Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Merch Cartel. The terms “we,” “us,” and “our” refer to Merch Cartel.
Merch Cartel operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Merch Cartel is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced herein (collectively, the “Terms”), describe your rights and responsibilities when you access or use the Services.
Please read these Terms carefully. They include important information about your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with, purchasing from, or otherwise using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have obtained any legally required consent to use the Services.
To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide certain information such as your name, email address, billing information, payment information, and shipping address.
You represent that all information you provide is accurate, current, and complete and that you have the right to provide that information.
You are responsible for maintaining the confidentiality and security of your account credentials and for activity conducted through your account.
You may not transfer, sell, assign, or license your account to another person without our authorization.
SECTION 2 – OUR PRODUCTS AND SERVICES
We make reasonable efforts to accurately display and describe our products and services. However, product colors, appearance, proportions, and other visual characteristics may vary depending on your device, display settings, lighting, photography, manufacturing processes, and other factors.
Product descriptions, prices, availability, specifications, designs, and other information may be changed at any time without notice.
We reserve the right to discontinue any product or service or limit quantities available to any person, household, business, geographic area, or jurisdiction where permitted by law.
Some Merch Cartel products and services may include custom merchandise, personalized products, special orders, bulk orders, branded apparel, headwear, patches, promotional merchandise, and other made-to-order products.
Custom merchandise may require customer approval of artwork, design proofs, colors, quantities, product specifications, or other project details before production begins.
If you submit or provide a logo, trademark, photograph, design, artwork, text, slogan, graphic, or other material for use in a custom merchandise project, you represent and warrant that you own the material or have all necessary rights, licenses, permissions, and authority for Merch Cartel and its production partners to reproduce and use the material for your project.
You agree not to submit material that infringes the intellectual property, privacy, publicity, or other rights of another person or entity.
We reserve the right to decline a custom project that we reasonably believe violates law, third-party rights, our policies, or applicable production requirements.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase products or services from Merch Cartel.
Merch Cartel reserves the right to accept, decline, modify, or cancel an order where reasonably necessary, including because of product availability, pricing or listing errors, suspected fraud, payment issues, production limitations, shipping restrictions, or other circumstances affecting our ability to fulfill the order.
Your order is not accepted until we confirm acceptance and successfully process or authorize the applicable payment.
Please review your order carefully before submitting it. We may be unable to accommodate changes or cancellations after an order has entered processing or production.
Retail purchases are subject to our Return and Refund Policy.
Custom merchandise, bulk orders, personalized products, and special-order projects may be subject to additional specifications, approvals, quantities, production timelines, deposits, payment terms, or other project-specific conditions communicated during the project process.
Custom merchandise generally cannot be cancelled because of a change of mind after production has begun.
If you place an order on behalf of a business, organization, team, school, club, event, or other entity, you represent that you have authority to place the order and approve the applicable products, designs, and project specifications on behalf of that entity.
If we need to change, decline, or cancel an order, we may attempt to notify you using the email address, billing information, shipping information, or telephone number provided with the order.
SECTION 4 – PRICES AND BILLING
Prices, discounts, promotions, and product availability are subject to change without notice.
The price charged will generally be the price displayed and applicable when your order is placed, subject to correction of obvious pricing or listing errors.
Unless expressly stated otherwise, displayed prices may not include applicable taxes, shipping, handling, customs duties, import charges, or other fees.
Promotional offers may be subject to additional terms. If the terms of a promotion conflict with these Terms, the promotion-specific terms will govern with respect to that promotion.
You agree to provide current, complete, and accurate purchase, payment, and account information.
You represent that you are authorized to use any payment method provided and agree to pay all applicable charges associated with your order.
For custom merchandise projects, pricing may be based on products, quantities, decoration methods, artwork requirements, shipping, production timelines, and other project specifications.
An inquiry, request for quote, estimate, or preliminary price discussion does not constitute a final order unless Merch Cartel confirms the applicable project and payment requirements.
SECTION 5 – SHIPPING AND DELIVERY
Shipping, production, and delivery dates provided by Merch Cartel are estimates unless expressly stated otherwise.
Delivery and production times may be affected by carrier delays, weather, customs processing, supply availability, high-volume periods, production schedules, force majeure events, or other circumstances outside our reasonable control.
You are responsible for providing a complete and accurate shipping address when placing an order.
Merch Cartel is not responsible for delays caused by inaccurate or incomplete information provided by the customer.
If a shipment arrives damaged, appears to be lost, or contains an incorrect product, please contact us at info@shopmerchcartel.com so we can review the issue.
Different shipping, delivery, pickup, or production arrangements may apply to custom merchandise and bulk projects and will be communicated as part of the applicable project.
SECTION 6 – INTELLECTUAL PROPERTY
The Services, including our trademarks, brand names, logos, text, displays, images, photographs, graphics, product content, videos, audio, site design, selection, arrangement, and other original materials, are owned by Merch Cartel, its affiliates, licensors, or applicable third-party owners and are protected by intellectual property laws.
These Terms permit you to use the Services for lawful personal or business purchasing purposes.
Except as expressly permitted, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, commercially exploit, or transmit material from the Services without prior authorization from the applicable rights holder.
Nothing in these Terms grants you ownership of, or a license to, Merch Cartel trademarks, copyrights, trade dress, designs, or other intellectual property except as expressly provided.
Merch Cartel names, logos, product names, service names, designs, and slogans may be trademarks of Merch Cartel or its affiliates or licensors and may not be used without permission.
Shopify's names and trademarks remain the property of Shopify or its applicable affiliates.
Third-party names and marks remain the property of their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide access to tools, applications, integrations, or services offered by third parties.
We do not necessarily monitor, control, or endorse third-party tools.
Unless otherwise expressly stated, access to optional third-party tools is provided on an “as is” and “as available” basis.
Your use of third-party tools may be subject to separate terms and privacy policies established by the applicable provider.
You should review and understand those terms before using a third-party service.
We may introduce new features, tools, resources, or functionality through the Services in the future. Those features will also be subject to these Terms unless stated otherwise.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain links, embedded content, integrations, or other materials provided by third parties.
Merch Cartel is not responsible for examining or evaluating all third-party content, websites, products, or services.
Accessing third-party websites or services is at your own discretion and may be subject to the third party’s own policies and terms.
Merch Cartel is not responsible for losses or damages caused by purchases, transactions, content, products, services, or interactions occurring directly with an unaffiliated third party.
Questions or complaints regarding third-party products or services should generally be directed to the applicable third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Merch Cartel is powered by Shopify, which enables us to provide the Services to you.
However, sales and purchases you make through our Store are transactions directly between you and Merch Cartel.
By using the Services, you acknowledge that Shopify is not the seller of Merch Cartel products and is not responsible for Merch Cartel's fulfillment, products, custom merchandise projects, customer service, or other obligations arising from transactions between Merch Cartel and its customers.
To the extent permitted by applicable law, you release Shopify and its affiliates from claims arising solely from your purchase transaction with Merch Cartel for which Shopify is not legally responsible.
SECTION 10 – PRIVACY POLICY
Personal information collected through the Services is handled in accordance with our Privacy Policy.
Because our store is powered by Shopify, Shopify may also process certain information in connection with providing the ecommerce platform and related Services.
Please review our Privacy Policy for information regarding how personal information is collected, used, disclosed, and protected.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, photographs, testimonials, or other content to Merch Cartel (“Feedback”), you grant us a worldwide, royalty-free license to use, reproduce, modify, publish, distribute, display, and otherwise use that Feedback for operating, improving, marketing, and promoting our Services, to the extent permitted by law.
You represent that you own or have the necessary rights to submit your Feedback and that your Feedback does not violate third-party rights or applicable law.
You are responsible for the accuracy and legality of content you submit.
We may monitor, edit, refuse, or remove Feedback that we reasonably determine is unlawful, abusive, defamatory, obscene, misleading, infringing, harmful, or otherwise inappropriate.
Unless expressly agreed otherwise, we have no obligation to maintain Feedback in confidence, compensate you for Feedback, or respond to Feedback.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, availability, pricing, promotions, shipping charges, transit times, production information, or other matters.
We reserve the right to correct errors, inaccuracies, or omissions and to update information where reasonably necessary.
Where permitted by law, we may cancel or modify an affected order if material information relating to that order was incorrect.
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not use the Services:
(a) for an unlawful, fraudulent, or malicious purpose;
(b) to violate applicable international, federal, state, provincial, or local laws or regulations;
(c) to infringe or violate intellectual property, privacy, publicity, or other rights;
(d) to harass, abuse, threaten, defame, discriminate against, intimidate, or harm another person;
(e) to submit false, fraudulent, or materially misleading information;
(f) to transmit malware, malicious code, or harmful technology;
(g) to send unauthorized spam, phishing communications, or other improper solicitations;
(h) to impersonate another person or entity;
(i) to interfere with the security, availability, integrity, or operation of the Services;
(j) to circumvent measures designed to protect or restrict access to the Services; or
(k) to collect personal information about others unlawfully.
We reserve the right to suspend or terminate access to the Services where we reasonably believe these Terms have been violated.
SECTION 14 – AUTOMATED AGENTS
This section applies to automated or semi-automated software, services, bots, or agents that access or interact with the Services (“Agents”).
Agents must not access or use the Services for unlawful purposes, attempt to bypass security or access controls, misrepresent their identity, evade measures intended to distinguish automated activity from human activity, or interfere with the operation of the Services.
We may restrict or block automated access where necessary to protect customers, Merch Cartel, Shopify, our systems, or the integrity and availability of the Services.
SECTION 15 – TERMINATION
We may suspend or terminate your access to all or part of the Services if you violate these Terms, misuse the Services, engage in unlawful activity, or create material risk to Merch Cartel, our customers, Shopify, or third parties.
You remain responsible for amounts validly owed before termination.
Provisions that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, Feedback, disclaimers, limitation of liability, indemnification, governing law, and other accrued rights or obligations.
SECTION 16 – DISCLAIMER OF WARRANTIES
Information presented through the Services is provided for general informational purposes.
While we make reasonable efforts to maintain accurate information, we do not guarantee that all information will always be complete, current, or error-free.
EXCEPT AS EXPRESSLY PROVIDED BY MERCH CARTEL OR REQUIRED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED.
TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, DURABILITY, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT ACCESS TO THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Nothing in these Terms limits statutory warranties or consumer rights that cannot lawfully be excluded.
SECTION 17 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MERCH CARTEL AND OUR AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, EXCEPT WHERE SUCH LIABILITY CANNOT LEGALLY BE EXCLUDED.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
SECTION 18 – INDEMNIFICATION
To the extent permitted by law, you agree to indemnify and hold harmless Merch Cartel and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, liabilities, losses, damages, and reasonable expenses arising from:
(1) your material breach of these Terms;
(2) your violation of applicable law or third-party rights;
(3) materials, artwork, logos, trademarks, photographs, designs, or other content you provide for a custom merchandise project where you did not have the necessary rights or authorization; or
(4) your unlawful or unauthorized use of the Services.
We may notify you of an indemnifiable claim and reasonably cooperate regarding its defense.
SECTION 19 – SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law or severed to the minimum extent necessary.
The remaining provisions will continue in full force and effect.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms will not constitute a waiver of that right or provision.
These Terms and the policies or operating rules posted through the Services constitute the agreement between you and Merch Cartel regarding your use of the Services and supersede prior communications concerning the same subject matter, except for separate written agreements applicable to a custom merchandise or commercial project.
A project-specific proposal, purchase order, quotation, production agreement, or other written agreement accepted by Merch Cartel and a customer may contain additional terms applicable to that particular project.
If project-specific written terms conflict with these general Terms, the project-specific terms will control only with respect to that project to the extent of the conflict.
SECTION 21 – ASSIGNMENT
You may not assign or transfer your rights or obligations under these Terms without our prior written consent where such restriction is permitted by law.
We may assign or transfer our rights and obligations in connection with a merger, acquisition, restructuring, sale of assets, or other lawful business transaction.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services will be governed by and construed in accordance with the laws of the State of Texas and applicable federal laws of the United States, without regard to conflict-of-law principles, except where applicable consumer protection law requires otherwise.
Subject to applicable law, disputes arising from these Terms or the Services will be brought in a court of competent jurisdiction in Texas.
Nothing in this section deprives a consumer of mandatory rights or protections available under applicable law.
SECTION 23 – HEADINGS
Headings are provided for convenience and organization only and will not limit or otherwise affect the meaning of these Terms.
SECTION 24 – CHANGES TO THESE TERMS
You may review the current version of these Terms of Service on this page.
We reserve the right to update or replace portions of these Terms by posting an updated version through the Services.
Where required by applicable law, we will provide appropriate notice of material changes.
Changes will become effective on the date stated in the applicable notice or when posted where legally permitted.
Your continued use of the Services after an updated version becomes effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.
SECTION 25 – CONTACT INFORMATION
Questions regarding these Terms of Service may be sent to:
MERCH CARTEL
5100 Eldorado Pkwy., Suite 102
McKinney, TX 75070
United States
Customer Support:
info@shopmerchcartel.com
Custom Merchandise & Bulk Orders:
sales@merchcartel.co
Phone:
(661) 373-9310
Please do not send product returns to the business address above unless Merch Cartel has specifically instructed you to do so as part of an approved return.