terms of service

introduction

this website, located at www.merchagain.com, is operated by merch again ("merch again," "we," "us," or "our"). these terms of service ("terms") govern your access to and use of the website and any related online, digital, or mobile services, content, and features provided by merch again (collectively, the "service").

please read these terms carefully. these terms contain important information regarding your legal rights, and obligations, as well as conditions, limitations, and exclusions that might apply to you.

by accessing or using the service, including by browsing the website or placing an order, you acknowledge that you have read, understand, and agree to be bound by these terms and our privacy policy, which is incorporated by reference. if you do not agree, do not use the service.

eligibility and use of the service

you may not use the service or place an order if you (a) do not agree to these terms, (b) are under 18 years of age, or (c) are prohibited from accessing or using the service under applicable law.

by using the service, you represent and warrant that you are purchasing products for personal or household use only, and not for resale, redistribution, or export.

if you access or place an order on behalf of an entity, you represent that you have authority to bind that entity to these terms.

changes to terms

we reserve the right to modify these terms at any time. material changes will be effective fifteen (15) days after posting notice of such changes to the website or sending notice to your email address on file. your continued use of the service after the notice period constitutes acceptance of the revised terms. it is your responsibility to review these terms regularly.

description of the service

the service provides an online platform through which users may browse, purchase, and receive merchandise products, access customer support, and receive communications related to orders, promotions, and updates.

all products are made-to-order and printed by our fulfillment partners. we reserve the right to modify, suspend, or discontinue any aspect of the service, including product offerings, pricing, availability, or features, at any time and without notice.

products, availability, and accuracy

certain products may be available in limited quantities. all product descriptions, images, and pricing are subject to change at any time without notice. we do not guarantee that product images or colors displayed on your device are accurate. product colors may vary slightly due to screen differences and printing processes.

we reserve the right to limit the sale of products to any person, geographic region, or jurisdiction, and to discontinue any product at any time.

order acceptance, pricing, and payment

your order constitutes an offer to purchase products under these terms. all orders are subject to our acceptance, and we may refuse or cancel any order at our discretion, including due to suspected fraud, unauthorized activity, pricing errors, or product availability.

prices are listed in usd and are subject to change without notice. in the event of pricing errors, we reserve the right to cancel affected orders.

by submitting payment information, you authorize us and our third-party payment processors (stripe) to charge the full amount of your order, including all applicable taxes and shipping. you represent that all payment information is accurate and that you are authorized to use the payment method provided.

shipping, risk of loss, and delivery

we will arrange shipment of products to the address provided at checkout. orders are typically processed within 2-5 business days. shipping times vary by location:

• us: 5-10 business days
• international: 10-20 business days

shipping and delivery dates are estimates only and are not guaranteed. title and risk of loss pass to you upon your receipt of the products. we are not responsible for delays caused by shipping carriers.

however, if products are lost or damaged in transit before delivery to you, we will work with you to resolve the issue, which may include replacement or refund at our discretion.

returns and refunds

because products are made-to-order, all sales are final except where required by applicable law. we do not accept returns or exchanges for products that have been shipped, except for defective products or as otherwise required by law.

we will gladly replace or refund items that:

• arrive damaged or defective
• are significantly different from what was ordered
• are lost in transit

if you receive a defective product, please contact us at support@merchagain.com within thirty (30) days of receipt with photos of any issues for a replacement or refund.

chargebacks and fraud prevention

we reserve the right to investigate and dispute any chargebacks or claims of unauthorized transactions.

fraudulent, abusive, or bad-faith chargebacks constitute a material breach of these terms and may result in permanent restriction from the service, order refusal, and legal action to recover losses, costs of goods, collection costs, and attorneys' fees.

communications (email and sms)

by providing your email address or phone number, you consent to receive transactional communications related to your orders. you may separately opt-in to receive marketing communications. message and data rates may apply. consent to receive marketing messages is not a condition of purchase.

you may revoke consent and opt-out of marketing communications at any time by following in-message unsubscribe links or by contacting us at support@merchagain.com.

intellectual property

all content, designs, logos, trademarks, text, graphics, images, and other materials on the service are owned by or licensed to merch again and are protected by intellectual property laws.

you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the service for personal, non-commercial purposes only. any unauthorized use is strictly prohibited and may result in legal action.

personal information

your submission of personal information through the service is governed by our privacy policy.

prohibited uses

you agree not to use the service to: (a) violate any law or regulation; (b) infringe intellectual property rights or privacy rights; (c) scrape, crawl, or use automated tools to access the service; (d) introduce malware or interfere with security features; or (e) engage in abusive, fraudulent, or deceptive conduct.

we reserve the right to suspend or terminate access for violations.

third-party services and links

the service may rely on or include links to third-party services (including payment processors, carriers, analytics, and advertising tools). we disclaim all liability arising from third-party services, including outages, errors, or data issues to the extent permitted by law. more information related to our third-party services is described in our privacy policy.

disclaimers

the service and all products are provided "as is" and "as available," without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.

we do not guarantee uninterrupted, error-free, or secure operation.

some jurisdictions do not allow certain disclaimers, so portions of this section may not apply to you.

limitation of liability

to the maximum extent permitted by law, merch again shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or relating to the service or products. this limitation does not apply to damages arising from defective products or personal injury caused by merch again's gross negligence, fraud, or willful misconduct.

except as prohibited by law, merch again's total liability for claims relating to the service (excluding product defects, personal injury, or violations of law) shall not exceed the amount you paid for the order giving rise to the claim in the twelve (12) months preceding the claim.

indemnification

you agree to indemnify, defend, and hold harmless merch again and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your violation of these terms, misuse of the service, or violation of law.

dispute resolution

before initiating any legal proceeding, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these terms, the service, or any products sold by merch again by contacting us at support@merchagain.com with a written description of the dispute and your contact information.

if the dispute is not resolved within thirty (30) days after receipt of your notice, either party may pursue legal remedies.

governing law

these terms are governed by the laws of the state of new york, without regard to conflict-of-law rules.

force majeure

we shall not be liable for failure or delay due to events beyond our reasonable control, including acts of god, war, terrorism, pandemics, labor disputes, carrier failures, or governmental actions.

severability

if any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms; such determination shall not affect the validity and enforceability of any other remaining provisions.

termination

the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these terms for all purposes. these terms are effective unless and until terminated by us. if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms, we may terminate these terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our service (or any part thereof).

waiver and entire agreement

the failure of us to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. these terms and any policies or operating rules posted by us on the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms). any ambiguities in the interpretation of these terms shall not be construed in favor of the drafting party.

contact information

to ask questions or comment about this service or these terms, contact us by email at support@merchagain.com.