Merch38 Terms and Conditions

Welcome to Merch38! 

Please read our Terms and Conditions carefully. By using the website, you agree to be bound by these terms and conditions. The website is owned and operated by Merch38 Inc.

Privacy
Any information we collect from our clients (cookies, IP address, web browser, computer details) is for non-personal use, to help diagnose problems with our server and to administer our website. We use third-party service providers to collect such information.

License and Website Access
Please, note that you are not permitted to:

  • reproduce, duplicate, copy or sell any product image, product listing, product description, price, page layout, page design, trademark, logo or any other content for commercial purposes, if not agreed and subject to a contract;
  • assist or encourage any third party in engaging in any activity prohibited by these Terms and Conditions.

Electronic Communications
Any information, claim, issue or detail between us and the client must be a subject of an e-mail communication.

Copyright
All software used on the website is our property or the property of our software suppliers and is protected by international copyright laws. All Website Content is our property or the property of our content suppliers or partners and is protected by international copyright laws.

Copyright & Trademark Complaints 
We respect the intellectual property rights of others. If you believe that your work has been copied or used on the website in a way that constitutes copyright or trademark infringement, please notify us by following the procedure.

Images 
We have taken great care in presenting the products on our website as accurately as possible. However, the images you see will depend on your monitor’s display and color capabilities. We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise. 

Accepting an Order
Shortly after you have placed an order with us by submitting a web-form, email or call, an email will be sent to you acknowledging the details of your order. 

Order acceptance and the completion of the contract between you and Merch38 will take place when your order is dispatched, unless you have cancelled the order in accordance with the Order Cancellation instructions set out below. We will take full payment for your goods on submission of your order as our products are bespoke. 

Non-acceptance of an order may be a result of one of the following:

  • The product you ordered being out of stock 
  • Our inability to obtain authorization for your payment
  • The identification of a pricing or product description error
  • Your design being too complex to print
  • Breach or attempted breach of any Terms and Conditions for any special offer as well as these General Terms and Conditions
  • Orders that we have reason to believe may include copyrighted or trademarked images symbols logos or marks, indecent or pornographic images, or prints symbols or text that in our opinion others may find offensive
  • Failure to meet the eligibility to order criteria set out in these Terms and Conditions
  • Your order having a high fraud score

Internet orders will be confirmed by email. Should you not receive confirmation within one business day, please contact our support team at hello@merch38.com. 

Customer support  
Our support team will be delighted to help you place an order, advise you on the range of merchandise we offer on our website and help you with queries about payment. Our support team are available from 8:30am to 9:30pm Monday to Sunday. Please email them at hello@merch38.com. Opening times may vary without notice.

Design & Artwork 

We are a highly automated execution-only printing services company. This means that we will print your files as submitted without checking onto the shirts you have chosen. You are responsible for ensuring images are of sufficiently high resolution to obtain the results you are expecting, and that the garments and colors of garments chosen will meet your needs. 

You warrant that you own the copyright or have the correct commercial print licences in place for all images and/or artwork uploaded or otherwise submitted through any sales channel.

You agree to indemnify and hold Merch38 and/our agents and officers, directors, employees and permitted successors and assigns, immediately on demand, harmless against all claims, liability, damages, costs and expenses including legal fees, arising as a result of us printing or processing in any way any order or saved design which contains any images or artwork that you do not have the commercial rights, permissions or licences to print.

Payment Methods 
We accept payments via Visa, Master Card, Discover, AMEX and PayPal in USD.

Shipping and Delivery
If you want to change some parameters, customer addresses, etc., please, emailing us on hello@merch38.com and we will do our best on a case-by-case basis. 

The goods will be imported on behalf of the buyer. The buyer authorizes Merch38 to import the goods on his behalf. Further, the buyer agrees Merch38 may delegate the obligation to import the goods on his behalf to a subcontractor. The buyer will pay the taxes & duties in addition to the purchase price of the goods. 

The risk of loss and title for such items passes to you upon our delivery to the carrier. It is your (if you are a User) or your Customer’s (if you are a Merchant) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the product was delivered. In such case Merch38 will not make any refunds and will not resend the product.

Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address.

We cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for products that are delivered after the estimated delivery date. Flat rate delivery times are shown on the site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make product delivery as simple as possible.

Ownership of the products will only pass to you/Customer when we receive full payment of all sums due in respect of the products, including delivery charges and taxes.

Returning an Item
Due to the nature of custom printed apparel, we can not accept returns or exchanges of any items unless the merchandise is misprinted, materially flawed, or defective. In addition, please note that sizing can vary between manufacturers and styles.

We cannot be responsible for the purchase of incorrect sizes and will not be able to accept returns for this reason once the garments are custom printed.

If your items are misprinted, materially flawed, or defective in any way, you can always contact us within 14 days from receipt of merchandise and we will be happy to arrange for a return, reprint, or credit. Please provide your order number with all correspondence.

All shipping charges for returning products to us must be paid by the returnee. We do not reimburse shipping charges.

Disclaimer
We are not liable for any financial damage that may occur because of delay or lack of availability of materials or products.

Applicable Law
The offers by Merch38, your orders, and the agreements between us for the delivery of our services and products are subject to the laws of the US. The NY court will have exclusive jurisdiction to settle any dispute between the two parties.

Changes and Modifications
We reserve the right to make changes and/or modifications to our website, our policies, our Terms of Use at any time.