MerchDirect Terms and Conditions

Terms of Use | Terms of Sale

These are the terms and conditions on which we supply products to you, how you can purchase digital content or access the services of our website. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products or digital content to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms please contact us to discuss.

Information about us and how to contact us

We are Merch Direct International Limited a company registered in England and Wales. Our company registration number is 11232492 and our registered office is at One Eleven, Edmund Street, Birmingham, B3 2HJ. We trade under the name Merch Direct and operate the website at www.merchdirect.co.uk.

How to contact us

You can contact us by emailing our customer service team at help@merchdirect.co.uk or by writing to us at One Eleven, Edmund Street, Birmingham, B3 2HJ.

How we may contact you

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

"Writing" includes emails

When we use the words "writing" or "written" in these terms, this includes emails.


Terms of Sale

Our contract with you

How we will accept your order

Shortly after you complete your order, you should receive an order confirmation by e-mail, which will include your order confirmation number, your total order price (including any applicable sales tax and shipping and handling charges) and, if applicable, estimated shipment and arrival dates. Your receipt of an order confirmation does not constitute our acceptance of your order.

Our acceptance of your order will take place when we notify you that we have safely received your order, at which point a contract will come into existence between you and us.

Please note that some products may have special returns policies with product-specific terms, including items purchased from third-parties through the website. All such additional or different product-specific terms will be displayed prior to completion of your order for the applicable product(s).

Advance orders

Advanced pre-release ordering may be available for select products. These products have an “Advance Order” or “Pre-Order” icon or are otherwise identified as products available for pre-release ordering. These products will not be delivered before the release date specified. Advance order release dates are subject to change without notice. Occasionally, certain products offered on a pre-order basis may not be available before or after you place your order due to unforeseen circumstances. In such event, you will be given a full refund for any such pre-ordered product.

If we cannot accept your order

If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.


Our products

Products may vary slightly from their pictures

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours and sizes accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour and sizes of the products. Your product may vary slightly from those images.

Product packaging may vary

The packaging of the product may vary from that shown in images on our website.

Making sure your customisations are accurate

If we are making the product to measurements or your design including print-on-demand products, you are responsible for ensuring that they are correct.

Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see your rights to end the contract).


Our rights to make changes

Minor changes to the products

We may change the product:

Updates to digital content

We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it.


Providing the products

Delivery costs

The estimated costs of delivery will be as displayed to you in our order confirmation.

When we will provide the products

During the order process we will let you know the estimated delivery date when we will provide the products to you. If the product is a one-off purchase of digital content, we will make the digital content available for download by you as soon as we accept your order.

We are not responsible for delays outside our control

If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

If you are not at home when the product is delivered

If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our nominated carrier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

If you do not re-arrange delivery

If you do not collect the products from our nominated carrier as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot our nominated carrier will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite their reasonable efforts, we are unable to contact you or re-arrange delivery or collection and we receive the products back at our warehouse, we may end the contract and "you must compensate us if you break the contract".

When you become responsible for the goods

A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.

What will happen if you do not give required information to us

We may need certain information from you so that we can supply the products to you, for example, your address and a contact telephone number. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause "you must compensate us if you break the contract" will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

Reasons we may suspend the supply of products to you

We may have to suspend the supply of a product to:

Your rights if we suspend the supply of products

We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than one month and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.


Your rights to end the contract

You can always end your contract with us

Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

Ending the contract because of something we have done or are going to do

If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

Exercising your right to change your mind (Consumer Contracts Regulations 2013)

For most products bought online you have a legal right to change your mind within 14 days and receive a refund.

When you don't have the right to change your mind

You do not have a right to change your mind in respect of:

How long do I have to change my mind?

You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receive the last delivery to change your mind about the goods.

If you have bought digital content, you have 14 days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.

Ending the contract where we are not at fault and there is no right to change your mind

Even if we are not at fault and you do not have a right to change your mind (see you can always end your contract with us), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods or digital content is completed when the product is delivered, downloaded or streamed and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products or digital content not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.


How to end the contract with us (including if you have changed your mind)

Tell us you want to end the contract

To end the contract with us, please let us know by doing one of the following:

Gifts

If you are returning any products that have been purchased as a gift, the gift recipient may return the items in accordance with these terms. Any refunds will be credited to the credit card account originally charged for the cost of the item returned.

Returning products after ending the contract

If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us and can find further details at return-policy. You are responsible for ensuring that they are packaging in appropriate material. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

When we will pay the costs of return

We will pay the costs of return:

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

How we will refund you

We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

When your refund will be made

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:


Our rights to end the contract

We may end the contract if you break it

We may end the contract for a product at any time by writing to you if:

You must compensate us if you break the contract

If we end the contract in the situations set out in clause "we may end the contract if you break it" we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

We may withdraw the product

We may write to you to let you know that we are going to stop providing the product. We will let you know as soon as reasonably possible in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.


If there is a problem with the product

How to tell us about problems

If you have any questions or complaints about the product, please contact us. You can email our customer service team at help@merchdirect.co.uk or write to us at One Eleven, Edmund Street, Birmingham, B3 2HJ.


Price and payment

Where to find the price for the product

The price of the product or digital content (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product or digital content advised to you is correct. However please see what happens if we got the price wrong for what happens if we discover an error in the price of the product or digital content you order.

We will pass on changes in the rate of VAT

If the rate of VAT changes between your order date and the date we supply the product or digital content, we will adjust the rate of VAT that you pay, unless you have already paid for the digital content or product in full before the change in the rate of VAT takes effect.

What happens if we got the price wrong

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. [If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods or digital content provided to you.

When you must pay and how you must pay

We accept payment with MasterCard, Visa and American Express credit cards. Your credit card will be charged when your order is placed. We may require the credit card security code in order to process your purchases to protect against fraud. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express) or near your signature on the back of your card (if MasterCard or Visa).

Security

Merch Direct is very sensitive to your concerns regarding the security of using your credit cards to purchase products over the Internet. Safeguarding your privacy and confidentiality is of the utmost importance to us. The Store uses Secure Sockets Layer (SSL) for financial transactions, which encrypts your data while it is being transferred over the Internet.

What to do if you think an invoice is wrong

If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.


Terms of Use

Children

This website is not directed toward children under 13 years of age nor does we knowingly collect information from children under 13. If you are under 13, please do not use this website.

We may make changes to our website

We may update and change our website from time to time to reflect changes to our products, our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our website

Our site is made available free of charge.

We do not guarantee that our website, or any content on it, will always be available or be uninterrupted.

We may suspend or withdraw or restrict the availability of all or any part of our website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at help@merchdirect.co.uk


User Content

Merch Direct does not claim any ownership rights in any works of authorship, images, photos, sounds, musical works, video, files, documents, applications, or any other materials that you submit to the website (“User Content”). After directly sending (“submitting”) your User Content to the website, you continue to retain any ownership rights that you may have in your User Content, subject to the limited license below. By submitting any User Content on or through the website, you hereby grant to us a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such User Content on or through the website, including without limitation distributing part or all of the website in any media formats and through any media channels solely for the purposes set forth in these terms.

The license you grant to us is non-exclusive (meaning you are free to license User Content to anyone else), fully-paid and royalty-free (meaning that us is not required to pay you for the use on the website of the User Content that you post), sublicensable (so that we are able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the website’s services), perpetual and worldwide (because the Internet and the website’s services are global in reach).

You confirm that: (i) you own the User Content submitted by you on or through the website or otherwise have the right to grant the license set forth in this paragraph 17, and (ii) submission of User Content on or through the website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any User Content submitted by you on or through the website.

We may reject, refuse to post or delete any User Content for any or no reason, including User Content that in our the sole judgment violates these terms or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. We assume no responsibility for monitoring the website for inappropriate User Content or conduct. If at any time we choose, in our sole discretion, to monitor the website, we nonetheless assumes no responsibility for User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the user submitting any such User Content.


You are solely responsible for the User Content that you submit to the website.

The following are examples of the kind of content that is illegal or prohibited to submit to the website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the website and terminating the account of such violators. Prohibited content includes, but is not limited to, content that, in our sole discretion:

The following are examples of the kind of activity that is illegal or prohibited on the Website. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:


Copyright Infringement

Merch Direct has a policy of responding to notices of alleged infringement on the Website that comply with the Digital Millennium Copyright Act (DMCA), which may include removing material claimed to be the subject of infringing activity. If Merch Direct removes material to comply with the DMCA (“Removed Content”), we will attempt to contact the provider of such Removed Content to enable them to make a counter notification pursuant to sections 512(g)(2) and (3) of that DMCA. Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. We will terminate the accounts of any users and/or block access to the Website of any users who repeatedly infringe the copyrights of others.

Digital Millennium Copyright Act (DMCA) - Infringement Notification

To file a notice of infringement, you must provide us with a written notice that includes each of the following items:


Your signature
Send the Infringement Notification to the following address:
By email:
legal@merchdirect.co.uk

By mail: Merch Direct
54 Drexel Dr.
Bay Shore, NY 11706

Digital Millennium Copyright Act (DMCA) - Counter Notification

The provider of Removed Content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we will reinstate the Removed Content. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others.

To file a counter notification, you must provide us with a written notice that includes each of the following items:


Your signature.
Send the Counter Notification to the following address:
By email:
legal@merchdirect.co.uk

By mail:
Merch Direct
54 Drexel Dr.
Bay Shore, NY 11706

Foreign Counter-Notification: If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers. So, if you are not sure whether content you posted on the Website is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of New York. If you do wish to file a counter-notice, you should follow the process set forth above under the heading “Digital Millennium Copyright Act (DMCA) - Counter Notification.”

If you are the owner of any intellectual property other than copyrighted materials (such as, for example, a trademark), or an agent thereof, and believe that any item of content or other materials on the Website infringes upon your rights in such intellectually property, you must submit a notification to us in the same manner as provided above in respect of notice of alleged copyright infringement, including providing the same information in writing to the designated Copyright Agent set forth above.

How you may use material on our website

We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our website must always be acknowledged.

You must not use any part of the content on our website for commercial purposes without obtaining a licence to do so from us or our licensor.

If you print off, copy or download any part of our website in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.


Do not rely on information on this website

The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date.

We are not responsible for websites we link to

Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.


We are not responsible for viruses and you must not introduce them

We do not guarantee that our website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our website. You should use your own virus protection software.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our site. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.


Rules about linking to our website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our website in any website that is not owned by you.

Our site must not be framed on any other website, nor may you create a link to any part of our website other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our terms.

If you wish to link to or make any use of content on our website other than that set out above, please contact help@merchdirect.co.uk


General

Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us.

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products and for defective products under the Consumer Protection Act 1987

When we are liable for damage caused by defective digital content.

If defective digital content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation.

We are not liable for business losses.

We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

How we may use your personal information

We will only use your personal information as set out in our privacy policy.

Other important terms

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

Nobody else has any rights under this contract (except someone you pass your guarantee on to)

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing this contract, we can still enforce it later

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

Terms of Use | Terms of Sale