TERMS AND CONDITIONS

This Agreement was last revised on August 29, 2019.

INTRODUCTION

www.merchn.com (“we,” “us,” or “our”) welcomes you.  

We provide you access to our services through our “Website” (defined below) subject to the following Terms of Service, which may be updated by us from time to time without notice to you.  By accessing and using this website, you accept that you have read, understood and agree to be lawfully bound by these terms and conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then kindly do use the Website. 

DEFINITIONS

“Agreement” is a refers to these Terms and Conditions, the Privacy Policy, Cookies Policy and other documents of the website provided to you; 

“Privacy Policy” means "https://merchn.com/privacypolicy the policy is shown on our website;

“Goods” or “Products” is a reference to any goods which we may offer for sale from our Website from time to time;

“Service” or “Services” is a reference to any service defined below, which we may supply and which you may request via our Website;

“User”, “You” and “your” are refers to the person who is accessing for taking any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this website;

“We”, “us”, “our” and “Company” are references to MERCHN office at Chicago, Illinois, 60606 United States;

”Website” shall mean and include "https://merchn.com, mobile application and any successor website or mobile application of the Company or any of its affiliates;

"Applicable Law" means in respect of a person, any statute, law, regulation, ordinance, rule, judgment, decree, by-law, approval from the concerned authority, government resolution, order, directive, guideline, policy, requirement, or other governmental restriction or any similar form of decision, or determination, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned authority or other requirements of any governmental or regulatory authority, to which such person is subject;

“Buyer” or “User” Account shall means an electronic account opened by the User with the Website to purchase the Products offered through the Website;

INTERPRETATION

All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation".

Words importing any gender shall include all the other genders.

Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.

All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or effect the meaning or interpretation of the terms of this Agreement.

INTRODUCTION AND SCOPE

Acceptance. By using the Website or Services in any manner, you are bound by these Terms of Service, as well as the terms of the Agreement identified above. In case you do not accept the terms, then kindly do not use the Website. If you are agreeing with these Terms on behalf of a Company, organization, government, or other legal entity, you hereby represent and warrant that (a) you are legally authorized to do so, (b) the entity agrees to be legally bound by the Terms, and (c) neither you nor the entity is barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.

Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.

Eligibility: Certain Service of the Website is not available to minors under the age of 13 or to any users suspended or removed from the system by us for any reason.

Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

SERVICES

www.merchn.com is an online platform for the fashion lovers to fulfill their latest fashion needs. We are a printing company at heart moving in harmony with thoughtful design and analytical math. We take pride in making the best print wear and print products so that you are able to put your best foot forward in front of potential customers, colleagues, friends and family!

We are providing a wide variety of products under various categories. We guarantee you the best products at best prices with best shopping experience.

The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Services.

ORDERING

Any order for the supply of Product from this Website is between you and Merchn. At the time of ordering, while providing your details it is your duty to be careful and warrant that the information provided are true and accurate.

Payment mode shall be:

Online: Credit Cards and Debit cards;

PayPal

Preferred method of payment is PayPal. Credit cards are accepted via PayPal merchant services. Accepted cards are: Visa / Delta / Electron / MasterCard / Eurocard / Maestro/ American Express Debit cards are accepted if they have a Visa or MasterCard logo.

Product purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.

When ordering from this Website you may be required to provide a username and password and other details. You must ensure that you keep these details secure and do not provide this information to a third party.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website

Any order that you place with us is subject to product availability and acceptance by us. When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order. Once we have sent the confirmation email we will then check availability and contact you with a further email. If the Goods are available and the details of the order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the Goods purchased. If the Goods are not available we will also let you know by email.

We also reserve the right to alter the product or services available for sale on the Website and to discontinue any product line or service

You must inform us immediately if any details are incorrect. If your order has not been accepted you will be notified of this in writing together with the reasons

We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.

DELIVERY

We know that your order arriving on time is VITAL. The total delivery time is: Processing time + Delivery Time. Generally it takes 7-10 Business days after Artwork is received, payment is made & mock-ups are approved.

If you have already placed an order and would like to track your order status, Track My Order, or call us at support@merchn.com —we’ll be happy to give you an update!

EXCHANGE POLICY AND REFUND POLICY

Generally, no refund is allowed for any purchased products. However, sometimes refund is applicable for our products/services only at our sole discretion. Please contact us via email - support@merchn.com.

We ensure assured Exchange to you for the specific product ordered from the Website, when you seek the Exchange as per the terms of the Terms and Conditions of the Website.

If you want to exchange a product, please email support@merchn.com to get authorization on return of product.

For Seven (7) days following shipment to you of the Product, EXCLUDING items marked as no Exchange accepted, you have ordered through us. You may return merchandise for an Exchange of the product anytime during that 7-day period. The product Exchange conditions:

Repackage the item including all original parts, packing material, instructions, etc. Within reason, this means that everything must be returned exactly as it was sent to you. Poor repackaging or the return of damaged merchandise could result in refusal of your return. Items MUST not have any damage/have been used.

Include a copy of the original Packing List in the package, and indicate whether you would like to be refunded for the item, or a replacement sent out.

We Exchange for the same item in the alternative size and no exchange shall be made for different product.

Buyer shall be responsible for paying shipping costs for exchanging the product. This is non-refundable. If you are shipping a product back to us for exchange, you should consider using a trackable shipping service as we cannot be held responsible for product lost in transit. We will be unable to issue an exchange if we do not receive Product.

Once we received your returned package, all returned product will be inspected before an exchange is offered. We reserves the right to deny an exchange if items are returned used, soiled, worn or damaged in any way and they will be returned to sender, at customers expense. You will be notified via email if your returned item is not suitable for an exchange. Any product returned to us with makeup/fake tan or any other markings/stains will not be exchanged.

FAULTY PRODUCT: If however you have received a faulty/incorrect product we will gladly Exchange the Product for your purchase. We inspect all products prior to dispatch. The Products that are damaged as a result of general wear and tear are not considered faulty. Please ensure that you have notified us that you are returning a faulty product. If you have received a faulty product, please email support@merchn.com to get authorization on return with faulty product, we will repair or replace the product.

SERVICE GUARANTEE

By this website:

We provide an opportunity for you to avail the offered Products and Services from our website.

We does not provide any warranty or guarantee that the Product or Service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Website/s is not as described, your sole remedy is to intimate us about Services for taking further action.

GEOGRAPHIC RESTRICTION

We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website is invalid where banned.

GENERAL CONDITIONS

You shall use the website for a lawful purpose and comply with all the applicable laws while using the website;

You shall not upload, any content that:

Defamatory, infringes any trademark, copyright or any proprietary rights of any person or affect any one’s privacy, contain violence or hate speech, include any sensitive information about any person.

You may not buy or sell any Users accounts

You shall not use or access the website for collecting any market research for some competing business;

You shall not misrepresent or personate any person or entity for any false or illegal purpose;

You shall not use any virus, hacking tool for interfering in the operation of the website or data and files of the website;

You will not use any device, scraper or any automated thing to access the website for any mean without taking permission.

You will inform us about any inappropriate content or  you can inform us if you find something illegal;

We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice, and to remove any content.

EXCLUSION OF LIABILITY

In no event shall Merchn, nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be responsible for any indirect, incidental, special, eventful or exemplary damages, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originate to have futile of its important purpose.

MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right, in its discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of Changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to its Website. Your unrelenting use of the Website or Services ensuing notice of the Modifications (or posting of the Terms incorporating the Modifications in the event your email address is no longer lawful, is obstructed, or is otherwise not able to obtain the notice) will mean that you agree to the Changes. Such Modifications will apply prospectively beginning on the date, the Changes are posted to the Website.

THIRD PARTY LINKS

The website may comprise links to external or third-party websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate the site administrator for those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measure when you are downloading files from all these websites to safeguards your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.

PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Website, you approve us to use, store or otherwise process your personal information as per our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Every effort have been taken to ensure that the information offered on this Website is accurate and error-free. We apologise for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error-free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION  RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE WEBSITE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE.  THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT IMPLY THAT SUCH SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

COPYRIGHT AND TRADEMARK

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be owned by us or third parties.   Unauthorized use of the Content may violate copyright, trademark, and other laws.  You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement.  No other use is permitted without prior written consent from us.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

If you violate any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for each and every instance.

INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services will be provided to you can be cancelled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

These Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms, and any modifications must be in a writing signed by both parties, except as otherwise provided herein.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed in accordance with the laws of the United States of America and the State of Illinois without giving effect to any principles or conflicts of law. The courts of the State of Illinois shall have exclusive jurisdiction over any dispute arising from use of the Website.

 FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

HOSTING SERVICES 

We have entered into arrangements with one or more third parties for hosting services that are essential to the Services incorporated within the Services and without which the Services could not be provided to you.

ASSIGNMENT

The Company shall have the right to assign/transfer these presents to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without any consent of the User.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at info@merchn.com.