failure, carrier disruption, or government action. If such an event continues for more than 30 days, either party may cancel the affected Order by written notice, in which case we will refund any amount paid for Products not yet produced or dispatched.
24. General
These Terms, together with our Privacy Policy, Shipping Policy and Refunds and Returns Policy, constitute the entire agreement between you and Brand Surge in relation to your use of the Website and any Order, and supersede all prior agreements, understandings and representations.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect. A failure by us to enforce any provision of these Terms is not a waiver of that provision.
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms, including in connection with a sale or restructure of our business, without your consent.
We may update these Terms from time to time by publishing an updated version on the Website. The updated Terms take effect from the date of publication and apply to Orders placed on or after that date.
25. Governing Law, Jurisdiction and Contact
These Terms are governed by the laws of Queensland, Australia. You submit to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to hear appeals from those courts.
If you have any questions about these Terms, please contact us at info@brandsurge.com.au, by telephone on 07 3523 4809, by post to PO Box 658, Marsden QLD 4132, or through contact us.