Terms and conditions
Terms and conditions
Merchery, Inc. (the terms “we”, “us” and “our” refer to Merchery) offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.provides our services
We hereby grant you limited permission to use the Site so long as we provide you with access, and solely for your personal use. For the avoidance of doubt, we are not giving you any rights or license with respect to any aspect of the Site, all rights being held by us.
We reserve the right, in our sole and absolute discretion, to block and/or refuse to allow use of the Site by one or more users, including you, at any time and for any reason.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
ERRORS AND OMISSIONS
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information is inaccurate at any time without prior notice.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. The online catalog may contain references to specific products and services that may no longer be available. Any such reference does not imply or warrant that any such products or services shall be available at any time. Any offer for any product or service made on this site is void where prohibited.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
TRANSACTION & PAYMENT INFORMATION
If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information ("Payment Information"). By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates, a third-party payment processor.
You shall pay the fees set forth in the applicable checkout page, order form, or invoice in accordance with the payment terms set forth therein. Fees are non-refundable unless otherwise set forth in this agreement or as required by applicable laws. If you dispute any charges you must let us know within thirty (30) days after the date that Merchery charges you. You will be responsible for all taxes associated with the Service.
Overdue payments will be subject to interest at the rate of one and one-half percent (1.5%) per month, or the maximum allowable under applicable laws, whichever is less, and you will indemnify and hold Merchery harmless from and against any costs incurred in connection with its collection of any fees or interest properly due hereunder.
THIRD-PARTY SERVICES AND WEBSITES
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
LIMITATION OF LIABILITY
MERCHERY, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE WEBSITES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF MERCHERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Terms and conditions5YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE.
DELIVERY & RISK OF LOSS GENERAL CONDITIONS
Merchery’s quoted delivery schedule represents its best estimate and is based on current schedules and workload. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges.
Any delivery date(s) are approximate and subject to scheduling changes made after the date hereof. We are not liable for any loss or expense, whether by contract or tort, incurred by you resulting from failure to meet the estimated delivery date. Partial deliveries shall be permitted.
Title to and all risk of loss of or damage to the goods shall pass to and be assumed by you EXW when delivered to the carrier. You are responsible for all transportation charges and for filing timely and proper claims against carriers if goods are lost or damaged in transit.
If you select our Merchery Logistics service, we or our agents may hold some or all of your purchased product in inventory upon your purchase and before delivery of such items to the carrier (“Inventory”), subject to the terms of this Agreement and your payment of all additional charges. Our obligations regarding products held in Inventory will be limited to a duty to exercise reasonable care in handling and storage of such products. You agree that Merchery may ship products held in Inventory to you or your designee upon your request and at your expense. Merchery will ship products held in Inventory upon payment of any and all additional charges required by us, including, without limitation, additional charges for shipment. You agree to accept all liability for all products held in Inventory and any and all additional charges that may apply. Title to products held in Inventory, as well as the risk of loss for such products, passes to you when Merchery or our supplier delivers these items to the carrier. In the event that you request shipment of products held in Inventory and subsequently cancel a portion or all of such request, you will be liable for any and all applicable cancellation, restocking, and similar charges imposed by Merchery or its suppliers.
You acknowledge and agree that the Site contains proprietary information, content and other materials owned or controlled by Merchery, Inc. and protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents).
Any use or copying of such information, content and other materials other than for your own personal, non-commercial use, without written permission from us, is strictly prohibited.
You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Site
TAX & TAX EXEMPTIONS
The prices are exclusive of any taxes (including, without limitation, sales, use, value added, goods and services, business, property (real or personal, tangible or intangible), license, documentation, registration, import, export, excise, franchise, stamp, or other tax), custom fees or tolls, levy, impost, withholding, fee, duty or other charge of any nature imposed by any governmental authority or other tax authority in any jurisdiction, and any and all fines, penalties, additions to tax, interest and other charges relating thereto (collectively, “Taxes”).
Merchery, Inc. may be required by law to collect sales and similar taxes on products it sells. All Taxes shall be paid by Customer in addition to the Price. If you believe you qualify for a tax exemption, you may submit a valid tax exemption certificate. If a valid exemption certificate is received and processed before your order ships, the tax will be adjusted based on the certificate. Otherwise, we will not be able to honor an exemption. We must have received and approved your exemption certificate prior to shipment of any products for which the exemption is claimed by you. Merchery cannot issue refunds for taxes collected once your products are shipped.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site
Questions about the Terms of Service should be sent to [email protected]