This website is operated by Merchy Merch. Where these terms and conditions use terms such as “we”, “us” and “our” they refer to the owner of the website www.merchymerch.co.uk. The abbreviation term “MM” will also refer to the owner of the website www.merchymerch.co.uk. The term ‘you” or ‘your” or “customer” refers to the viewer or user of the website listed above. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
We offer this website, including all the information, tools and services available on it, on the condition that you accept these terms and conditions and the associated privacy policy available on our website.
By visiting our website and/or purchasing something from us, you are deemed to have accepted these terms and conditions.
You can view the most current version of these terms and conditions at any time by visiting this website page. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. It is your responsibility to check this page on each visit to your website, read these terms and conditions and ensure you understand them before making a purchase.
Cookies
We employ the use of cookies. By using Merchy Merch’s website you consent to the use of cookies in accordance with Merchy Merch’s privacy policy. Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit.
Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.
Licence
Unless otherwise stated, Merchy Merch and/or its licensors own the intellectual property rights for all material on Merchy Merch.
All intellectual property rights are reserved. You may view and/or print pages from https://www.merchymerch.co.uk for your own personal use subject to restrictions set in these terms and conditions.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
Nothing in this disclaimer will:
- Limit or exclude our or your liability for death or personal injury resulting from negligence.
- Limit or exclude our or your liability for fraud or fraudulent misrepresentation.
- Limit any of our or your liabilities in any way that is not permitted under applicable law.
- Or exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:
- are subject to the preceding paragraph; and
- govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities that arise in contract, tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
1. ORDERS
1.1 Orders placed via our website will be treated as firm orders and processed accordingly. Requests for quotations must be made by email.
1.2 All orders except for those paid for online must be confirmed in writing. Merchy Merch will not accept or process any orders verbally. Once confirmation of an order has been received in writing or via the websites highlighted above, orders are processed within 24 hours. MM will then contact the customer to confirm all order details. Once the order has been confirmed between MM and the customer an expected delivery date will be provided. If delays occur due to the customer not supplying all the appropriate information (such as logos in a suitable format) then MM cannot be responsible for any delays in the delivery of the order date given.
1.3 If Merchy Merch produces artwork to illustrate the products to be supplied, then once confirmed these graphic sheets are a binding contract between the customer and MM. It is the customers responsibility to check the prices quoted and the detailed graphic sheets prior to order confirmation.
1.4 All colours and designs illustrated by MM on the graphic sheets provided are for visual guidance only. All graphic sheets created by MM remain the copyright of Merchy Merch and cannot be copied by a competitor. Logos are not shown to scale on any of the graphic sheets or illustrations provided online via merchymerch.co.uk.
1.5 Orders paid online via www.merchymerch.co.uk are only processed once the online shop / pre-order window has been closed as requested by the customer who is the point of contact with MM on behalf of your organisation.
1.6 Once the pre-order window closes all the orders received for that shop will be collated and processed together and treated as one complete and confirmed order. No changes to the individual orders, refunds or any additions can be made to this complete order once the online shop orders have been processed.
1.7 Any orders that are affected by out of stock items, the customer will be contacted by MM and either given a new expected delivery date for the product ordered or the option to request a refund or change the product to a similar priced garment that is available. Any delays by the customer to inform MM of their decision could result in delays in receiving the order which MM would not be responsible for. If the customer does not respond then MM will assume that the customer is willing to wait until the product ordered comes into stock on the new date specified.
2. PRICE
2.1 Prices shown on our web site are in UK Sterling. Changes in quantity may affect price. The Company reserves the right to vary prices, carriage costs and specifications without notice and to charge the Purchaser the price ruling at date of despatch. All prices on product pages are shown inclusive of VAT which will be charged at the appropriate rate. Our VAT Number is 356636277.
2.2 In the case of Merchy Merch providing a written quotation, the validity of prices quoted will be 30 days from date of quote. After such time MM has the right to change prices and requote if necessary.
2.3 If orders are delayed or suspended by the customers instructions or lack of, then MM has the right to adjust prices to reflect the costs incurred on Merchy Merch. If MM are unable to confirm the change in price with the customer, MM may cancel the order and provide a refund in full to the customer.
2.4 Quotes are based on quantities required and if these are changed by the customer before orders are confirmed or payment made then MM also has the right to change the quote supplied to reflect the change in quantity required by the customer.
2.5 Web site prices may vary from issued price list prices, where a price is lower on the web site, the lower price only applies to orders placed and processed via the web site.
2.6 If, by mistake, we have underpriced a product, we will not be liable to supply that product to you at the stated price, provided that we notify you before we dispatch the product to you. In those circumstances, we will notify the correct price to you so you can decide whether or not you wish to order the product at that price. If you decide not to order the product, we will give you a full refund on any amount already paid for that product in accordance with our refund policy.
2.7 For certain promotions and discounts we show discount voucher codes which can be applied within the shopping cart section of our website. If these voucher codes are used with a selection of products that is not advertised or certain required products are missing from the order, we reserve the right to cancel your order and issue you with a full refund.
Discount Vouchers
- Discount vouchers are only valid for orders placed online.
- Misuse of a discount voucher which has not been given for public or consumer use will result in the cancellation of your order.
- Misuse of a discount voucher that wasn’t intended for certain products will result in the cancellation of your order.
- Only one promotion code can be used per transaction.
- Discount vouchers are not valid in conjunction with any other promotion.
- Discount vouchers are only valid on specific products while stocks last and may be withdrawn at any time.
- In the event of product returns, refunds will be given for payment used in the original purchase once the discount is applied.
3. EMBROIDERED & PRINTED GOODS
3.1 Merchy Merch are unable to provide a refund or exchange for any items that have been customised with either print and/or embroidery. The customer should check any orders before confirmation or payment as MM will not accept any responsibility for items printed or embroidered incorrectly. MM will not accept any liability for any damage caused when customising items supplied by the customer. MM will refund or replace items supplied and customised by MM only if the items are deemed faulty.
4. DELIVERY
4.1 Every endeavour will be made to maintain delivery dates but no responsibility for later delivery due to circumstances beyond our control will be accepted. In no case shall delay be a ground for rejecting goods or terminating the contract. Items quoted ex-stock for next day delivery are subject to prior sale.
4.2 The Company accepts no responsibility for any consequences, financial or otherwise, for failure of the customer to receive goods at the delivery address provided by the customer.
4.3 The customer must provide a full postal address and ensure that arrangements have been made to take receipt of the order on the day of delivery by the courier firm.
4.4 Goods delivered by carrier or Royal Mail Recorded Delivery will require a signature to acknowledge receipt of the goods. If the goods are delivered and appear not in good condition, they must be signed for as received in damaged condition. Unless this is done, the Company will accept no responsibility for subsequent claims in respect of damaged or faulty goods.
4.5 In the event of goods being returned to the Company because of failure by the customer to receive the goods, the customer will be liable for the costs incurred in returning the goods to the Company. No re-delivery will be made until the customer has paid for the cost of a second delivery and reimbursed the Company for the cost of returning the goods to the Company.
4.6 Shortages/Discrepancies: Any shortages/discrepancy with your order must be notified to us within 48 hours of delivery. Outside of this timescale it is deemed that you have accepted the order.
4.7 MM will endeavour to meet the expected delivery date provided at time of order confirmation. Merchy Merch shall not take responsibility if it is not able to meet its obligations to the customer due to conditions that constitute “Force Majeure” meaning an excusable delay, unforeseen circumstances proved to be beyond the reasonable control and without the fault or negligence of the customer but not limited to acts of God, natural disasters, fire, flood, explosions, earthquakes, accident, failure of power supply, or strike by company employees that prevents the customer orders from being completed to the satisfaction of the customer. In such circumstances the customer can by written notice cancel the order but would be required to pay for work done up until that point in full.
5. SIZES & COLOURWAYS
5.1 Product images and colour options presented on the websites stated above or in any other form of media such as brochures and email content should be seen as a guideline only. Colour representation is only as accurate as the web and print design processes allow.
5.2 All images remain the copyright of Merchy Merch and/or our suppliers. Permission must be sought prior to use.
5.3 Sizes and colours shown on the websites are for guidance only. Sizes vary for each of the suppliers used by MM. Some suppliers provide sizes in European or US form. If unsure about how these relate to UK sizes please contact Merchy Merch and a member of the sales team will advise and provide further information where possible.
5.4 Colours shown on the website are for guidance only and may vary to the actual colour of item delivered. Colours for each of the suppliers used by MM vary and garment colours will not match across different suppliers due to the differing colour processes and fabrics used. If unsure about the colour of product shown please contact a member of the MM sales team who will provide further information if available.
5.5 MM can only provide advice on colours and sizes available but no recommendations will be offered by MM staff. MM are not responsible or accountable for the colours and sizes ordered by the customer. If unsure the customer should order samples prior to confirming the main order to avoid any disappointment or financial loss.
6. ERRORS & OMISSIONS
6.1 No responsibility is accepted for contingencies arising from errors and omissions in data, specifications or prices from our web site.
7. CANCELLATIONS
7.1 Once all orders have been confirmed by the customer the order cannot be cancelled unless the customer agrees to pay any costs incurred by MM and a restocking fee of 30% of the full order value if garments have already been purchased by Merchy Merch. Once garments have been customised in any way, orders can NOT be cancelled by the customer and the customer is liable for payment of the whole order.
7.2 Merchy Merch cannot accept any returns for items customised with embroidery and/or print.
7.3 Non authorised returns may be rejected.
8. REFUNDS & RETURNS
None of the below affects your statutory rights.
Customised Items
8.1 All orders placed on www.merchymerch.com are classed as customised items and therefore are not refundable. Garments manufactured in accordance to designs created via www.merchymerch.com are also non-refundable by Merchy Merch.
8.2 If it is the customer’s opinion that the garment has been supplied incorrectly by MM or it is felt that the items are faulty or have a defect please contact Merchy Merch via email or phone within 24 hours of receiving the order. Faulty items received by MM after this period will lead to an investigation both by MM and the supplier concerned.
8.3 Before returning any garments, Merchy Merch may request sending a photo of the fault/defect to first assess the issue raised. If a satisfactory solution cannot be agreed MM will ask for the defective items to be returned. The customer must provide any evidence of proof of purchase when sending the faulty garments back to Merchy Merch. All faulty items should be returned to.
Merchy Merch, Number 27, Beaconsfield Road, Poole, BH12 2NH
8.4 If the garments are found to be faulty or supplied incorrectly Merchy Merch will refund postage and replace the items free of charge. Proof of postage receipt will be required by MM to refund any postal costs incurred by the customer. MM will refund postal charge incurred up to the value of £9.00. If the cost to return the items exceeds this amount the customer should contact MM, before sending back the items.
Non Customised Items
8.5 Due to strict guidelines and restrictions on returning non customised items back to suppliers MM have a strict policy in accepting items back to be refunded or exchanged.
There is a no returns policy on all baselayers, underwear or bottoms as these are all classed as underwear products.
8.6 There is a no returns policy on all sale items or discontinued products.
8.7 To return items that have not been customised customers will have to email returns@merchymerch.co.uk within 48 hours of receiving the order with the reasons for returning the items. MM then will consider the request and advise the customer if the items can be returned or not. All return requests are evaluated on an order by order basis. Please note that a number of the well known brands do not allow items to be returned and this will determine the decision MM makes.
8.8 Items can only be returned if the customer has received a returns authorisation code which will be issued within 5 days of receiving the returns request.
8.9 MM will only refund or exchange items if they are returned within 7 days of receiving the returns authorisation number.
8.10 MM may incur a restocking charge from suppliers and this may be passed onto the customer at the discretion of staff at MM. The customer will be advised on the charge before the authorisation for returns is provided.
8.11 MM will not accept large quantities (5 plus) of un-customised items to be returned due to the cost incurred by MM in restocking the items with its supplier.
8.12 Any postage cost for items authorised to be returned will be absorbed by the customer. Any items that have been returned will be refunded minus the postage cost initially charged to the customer.
8.13 All non-customised items that have been authorised to be returned must be unworn and in their original condition, packaging and include original labels. Any returned items received that are unable to be resold or returned to the supplier for resale will not be refunded.
8.14 Any shortages or missing items to customised or non customised orders received should be notified to Merchy Merch within 48 hours of receiving the order. Failure to notify MM within this period will mean that MM will be unable to refund or replace the missing items.
If samples have been ordered then MM would advise that the items ordered should be included in the final order to avoid any additional costs incurred. If a customer is unsure of the size samples to order then they should contact staff at MM for advice.
9. PAYMENT
9.1 Payment is to be made prior to goods being dispatched. We accept most credit and payment cards.
10. OWNERSHIP
10.1 The ownership of the goods shall remain with the Company until such time as all sums owing to the Company whether under this contract or any other contract have been paid.
11. ONLINE STORE TERMS
11.1 We may not be able to accept your order due to one or more of the following reasons, or for a reason not listed below:
- i) The item you have ordered is out of stock
- ii) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
- iii) There has been a pricing or product description error
- iv) There is a system or procurement failure
- v) You have failed our customer validation checks
11.2 When you place an order you will receive an email confirming the details of your order. This email is not confirmation that your order has been accepted by us.
11.3 Your order will only be accepted by us once your goods have been dispatched.
12. JURISDICTION
12.1 These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England & Wales.
13. ENTIRE AGREEMENT
13.1. These terms and conditions combined with our published Privacy Policy (also available through this website) and Refund Policy (also available through this website) constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and us whether written or oral.
14. GENERAL
14.1. Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
14.2 Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, however, caused.
15. KLARNA
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
- Pay in 3
- Pay Later
Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.
