Effective Date: 01/01/2024

Terms of Service

Thank you for visiting TRADE MERCH. These Terms of Service outline the terms and conditions that apply to your access and use of our websites www.trademerch.net and m.trademerch.net (the "Websites"), any mobile applications we may develop in the future (each a "App"), and your interaction with our services (collectively, the "Services"). Please carefully read the following definitions. You cannot access or use the Services if you do not agree to these terms. 

The owner of the Services, TRADE MERCH INC., is referred to as "TRADE MERCH," "us," "we," or "our." You or your refers to the person using or viewing the Services.

Acceptance 

You accept the conditions outlined in these Terms of Service (the "Terms of Service") in their entirety. The Services, the material, goods, or services offered by or via the Services, and the subject matter of these Terms of Service constitute the entire agreement between us and you, and these Terms of Service supersede all prior or contemporaneous statements, warranties, and understandings. To use our Services, you must be at least the age of legal majority where you reside, which is presently 18 in most states. Alternatively, you must have your parent's or guardian's consent, who must accept these terms on your behalf.

Modifications

We reserve the right to change these terms of service at any time without giving you a particular notice. You should examine the Terms of Service before using the Services to ensure you are aware of any changes. The most recent Terms of Service will always be available on the Services. Upon the publishing of updated Terms of Service, your continuing use of the Services constitutes your acceptance and agreement to the modifications.

Privacy

The Privacy Policy is incorporated by reference into these Terms of Service, and your agreement to be bound by these Terms of Service means you are also bound by the Privacy Policy.

Shipping and Return Policies

By agreeing to be bound by these Terms of Service, you also agree to be bound by our Shipping Policy and Refund Policy, which are incorporated by reference into these Terms of Service. 

Due to the huge volume, processing times are currently longer than usual; please allow an additional 5-7 business days. As your order ships, you will get an email with your tracking information. The current UPS ground shipment time frames are 5-7 business days. You can reach us here if you have any questions.

Exceptions to this shipping policy include:

Made-to-order products. These products are made specifically for the customer after an order is placed. Estimated delivery timelines are indicated on the respective product page.

Products with extended delivery timelines. Estimated delivery time frame will be indicated on the respective product page, during checkout, and in the order confirmation email.

All international customers now have the option to pre-pay for any potential duties & taxes upon check out. Regulations for import duties and taxes vary from country to country.

Please be aware: that we are not responsible for these expenses if you choose not to prepay for any duties and taxes at the time of checkout. TRADE MERCH has no control over these fees because they are set by the destination country's customs office. Upon delivery, the carrier will charge you for any necessary costs. Customers will not be compensated for their orders if customs and taxes are not paid for by them and there is a refusal upon delivery.

TRADE MERCH aims to ensure its customers' full satisfaction. If you are not completely satisfied with your purchase, you may return your item(s) for store credit.

To return an item, the following conditions must be met:

Returns must be made within 14 days of delivery.

The returned item(s) must be unworn and complete.

Online credit will be given for returned items after they are received and examined. If an exchange is conducted, the customer will be forced to use the granted store credit to buy the desired item. Risk of loss or damage during return transportation is not our responsibility.

Please note:

Items purchased during seasonal sales cannot be returned or exchanged.

Items marked as Final Sale cannot be returned or exchanged. 

Customers will not be refunded for initial shipping costs. 

Store credit for the webshop will be given for the retail price of item(s) purchased.

If you received an incorrect or damaged item, please reach out to us directly at trade@trademerch.net. 

 The e-mail is the e-mail address that you provided upon check out.

Once the return form is submitted, a prepaid return label will be generated.

Place all items you wish to return in their original packaging, including any hang tags, and send using the attached prepaid return label.

We will notify you as soon as your item is received and processed. 

If you decide to place a new order, the cost of shipping will not be included and will have to be paid again.

Use of Services

You might need to register in order to access certain areas of or use certain Services offerings. You consent to giving us true, accurate registration information if it is needed. We forbid either (a) anyone else using the registered parts under your name, or (b) numerous users on a network having access under a single name. It is your responsibility to stop such unlawful use. 

In the event that, in our sole discretion, (a) we are unable to obtain or verify your identity or eligibility; (b) the security of your account has been compromised; or (c) your account has been used in, or appears to have been used in, (a), we reserve the right to close, suspend, or limit access to your account and/or the Services. In a nefarious manner.

Copyright

The Services are covered by applicable copyright, trademark, and other proprietary (including but not limited to intellectual property) rights. These rights protect the content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other aspects related to the Services. Except as permitted by these Terms of Service below, you are not permitted to copy, distribute, use, or publish any of these materials or any portion of the Services. Any content or other items that you view through the Services do not become your property. A right to such information or materials is not waived by the publication of such information or materials on the Services. A portion of the content on the Services is third parties' copyrighted creations.

Trademarks 

TRADE MERCH’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of TRADE MERCH or its affiliates or licensors. You must not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify such marks without the prior written permission of TRADE MERCH. All other names, logos, product and service names, designs, and slogans on the Websites and App are the trademarks of their respective owners.

Limited License; Permitted Use

You are granted a non-exclusive, non-transferable, revocable license to access and use the Services strictly in accordance with these Terms of Service. All other rights are reserved. 

Restrictions and Prohibitions on Use

Your license for access and use of the Services and any information, products, services and materials they contain (collectively defined as “Content”) therein are subject to the following restrictions and prohibitions on use:  you may not (a) copy, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Services or any Content retrieved therefrom; (b) create compilations or derivative works of any Content from the Services; (c) use any Content from the Services in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (d) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Services; (e) make any portion of the Services available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (f) remove, decompile, disassemble or reverse engineer any software in the Services or use any network monitoring or discovery software to determine the Services architecture; (g) use any automatic or manual process to harvest information from the Services; (h) use the Services for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or non-existent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions or telephone solicitations; (i) use the Services in a manner that violates any state or federal law; (j) export or re-export the Services or any portion thereof, or any software available on or through the Services, in violation of the export control laws or regulations of the United States; and (k) use the Services in any way except as permitted by these Terms of Service.

Errors, Corrections and Changes

We don't guarantee that there won't be any errors, that the Services won't contain any viruses or other harmful elements, or that flaws will be fixed. We make no guarantees or warranties regarding the accuracy, timeliness, reliability, or suitability for your use of the information made accessible on or through the Services. We have the right to make changes to the Services' features, functionality, or content at any time. Any information or Content on the Services may be edited or removed at any time, at our sole discretion.

Third-Party Content

Through the Services or through connections from the Services, third-party content might be present. Any errors, misstatements of law, defamation, omissions, falsehoods, obscenity, pornography, or other inappropriate language in the statements, opinions, representations, or any other type of content on the Services are not our responsibility, and we disclaim all liability for them. You are aware that the facts and viewpoints expressed in the third-party content are exclusively the author's, not ours, and do not necessarily reflect our beliefs.

Unlawful Activity

We reserve the right to look into complaints or reported violations of these Terms of Service and to take any action we deem necessary, including but not limited to reporting any suspected illegal activity to regulators, law enforcement officials, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information.

Nontransferable

Your right to use the Services is not transferable or assignable. Any password or right given to you to obtain information is not transferable or assignable.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers or information and documents, attorneys, advertisers, products and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms of Service or use of the Services.

Limitation of Liability

Even if we have been informed of the possibility of such damages, neither we nor any Affiliated Party shall be liable for any indirect, special, incidental, punitive, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like). This applies regardless of whether the cause of action arises from breach of contract, breach of warranty, tort (including negligence), product liability, or any other cause of action.

In lieu of any other remedies you may have against us and any Affiliated Party, the total amount of our and any Affiliated Party's liability in connection with any claim arising out of or pertaining to the Services and/or the Content provided herein or hereafter shall not exceed $100. 

The above-mentioned negation and limitation of damages are essential components of the basis of the agreement between us and you. Without these restrictions, the Services and the Content would not be made available.

Use of Information

We reserve the right to use and distribute all information about your use of the Services in any way that complies with our Privacy Policy, and you hereby permit us to do so. Any comments, ideas, concepts, visuals, or other anything you send to us (collectively, a "Submission") shall remain our exclusive property indefinitely. We won't be obligated to regard Submissions as confidential, and we won't be held responsible for how we use any ideas you submit (including without limitation, product, service or advertising ideas). Any parallels that may exist in our future operations, products, or services won't subject us to any liability. Unrestricted ownership of all current and future rights to the Submission of every type and nature will belong exclusively to us. Without paying you or anyone else who submitted the submission any money, we will be allowed to use it for any and all commercial or other purposes. You understand that any content you post is at your own risk, and that you alone bear complete responsibility for it, including any legality, dependability, appropriateness, originality, and copyright issues.

Copyright Complaints

We respect the intellectual property of others, and we ask you to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyright work that you claim has been infringed;

A description of where the infringing material is located on the Services;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the alleged infringing use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can reach us directly by emailing us at trade@trademerch.net with the subject “Copyright Infringement.” Please note that we may request additional information before removing any allegedly infringing material.

Severable and Survival

If any provision of these Terms of Service is found invalid or unenforceable pursuant to judicial decision, the remainder of these Terms of Service will remain valid and enforceable according to its terms. All terms that logically ought to survive the termination of these Terms of Service shall survive.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services and the Content provided therein.

Governing Law and Jurisdiction

These Terms of Service shall be governed by the laws of the State of New York without regard to conflicts or choice of law rules or principles.  Any action to enforce these Terms of Service shall be filed in the State or Federal Courts located in New York, New York, only.

Force Majeure

TRADE MERCH will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond our reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic, or governmental action, in so far as such an event prevents or delays us in fulfilling our obligations hereunder.

Contact Information

If you have any questions or concerns about these Terms of Service, please email us at trade@trademerch.net.