Terms of service
OVERVIEW
Welcome to MerchCrafted! The terms “we,” “us,” and “our” refer to MerchCrafted.
MerchCrafted operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the “Services”). MerchCrafted is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information.
You represent and warrant that all information you provide to MerchCrafted is accurate, current, and complete and that you have all rights necessary to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 - OUR PRODUCTS
We make reasonable efforts to provide accurate representations of our products and services in our online store.
However, colors, images, and product appearance may differ from how they appear on your screen depending on your device, display settings, browser, and other technical factors.
We do not warrant that the appearance or quality of any product or service purchased by you will exactly match how it appears on your device or meet your individual expectations.
Product descriptions, specifications, pricing, and availability may change at any time without notice.
We reserve the right to discontinue any product at any time and may limit quantities of products offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order through MerchCrafted, you are making an offer to purchase the products included in your order.
MerchCrafted reserves the right to accept or decline your order for any reason at our discretion.
Your order is not accepted until MerchCrafted confirms acceptance of the order. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted or production has begun.
If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided when the order was placed.
Purchases made through our store are subject to returns and refunds in accordance with our Return & Refund Policy.
You represent and warrant that purchases made through MerchCrafted are for your own personal or household use and are not intended for unauthorized commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, promotions, and offers are subject to change without notice.
The price charged for a product or service will be the price displayed at the time the order is placed and will be included in your order confirmation.
Unless otherwise stated, displayed prices may not include applicable taxes, shipping, handling, customs duties, or import charges.
We may offer promotions from time to time that are subject to separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms of Service, the promotion terms will apply to that promotion.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.
You agree to promptly update your information, including your email address, payment card information, and expiration dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that:
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The payment information you provide is accurate and complete.
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You are authorized to use the payment method provided.
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Charges incurred by you will be honored by your payment provider.
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You will pay all charges incurred at the posted prices, including applicable shipping charges and taxes.
SECTION 5 - SHIPPING AND DELIVERY
Shipping and delivery times are estimates only and are not guaranteed.
MerchCrafted is not responsible for delays caused by shipping carriers, customs processing, weather, natural disasters, incorrect shipping information, or other circumstances outside our reasonable control.
Once an order has been transferred to the shipping carrier, delivery is subject to the carrier's handling and delivery procedures.
Customers are responsible for providing accurate shipping information when placing an order.
For additional information, please review our Shipping Policy.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, brand names, text, displays, images, graphics, product reviews, videos, audio, designs, product descriptions, and the selection and arrangement of such materials, are owned by MerchCrafted, its affiliates, or its licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only.
You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit materials available through our Services without our prior written consent.
Except as expressly provided in these Terms, nothing grants you any license or other rights under any patent, trademark, copyright, or other intellectual property rights belonging to MerchCrafted, Shopify, or any third party.
Unauthorized use of the Services or their content may violate applicable intellectual property laws.
All rights not expressly granted under these Terms are reserved by MerchCrafted.
MerchCrafted's names, logos, product names, service names, designs, and slogans are trademarks of MerchCrafted or its licensors where applicable. You may not use these trademarks without prior written permission.
Shopify's trademarks remain the property of Shopify. All other names, logos, product names, service names, designs, and slogans appearing on the Services belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools as part of the Services.
Such tools may be provided by third parties that we do not monitor and over which we have no control or input.
You acknowledge and agree that such tools are provided “as is” and “as available”, without warranties, representations, or conditions of any kind and without endorsement by MerchCrafted.
MerchCrafted shall not be liable for any issues, damages, or losses arising from or relating to your use of optional third-party tools.
Your use of any third-party tools is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms under which such tools are provided by the relevant third-party provider.
We may introduce new features, tools, and resources through the Services in the future. Such features will also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our Services may contain materials and links to websites or services operated by third parties.
We are not responsible for examining or evaluating the content, accuracy, security, or practices of third-party websites or materials.
If you choose to access third-party websites through links provided on our Services, you do so at your own risk.
MerchCrafted is not liable for any loss, damage, or harm arising from your access to or use of third-party websites, products, services, resources, or content.
Please review the third party's policies and terms carefully before engaging in any transaction.
Questions, claims, or concerns regarding third-party products or services should be directed to the applicable third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
MerchCrafted is powered by Shopify, which enables us to provide the Services to you.
However, purchases and sales made through our store are transactions directly between you and MerchCrafted.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and MerchCrafted, including any injury, damage, loss, or issue resulting from products or services purchased through our store.
To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or relating to your purchases and transactions with MerchCrafted.
SECTION 10 - PRIVACY POLICY
All personal information collected through our Services is subject to our Privacy Policy.
Certain personal information may also be subject to Shopify's privacy practices because our Services are hosted and supported by Shopify.
By using our Services, you acknowledge that you have reviewed our Privacy Policy and understand how your information may be collected, used, processed, and disclosed.
Shopify may collect and process information relating to your access to and use of our store in order to provide and improve its services.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant MerchCrafted a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any lawful purpose, including commercial purposes.
We may use this license to operate, provide, evaluate, improve, and promote our Services and to perform our obligations and exercise our rights under these Terms.
You represent and warrant that:
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You own or have all necessary rights to the Feedback you submit.
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You have disclosed any compensation or incentives received in connection with your submission.
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Your Feedback complies with these Terms and applicable laws.
We are not obligated to maintain your Feedback in confidence, provide compensation for it, or respond to it.
We may monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, infringing, or otherwise objectionable.
You agree that your Feedback will not violate the rights of any third party or contain unlawful, abusive, defamatory, obscene, malicious, or harmful material.
You are solely responsible for any Feedback you submit and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.
We reserve the right to correct errors, inaccuracies, or omissions and to update or change information at any time without prior notice.
We also reserve the right to cancel orders if information relating to an order is found to be inaccurate, including after an order has been submitted.
SECTION 13 - PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services:
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For any unlawful, fraudulent, malicious, or unauthorized purpose.
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To violate applicable laws, regulations, or ordinances.
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To infringe or violate our intellectual property rights or the rights of others.
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To harass, abuse, threaten, defame, intimidate, or harm others.
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To submit false or misleading information.
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To transmit or distribute unlawful or harmful material.
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To send spam, unsolicited advertising, or other unauthorized promotional communications.
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To impersonate another person or entity.
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To interfere with another person's use or enjoyment of the Services.
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To engage in conduct that may harm MerchCrafted, Shopify, our customers, or other users.
You also agree not to:
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Upload or transmit viruses, malware, or other malicious code.
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Reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services without authorization.
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Collect or track personal information belonging to others without authorization.
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Spam, phish, pharm, or use deceptive practices against the Services or our users.
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Use robots, spiders, scrapers, automated data collection tools, AI agents, or similar automated or manual processes to access or extract information from the Services in violation of our policies or technical restrictions.
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Interfere with, bypass, or circumvent security measures, authorization systems, robot exclusion headers, or other measures used to control access to the Services.
We reserve the right to suspend, disable, or terminate accounts or access to the Services if we determine that these Terms have been violated.
SECTION 14 - AGENTS
This section applies if you use, allow, enable, or cause the deployment of an automated or autonomous software agent to access, use, or interact with our Services.
An “Agent” means software or a service that takes autonomous or semi-autonomous actions on behalf of or at the direction of a person or entity.
No Agent may access, use, or interact with our Services if we have requested that it refrain from doing so.
We may limit, including through technical measures, whether and how an Agent accesses, uses, or interacts with our Services.
Agents must:
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Clearly identify themselves as Agents in HTTP/HTTPS requests.
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Not conceal or disguise automated access as human activity.
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Not circumvent CAPTCHAs or other measures designed to distinguish automated access from human users.
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Respond truthfully when asked whether an interaction is being performed by a human or computer.
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Not circumvent measures intended to block, limit, modify, or control Agent access.
SECTION 15 - TERMINATION
We may terminate these Terms or suspend or terminate your access to the Services, or any portion thereof, at our discretion and where permitted by applicable law.
You remain responsible for any amounts owed up to and including the date of termination.
The following sections will survive termination where applicable:
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Intellectual Property
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Feedback
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Termination
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Disclaimer of Warranties
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Limitation of Liability
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Indemnification
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Severability
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Waiver and Entire Agreement
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Assignment
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Governing Law
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Privacy Policy
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Any other provisions that by their nature should survive termination
SECTION 16 - DISCLAIMER OF WARRANTIES
The information provided through the Services is made available for general informational purposes.
We do not warrant that the information is accurate, complete, current, or useful in every circumstance.
Your reliance on information provided through the Services is at your own risk.
Except as expressly stated by MerchCrafted, the Services and all products offered through the Services are provided “AS IS” and “AS AVAILABLE”, to the fullest extent permitted by applicable law.
We disclaim all express or implied warranties and conditions, including warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement, except where such disclaimers are not permitted by applicable law.
We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.
Some jurisdictions do not allow limitations or exclusions of certain warranties, so some of the above limitations may not apply to you.
SECTION 17 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, MerchCrafted, its partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates will not be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages arising from or relating to your use of the Services or products purchased through the Services.
This includes, without limitation, loss of profits, revenue, savings, data, replacement costs, or similar damages.
This limitation applies regardless of whether the claim is based on contract, tort, negligence, strict liability, or another legal theory, and regardless of whether we were advised of the possibility of such damages.
Some jurisdictions do not allow limitations of liability for certain types of damages, so some limitations may not apply to you.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless MerchCrafted, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, claims, and reasonable attorneys' fees arising from or related to:
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Your breach of these Terms of Service or any incorporated policies.
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Your violation of applicable law or the rights of a third party.
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Your access to or use of the Services.
We will provide notice of an indemnifiable claim where reasonably practicable.
We may control the defense and settlement of such claims at your expense, including the selection of legal counsel.
You agree to cooperate reasonably in the defense of indemnified claims.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will nevertheless be enforced to the fullest extent permitted by applicable law.
The unenforceable portion will be treated as severed from these Terms, and the determination will not affect the validity or enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms of Service, together with the policies and operating rules posted on our website, constitute the entire agreement between you and MerchCrafted regarding your use of the Services.
They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written.
Any ambiguity in the interpretation of these Terms will not automatically be construed against the party responsible for drafting them.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer, or assign these Terms or any of your rights or obligations under them without our prior written consent.
Any attempted assignment that violates this provision will be void.
MerchCrafted may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice where permitted by applicable law.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services will be governed by and construed in accordance with the applicable federal and state laws of the jurisdiction where MerchCrafted is headquartered, without regard to conflict-of-law principles.
You and MerchCrafted consent to the applicable courts in that jurisdiction having venue and personal jurisdiction, to the extent permitted by law.
SECTION 23 - HEADINGS
The headings used in these Terms are provided for convenience only and will not limit, interpret, or otherwise affect the meaning or scope of any provision.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our discretion, to update, change, or replace any part of these Terms by posting revisions to our website.
It is your responsibility to check this page periodically for changes.
Where required by applicable law, we will provide notice of material changes and specify when those changes become effective.
Your continued use of or access to the Services after revised Terms are posted constitutes acceptance of those changes, to the extent permitted by applicable law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to us at:
MerchCrafted
Business Address:
4613 Mimi Dr, APT D
Indianapolis, IN 46237-1769
United States
Email: merchcraftedstudio@gmail.com
Phone: +1 (307) 316-5399
Business Hours:
Monday – Friday
9:00 AM – 5:00 PM (EST)