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.

All access and use of the Service is subject to the terms and conditions contained in these Terms of Use. Your access to and use of the service is conditioned on your acceptance of and compliance with these Terms of Use. These terms of use apply to all visitors, users and others who access or use the Service. By accessing or using the service you agree to be bound by these terms of use. If you disagree with any part of these terms and conditions then you may not access the service. By using the services, you affirm that you are of legal age to enter into these terms of use.

You can review the most current version of the Terms of Use at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. The users should receive notice of such changes by email. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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.

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.

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/satisfy your expectations, or that any errors in the Service will be corrected

While using our website, the client/prospect has the possibility to select products and customize them on their own. Once they are done and satisfied with their products, they can place an order. To finalize their purchase, the prospects/clients can choose their preferred payment method, i.e. bank transfer or online payment.

Merchery is in charge of starting the production process as soon as the payment from the client is received.

Once Merchery receives the payment confirmation, it is our practice to provide the client with the “e-proof”. The e-proof can be defined as a document displaying the key information for the customization of the product ordered by the client. Therefore, the e-proof displays information about the product, the customization technique(s), the color(s) of the logo(s), the logo(s) to put on the product and includes explanatory pictures. The e-proof is a document with legal validity. Apart from extraordinary circumstances, it is the client’s responsibility to review it in all its contents and to approve it. Once the client approves the e-proof, Merchery will confirm the production and can not be held liable for any errors resulting from mistakes made by the client.

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 a 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.

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.

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. You 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: (a) the use or the inability to use the site; (b) unauthorized access to or alteration of your transmissions or data; (c) statements or conduct of any third party on the service; or (d) any other matter relating to the site.

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.

Merchery’s Return Policy applies only to products and products’ customization. This Privacy Policy is based on Merchery trusting the client for sharing correct, real, and updated information.

This Policy considers four cases. In the case (a), the client/prospect receives damaged products caused by the delivery. In the case (b), the client/prospect receives products with defects in the manufacturing. In the case (c), the client/prospect receives products with faults/errors in the customization. In case (d), the client/prospect wants the products to be additionally processed by Merchery and no damages, defects or errors have been detached. The Return Policy does not apply to any cases related to Samples. Merchery does not allow returns under any other conditions than the ones listed above.

Case (a), case (b), case (c), and case (d) require the client/prospect to appeal to the Return Policy after 10 days of receiving the products, with the delivery date communicated by the carrier to Merchery considered as day-zero to count the 10 days to appeal to the Return Policy. Merchery does not apply the Return Policy to any request made after 10 days from the delivery of the products. Merchery’s Return Policy does not apply to any request made after 10 days from the delivery of the products.

Case (a), case (b), case (c) and case (d) require the client/prospect to appeal to the Return Policy throughout an email to Merchery. Nevertheless, this can be discussed during a phone call. However, only requests sent to Merchery by email can be considered valid for this Return Policy. It is not Merchery’s responsibility if a return request sent by the client/prospect throughout email is not received and consequently not processed by Merchery. The client will receive an official document by Merchery and the client should consider that document as the final decision upon the request. If an email was sent within those 10 days but fell in Merchery’s spam mail-box, the return policy will be applicable. However if the email address the client sent the email to was wrong, the return policy will not be applicable.

The client/prospect is allowed to ask for the Return Policy to be applied only one (1) time per product.

Merchery has the responsibility to verify the products satisfy the mentioned conditions. In that matter, the client shall return the items concerned by the reclamation to Merchery that will be reviewed and controlled. If the conditions are respected, the Return Policy will be approved and processed and the client will be notified by email. If the conditions are not respected, the client/prospect will be notified by email as well. If Merchery requests the client to return the items but the client is unable to do so, the return policy will not be applicable.

In all cases, to be returned, the products must be unused, be in the original packaging and have the labels, the optional plastic protective envelope and potential additional accessories.

When case (a), (b), and (c) apply, with faults/errors mentioned in case (c) due only to Merchery’s fault, the client is recognized the possibility to choose one (1) of the options listed below for the compensation. The client accepts the conditions related to the option s/he chooses.

i. Only the products with damages or faults/errors are replaced with new and newly customized products. This applies only in the case the total amount of products to replace is above the minimum order quantity required for customization. The fees and other costs due to the new products produced and shipped to the client will be supported by Merchery.

ii. A reimbursement is granted to the client. The amount of the reimbursement equals the price the client paid for the products with damages or faults/errors only. This option can be chosen by the client provided that the reimbursement amount is equal or higher than $500 or 20% of the order’s total value, whichever amount is lower.

iii. A credit to use in the next order is granted to the client. The amount of the credit equals the price the client paid for the products with damages or faults/errors only. This is the option Merchery appreciates the most and therefore suggests to its clients.

When those cases apply, the fees and other costs due to the products shipped from the client to Merchery are invoiced to Merchery.

In case an error has been made and Merchery recognizes the responsibility of it, the client may decide to get the items back with delivery covered by Merchery. In case the client does not want to get the products back, Merchery has the right to decide upon these products, with one possibility being to donate them to charity associations with the client’s consent.

When case (c) applies due to the client’s fault and the whole production is therefore wrong, the client is recognized the possibility to choose one (1) of the options listed below for both the products’ ownership and the compensation. The client accepts the conditions related to each of the options s/he chooses. Client errors include, but are not limited to, providing incorrect contact information, giving inaccurate details regarding the desired customization, or failing to respond to emails, among other issues

Regarding the products’ ownership, the options are:

i. All the products are returned to Merchery, which has the right to decide upon these products, with one possibility being to donate them to charity associations with the client’s consent. The fees and other costs due to the products shipped from the client to Merchery are invoiced to the client.

ii. all the products are kept by the client and used as the client prefers.

Regarding the compensation, the options are:

i. All the products are replaced with new and newly customized products. All the fees and other costs due to the new products’ customization and shipping to the client are invoiced to the client.

ii. The products are not replaced with new and newly customized products. When case (d) applies, the client is responsible to ship back the products for additional processing to Merchery. Merchery is not responsible in case the products shipped incur any damages during the shipping. Merchery is responsible to additionally process the products as requested by the client and these Terms of Use apply also to the additionally processed products. All the fees and other costs related with case (d), including the fees and other costs for the products shipped from the client to Merchery, for the product customization, for the additionally customized products shipped from Merchery to the client, are invoiced to the client.

Regarding the samples

i. In the event that the customer wishes to return samples, they will be required to pay administrative fees to cover shipping, handling, and any other associated costs. Merchery will prepare a return label and send it to the customer by email. It will be the customer's responsibility to return the package to Merchery. Merchery disclaims any responsibility for damage to the products that may occur during shipping.

ii. If the customer decides to keep the samples and wishes to place an order, we offer to take back the samples for customization and send them along with the rest of the order. Administrative fees will be charged to the customer to cover shipping, handling, and any other costs deemed necessary by Merchery. Merchery disclaims any responsibility for damage to the products that may occur during shipping.

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.

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.

Your submission of personal information through the store is governed by our Privacy Policy.

These Terms of Use and the relationship between you and us shall be governed by the laws of the State of New York, without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be New-York and U.S. Federal courts sitting in the County of Brooklyn.

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]

LAST UPDATED: October 11, 2024