Terms

General Order Terms (applies to all orders)

All custom merchandise orders ship in 10-12 business days + time in transit unless otherwise noted. MERCHLY is not responsible for 3rd party shipping carrier delays. 

MERCHLY does not own or have the right to use the artwork, designs, logos uploaded to MERCHLY.COM  by you. MERCHLY reserves the right to refuse service to any customer due to indecency of artwork, logo, design, etc.

Our system reads your uploaded design and determines the print colors and dimensions. If you have specific Pantone colors and/or print dimensions that you’d like to use, please list them in the customer notes section at checkout. Unless otherwise noted by you, you are hereby agreeing to allow our system to choose the print colors and dimensions based on the design you upload and place on your product choice. 

The mockup that you create in our digital design studio is a reference. If you do not specify print dimensions in your order notes, our production team will print your order at their discretion. The mockup that we work off of to create your order is made by you. We do not send back a mockup of YOUR mockup for your approval.

We are not responsible for low resolution artwork. If you upload low resolution artwork, your order is subject to poor print quality.

MERCHLY is not responsible for lost or damaged packages after the package has left our facility. If your package(s) is damaged or lost, a claim will be filed with the 3rd party shipping carrier and we will update you with any and all information pertaining to the resolution of the claim as soon as that information is available to us. Please note, lost or stolen package claims can take up to 14 business days.

If there is an issue with your order after you’ve received it, we will do our absolute best to resolve the issue as quickly as possible. We require high resolution photos of the issue, along with a detailed description of the issue. Please compile this information neatly and concisely in an email to team@merchly.com

In MOST cases, IF you are eligible for a refund OR a reprint, we will require that the existing order be sent back to us, using a prepaid shipping label that we provide.

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 expedited freight. MERCHLY is not responsible for loss or damage to the product once any product has left our 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 all major credit and debit cards.

Order cancellation
MERCHLY reserves the right to refuse or cancel any order.

More(!) Terms

Intellectual Property Rights Protection
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.

 

Order cancellation

Orders for products not yet manufactured by MERCHLY may be cancelled however, a restocking fee will apply. 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.

 

YOU ARE HERBY AGREEING TO ALL OF THE ABOVE TERMS WHEN YOU CHECKOUT ON MERCHLY.COM