1.1 This document (together with any documents referred to in it) tells you the terms and conditions by which Mercht Limited operates.
1.2 Before confirming your order please:
1.2.1 Read through these terms and conditions (the 'Conditions') and in particular our cancellations and returns policy at clause 12 and limitation of our liability and your indemnity at clause 16
1.2.2 Print or save a copy of these terms for your future reference.
1.3 By browsing the website, using our TeeBuilder, creating a campaign, or ordering products you agree to be bound by these terms and conditions any any other documents expressly referred to herein. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
1.4 We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions. These terms were last updated on April 21st, 2016.
2.1 This Website is owned and operated by Mercht Limited ('we'/'us'/'our'), a limited company, registered in England and Wales under company number: 09878173 having our registered office at Unit B1/3 Wellington Road Industrial Estate, Wellington Bridge, Leeds, LS12 2UA, United Kingdom. Our VAT Number is: GB231628230.
2.2 You can contact us via email at email@example.com or by writing to the registered office address above.
3.1 You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
3.2 We will contact you by email or provide you with information by posting notices on our Website.
4.1 The prices of the Goods are quoted on the Website.
4.2 Prices for delivery are quoted for delivery in the United Kingdom unless otherwise specified.
4.3 Unless otherwise stated, the prices quoted include VAT but exclude delivery costs which will be added to the total amount due from you. Delivery charges will be shown at checkout before you make a purchase, and will be based on your delivery country. For more information on delivery charges, please see our FAQs.
4.4 We reserve the right, by giving notice to you at any time before delivery or performance of our obligations to you, to increase the price of the Goods to reflect any increase in the cost to us due to any factor beyond our control (such as without limitation, any foreign exchange fluctuation, significant increase in the costs of labour, materials or other costs of manufacture). In the unlikely event of this occurring, you shall be entitled to cancel the order at any time before delivery.
5.1 We accept payment for Products via our payment partner Braintree. You can pay using credit card, debit card, or PayPal. We accept Visa, Mastercard, and American Express cards.
5.2 By placing an order, you consent to your payment method being authorised for the amount of your order. This verifies your payment details are correct.
5.3 Full payment will only be taken if the campaign you are buying from is successful.
5.4 In the event that the campaign you have supported is not successful, your payment authorisation will be cancelled and no payment will be taken.
5.5 By accepting these Conditions you:
5.5.1 Undertake that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered
5.5.2 Authorise us to transmit the payment and delivery information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention
5.6 We shall contact you should any problems occur with the authorisation of your card.
5.7 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 our Website.
6.1 All orders are subject to acceptance and availability. It is your responsibility to provide us with a valid email address and telephone number so that we can contact you if necessary.
6.2 You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
6.3 Any order placed by you constitutes an offer to purchase the Goods from us. When you place an order you will receive an acknowledgement email from us confirming the details of your order. This does not mean your order has been accepted. Acceptance of your offer to purchase will take place if a campaign is successful (please see clause 6.4).
6.4 A contract between you and us (the 'Contract') incorporating these Conditions will only exist after the campaign you have supported has closed successfully, and we have been able to process your payment. We will send you an email to confirm this (a 'Confirmation Notice'). The Confirmation Notice will amount to an acceptance of your offer to buy the Goods from us. The Contract will only be formed when we send you the Confirmation Notice (whether or not you receive it).
6.5 For the avoidance of doubt, the Contract will only be created if the campaign you have supported reaches the minimum print run of 10 items. If the campaign is not successful, your order will not be accepted and your payment method will not be charged.
6.6 You must check that the details contained in the Confirmation Notice are correct and you should keep a copy of it.
7.1 Your order will be delivered to you at the address you provided during the order process.
7.2 We employ professional carriers. Nevertheless, please examine your order on arrival. If you are asked for your signature on delivery, you must examine the Goods before signing for it.
7.3 Any dates quoted for delivering the Goods are approximate only. If no date is specified then it will take place within 30 days or a reasonable time of the date of the Confirmation Notice, unless there are exceptional circumstances.
7.4 We shall not be liable for any delay in delivering the Goods, however caused.
7.5 If your order is being delivered to an address that is outside of the UK, it may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including VAT and the cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
7.6 Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
8.1 Cancelling before receiving a Confirmation Notice (campaign you have ordered from is still running)
8.1.1 You may cancel your order for the Goods at any time prior to receiving a Confirmation Notice from us so long as you contact us in writing. You can send us a cancellation notice by sending an email to firstname.lastname@example.org. Your cancellation notice must quote your name and your order reference number.
8.2 Cancellation after receiving a Confirmation Notice (campaign you have ordered from has completed successfully)
8.2.1 The Goods are personalised and custom-made within the meaning of paragraph 13(1)(c) of the Consumer Protection (Distance Selling) Regulations 2000, and as such you are not able to cancel your order in the event that you change your mind after receiving the goods, or if you simply do not like the Goods when they arrive.
8.2.2 If you receive your order and the Goods are faulty, or not as described, then these can be returned for a full refund including delivery charges. We will reimburse any reasonable costs you incur in returning the item to us (via standard shipping), which are not to exceed the value of the Goods you are returning - a receipt must be provided to Mercht for us to reimburse you return postage costs. If you are returning defective Goods please email email@example.com for a Returns Authorisation Number to include with your package.
8.2.3 Your order will be refunded by the original payment method.
8.3 Nothing in these terms affects your statutory rights as a consumer under English law.
9.1. Mercht Limited takes cases of copyright and trademark infringement very seriously.
9.2. By creating a campaign on the Mercht website you warrant that you own all images or artworks that you upload to the website, or that you have express permission from the copyright holder to reproduce the artwork. It is the responsibility of the campaign creator to ensure that all copyright and trademark law is complied with.
9.3. If you believe that a campaign on the Mercht website infringes your or somebody else’s Intellectual Property Rights, you can report this alleged infringement to firstname.lastname@example.org
9.4. Please see our Intellectual Property Policy for further information and details regarding our treatment of any infringement.
10.1 The content of the Website is protected by copyright (including design copyrights), trade marks, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks, domain names, confidential information and know-how relating to Mercht Limited, moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
10.2 Copying or storing the contents of the Website is expressly prohibited. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
10.3 You are granted a limited license to use the Website solely as set out in these terms and conditions. Any unauthorised use of the Website is prohibited, and we reserve the right to terminate the license granted to use the Website at any time and without notice if unauthorised use occurs or is suspected.
10.4 You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
10.5 No licence is granted to you in these Conditions to use any of our trade marks or those of our affiliated companies.
10.6 Goods sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
11.1 If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us via email at email@example.com.
12.1 You are permitted to use the Website and the material contained in it only as expressly authorised by us under our terms and conditions.
12.2 You are prohibited from using the Website to create or sell any merchandise, or upload any content, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libellous, obscene, hateful, invasive of the privacy of others, or racially, ethically or otherwise objectionable.
12.3 By uploading images, designs, text, et al to our Website you warrant that any intellectual property rights in the material vests with you, or that you have the express authorisation to use such material.
12.4 In the event that a complaint is made regarding a campaign you are running, or have run, or about content that you have uploaded to the site, you undertake to cooperate fully with any investigation by Mercht into the complaint. You agree to indemnify Mercht against all claims, damages, costs and expenses relating to any complaint about your campaign, as outlined in section 13.8.
12.5 The final right to approve, reject, or cancel a campaign rests with Mercht, and we reserve the right to cancel any campaign and remove any content that we believe, in our absolute discretion, violates any of these terms and conditions. We reserve the right to withhold payment of any sums otherwise due to you in respect of such an infringement.
13.1 Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights; or will exclude or limit our liability for:
13.1.1 Death or personal injury resulting from our negligence
13.1.2 Fraud or fraudulent misrepresentation
13.1.3 Action pursuant to section 2(3) of the Consumer Protection Act 1987
13.1.4 Any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
13.2 The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and we make no warranties or guarantees, whether express or implied, statutory or otherwise (unless otherwise expressly stated in these Conditions or required by law) in relation to the information, materials, content or services found or offered on the Website for any particular purpose or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, timeliness, performance, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade custom.
13.3 We will not be liable if the Website is unavailable at any time. We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
13.4 We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
13.5 We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
13.6 We will use all reasonable endeavours to carry out our obligations within a reasonable period of time but will not be liable to you for any loss, costs or expenses arising directly or indirectly from any delays in doing so.
13.7 We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
13.7.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
13.7.2 any loss of goodwill or reputation; or
13.7.3 any special or indirect losses; or
13.7.4 any loss of data; or
13.7.5 wasted management or office time; or
13.7.6 any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Goods even if such losses are foreseeable or result from a deliberate breach of these Conditions by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions. Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, including those listed in clauses 16.8.1 to 16.8.6, is strictly limited to the purchase price of the Goods you purchased.
13.8 You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority. This includes indemnifying us against all claims, damages, costs and expenses arising from your infringement of any third party intellectual property rights.
13.9 This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights as outlined in section 8.
14.1 We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control ('Force Majeure'), which, without limitation, include:
14.1.1 Strikes, lock-outs or other industrial action
14.1.2 Shortages of labour, fuel, power, raw materials
14.1.3 Late, defective performance or non-performance by suppliers
14.1.4 Private or public telecommunication, computer network failures or breakdown of equipment
14.1.5 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
14.1.6 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions.
14.1.7 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
14.1.8 Acts, decrees, legislation, regulations or restrictions of any government
14.1.9 Other causes, beyond our reasonable control
14.2 Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
14.3 Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
15.1 In order to monitor and improve customer service, we sometimes record telephone calls.
15.4 Except for our affiliates, directors, employees or representatives, a person who is not a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
17.1 To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
17.1.1 The privacy practices of such websites
17.1.2 The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
17.1.3 The use which others make of these websites; or
17.1.4 Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
18.1 All notices given by you to us must be given to us at Unit B1/3 Wellington Road Industrial Estate, Wellington Bridge, Leeds, LS12 2UA or by using firstname.lastname@example.org. We may give notice as described in clause 3
18.2 Notice will be deemed received and properly served immediately when posted on our Website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
19.1 The Contract represents the entire agreement between us in relation to the subject matter of the Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Conditions.
20.1 We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
20.2 All prices and descriptions supersede all previous publications. All product descriptions are approximate.
20.3 Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.
20.4 If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question will not be affected.
20.5 All Contracts are concluded and available in English only.
20.6 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under it or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with your obligations.
20.7 A waiver by us of any default shall not constitute a waiver of any subsequent default.
20.8 No waiver by us of any of these Conditions or of any other term of a Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 3
20.9 Any Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
21.1 The Website is controlled and operated in the United Kingdom.
21.2 Every purchase you make shall be deemed performed in England and Wales.
21.3 The Conditions and any Contract brought into being as a result of usage of this Website will be governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.
Mercht Limited appreciates how important your privacy is on the internet, and as a company is committed to protecting the privacy of our site visitors, and our customers. We will never disclose information about our customers to third parties, except where it is part of our service to you (e.g. arranging a delivery via a third party courier service, carrying out credit or security checks, etc), where we have your express permission to do so, or where it is required by law.
Here at Mercht we collect a certain amount of personal information from you when you sign up for an account with us, place an order, create a campaign, or register for our mailing list. By registering or placing an order, you consent to us collecting this personal data. If you have placed an order, we hold personal information including your name, email address, phone number, and your shipping and billing addresses for the purposes of processing and fulfilling your order.
We do not store any card details at Mercht - we use Braintree to process credit and debit card payments, and we do not have access to those details once payment has been processed. We ask for your telephone number in order for us to easily contact you if we have any questions related to the campaign you’ve created.
The Live Chat service on our website stores all chat conversations. Rest assured, we only access and use these transcripts for training and quality control purposes, so we can enhance the service we provide. If you require a copy of your chat conversation simply request this when exiting Live Chat or contact our customer experience team by emailing email@example.com
If you have made an order with us previously, we may occasionally update you on our new products, news, and special offers via email. You can also select to receive these communications from us when you register on our website.
You have the option to opt-out of our email marketing at any time - just click the “unsubscribe” link in any email newsletter we have sent you, or you can email firstname.lastname@example.org and request to be removed from our mailing list. Although we hope you stick around…we’ve usually got some interesting stuff to share, and we won’t spam you ever. Unsubscribing from the mailing list will not unsubscribe you from emails regarding your orders or your campaigns - we want to keep you updated on that!
There are four types of cookies:
Website functionality cookies — These cookies enable you to browse the website and use features such as our TeeBuilder and shopping cart - these are the good kind (not quite chocolate chip, sadly) that enable our site to load faster for you, and remember what’s in your cart. We use a number of different types of functionality cookies to try to make your experience as streamlined and easy as possible. These cookies are essential to your campaign creation and shopping experience on our website.
Website analytics cookies — We use these cookies to measure and analyse how our customers (you!) are using our website. The information collected is anonymous, and tracking these allows us to continuously improve our website and endeavour to make your experience as awesome as possible.
Customer preference cookies — When browsing or shopping online, our website will remember preferences you make (for example your user name, language or location). This makes your browsing experience simpler, easier and more personal to you.
Targeting cookies or advertising cookies — These cookies are used to deliver adverts relevant to you. In addition, they limit the number of times you see an advertisement as well as helping us measure the effectiveness of our advertising campaigns.
By using our website you agree that we can place these types of cookies on your device and access them when you visit the site in the future.
If you want to delete any cookies that are already on your computer, please refer to the help and support area on your web browser for instructions on how to locate the file or directory that stores cookies.
Information on deleting or controlling cookies is available at www.AboutCookies.org. Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.
Mercht Limited is the data controller for the purpose of the Data Protection Act 1998.
If you would like to access the information we hold about you, then please email email@example.com with the email subject line “Subject Access Request: [YOUR NAME]”. We may make a charge for this to cover the cost of our time, and for security reasons may ask you to verify your identity.
We love hearing from our customers (even if you want to report a problem or make a complaint!). We’re always trying to improve the service we offer you, the product range, and the experience you get as a Mercht user.
If you want to get in touch with us you can either contact our customer experience team at firstname.lastname@example.org or you can write to us at:
Unit B1/3 Wellington Road Industrial Estate