General Terms (applies to all orders)
Pricing and delivery
Merchly reserves the right to change prices, colors, materials, specifications and quantities in our catalog, web site, or elsewhere without notice or obligation.
Prices quoted on our website do not include freight. Your generated mockup is a reference. If you do not specify print dimensions in your order notes, our production team will print at their discretion. All shipping is FOB Neptune, NJ, unless indicated otherwise. Merchly is not responsible for loss or damage to the product once any product has left Merchly's premises. Merchly is not responsible for third party shipping delays.
Merchly and its parent company charges state and local sales taxes where applicable.
Payment terms
Merchly accepts cash, check, money order, VISA, MasterCard, Discover, American Express.
Order cancellation
Merchly reserves the right to refuse or cancel any order.
Order Terms
Merchly's Anti-Piracy Compliance Program protects property rights owners from the unauthorized distribution of their Intellectual Property.
The customer represents and warrants to Merchly: (a) that it is the true and rightful owner of, or is licensed or otherwise possesses legally enforceable rights to use the registered and unregistered rights, titles, and interests in and to any United States or foreign trademarks, service marks, trade names, copyrights or other intellectual property rights relating to the materials provided to Merchly by the customer under this agreement, including but not limited to the right to reproduce, manufacture and otherwise use the materials: (b) that the customer and Merchly are not, or will not be, as a result of the execution and delivery of this agreement or the performance by Merchly of the obligations hereunder, in violation of any intellectual property rights of third parties; and (c) that no claims with respect to the customer's intellectual property rights or third party intellectual property rights in the materials are currently pending, nor to the knowledge of the customer, are threatened by any person, nor, to the customer's knowledge, do any grounds for any claims exist.
Customer agrees to indemnify, defend, protect, and hold harmless Merchly and its subsidiaries and their respective officers, directors, agents, affiliates, distributors, franchisees, and employees (collectively, "indemnified parties") against any liabilities, losses, claims, damages, punitive damages, causes of action, lawsuits, administrative proceedings (including interest from the date of such damages), and costs and expenses (including without limitation reasonable attorneys' fees and disbursements of every kind, nature, and description) (collectively, "damages") suffered, sustained, incurred, or paid by the indemnified parties in connection with, resulting from, or arising out of, directly or indirectly (i) any claim, demand, proceeding, or lawsuit by a third party based on any assertion that the services provided to the customer under this agreement breaches the patent, copyright, trademark, trade secret, or other proprietary right of such third party and (ii) any breach of any representation or warranty of the customer set forth in this agreement or the form, Intellectual Property Ownership Agreement, Purchase Order, or in any other form or document in connection herewith.
Merchly reserves the right, at its sole discretion, to investigate the ownership of any and all materials provided hereunder.
The customer agrees to provide Merchly, upon request, all necessary documentation of ownership or other legal rights, including without limitation all pertinent copyright and licensing information. By reserving these rights, Merchly does not in any way assume an obligation to investigate or verify ownership of any materials provided by the customer, and Merchly may rely on the customer's representations even if Merchly investigates such ownership.
If Merchly determines, or has reason to believe, that the customer does not have the authority to produce the products sought hereunder, Merchly will have no further obligations to the customer to provide any products or any other services with respect to such materials, and Merchly will return such materials to the customer.
Pricing and Delivery
Merchly reserves the right to produce and bill for production overruns or underruns up to five percent (5%) of the customer's order. Customer will be billed for actual amounts shipped.
The customer's order will be delayed if the customer has failed to provide to Merchly all necessary materials.
Quoted or acknowledged delivery dates are only estimated dates of delivery. Merchly specifically disclaims liability for delays in delivery and any resulting consequential damage or losses.
Coupons, discounts, promotions and contest awards are non-transferable and expire 120 days after award (offer) date, unless an extended expiration is explicitly stated on the award. Coupons, discounts promotions and contest awards are not redeemable for cash, may not be replaced if lost or stolen and may not be used in conjunction with any other offer. Void if reproduced, purchased, traded or sold.
In the event a client fails to pay within ninety (90) days for any work completed, or in the event a client fails to accept delivery or pick up his finished product within ninety (90) days from completion, Merchly has the right to sell, dispose of, destroy or use any such material on hand in any way Merchly chooses without any liability by Merchly to the customer or others.
While Merchly will treat the customer's materials with the utmost care, Merchly specifically denies liability for damage or loss due to fire, casualty, or negligence while the customer's materials are in the care and possession of Merchly.
Customer's materials stored in Merchly's premises are not insured and are stored strictly at the customer's risk. The customer agrees to carry insurance coverage for its materials while at and in transit to and from Merchly's premises.
Refunds and Returns
Merchly does not accept returns for custom printed merchandise. If you experience a defect or have a concern regarding your custom merch order please contact us at team@merchly.com
Payment Terms
Order must be prepaid in full, including freight and any applicable taxes.
Warranty of product, limitation of liability, and indemnification
Merchly guarantees the customer's satisfaction with art proofs. If Merchly cannot satisfy the customer, Merchly will refund the entire deposit amount if customer wants to cancel the project. However, once proofs are approved Merchly will charge for all work and services performed, even if the project is subsequently canceled.
Merchly warrants that material produced and delivered by Merchly meets Merchly's standard specifications for the material and meets generally accepted industry standards.
If any custom-manufactured product produced by Merchly from or through the use of materials is found to be defective in quality, or is shipped or labeled in error, Merchly will replace or repair defective product and/or correct error in shipment or labeling at its own expense or, at Merchly's option, refund to customer part or all of the purchase paid to Merchly, on the condition that a) written notice of such defect or error is received by Merchly at its office within thirty (30) days after shipment by Merchly to customer, and b) the defect or error did not result from a defect or error in the materials supplied by or on behalf of the customer. If said notice is not received by Merchly within the date indicated above, Merchly will be deemed to be released by customer from any and all liability.
The customer shall return any defective product to Merchly should Merchly so request. No merchandise may be returned to Merchly without written return authorization by Merchly. Product reruns or purchase price refunds will be prorated based on the quantity of defective merchandise returned.
Prior to returning any product, you must obtain an RMA (return merchandise authorization) number from Merchly. The RMA number must appear on your address label. Merchly reserves the right to refuse delivery of any item returned without an RMA number.
Merchly is not responsible for any loss of revenue or profit or other financial damages of any kind whatsoever, whether direct or indirect, suffered by the customer for any reason whatsoever.
Order cancellation
Orders for products not yet manufactured by Merchly may be cancelled by either party at any time. The customer will be responsible for all costs incurred by Merchly related to pre-manufacturing or manufacturing of any product, prior to receipt of notice of cancellation. After such cancellation, the customer's materials and any completed product may be delivered to the customer only after all sums owed to Merchly have been paid in full by cash or check.