Welcome to Blackmerch.co’s Terms of Service!
YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THIS AGREEMENT. FURTHERMORE, BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THE SITE, YOU ACCEPT AND ARE BOUND BY THIS AGREEMENT. If you do not agree to this Agreement, do not use the Site or Services.
Subject to the terms and conditions of this Agreement, the Service is provided solely for User’s own personal use, and not for the use or benefit of any third party. Blackmerch.co may change, suspend or discontinue the Services, products (“Products”), fees, charges, at any time, including the availability of any feature, or content. Blackmerch.co may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability. User certifies to Blackmerch.co that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
Blackmerch.co reserves the right, at its discretion, to modify this Agreement at any time. All such modifications will become effective immediately after Blackmerch.co post them on the Site. You shall be responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User’s acceptance of the terms and conditions of this User Agreement as modified. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services.
PAYMENTS AND FEES
Blackmerch.co currently accepts PayPal and following credit cards at this time: American Express, VISA, MasterCard, and Discover.
When you purchase a Product, or use a Service that has a fee, you will be charged then current fees, which we may change from time to time. Changes to our fees are effective after we post them on the Site. We may choose to temporarily change the fees for our services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site. The sale will be submitted for processing as soon as you click on the “confirm” button. You will then receive an e-mail from us.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment.
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. User is responsible for paying all fees, payments, duties and applicable taxes associated with our Site and Services. After receiving your order you will receive an e-mail from us confirming the details, description and price for the Products ordered. Payment of the total price plus delivery must be made in full before dispatch of your Products.
User is responsible for all taxes (if and as applicable).
SHIPPING AND RETURN
Purchases are subject to Blackmerch.co Shipping and Return Policy.
DESCRIPTION OF PRODUCTS
Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific design page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging and any Service associated at any time, without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design. We use our best efforts to provide you with the best images and description, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
Sometimes during the manufacturing process Products can be damaged. Obviously we won’t knowingly ship damaged items to you, but these damaged items can still be used for charitable purposes. Blackmerch.co reserve the right to donate all damaged items with full or partial designs to charity and you hereby waive your right to collect royalties or other fees regarding damaged Products that are donated.
PURCHASE OF PRODUCTS
Your order is purchase of a Product for which you have paid the applicable fee and/or other charges that we have accepted and received. Any Products on the same order which we have not confirmed in an order confirmation e-mail do not form part of that contract.
Blackmerch.co shall under no circumstances be held liable for any special losses due to specific circumstances of the customer, indirect or consequential losses or wasted expenditure. Orders are placed and received exclusively via the Site. Before ordering from us, it is User’s responsibility to check and determine full ability to receive the Products. Correct address and postcode/zip code, up-to-date telephone number and e-mail address are absolutely necessary to ensure successful delivery of your Products. All information asked on the checkout page must be filled in precisely and accurately. Blackmerch.co will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, notify change in a phone number or any other special requirements, please contact Blackmerch.co via e-mail.
We deliver to most places in the world. Delivery prices may vary depending on delivery location, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Standard delivery charges are shown on our checkout page; however we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address. Delivery lead time may vary however we aim to supply products within the U.S. within 10 working days of acceptance of order. Products supplied outside the U.S. will normally be delivered within 20 working days of acceptance of order. We can not guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for products that are delivered after the estimated delivery date. This is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make delivery of your product as simple for you as possible. Depending on the location for the delivery, different carriers and services might be used to deliver your order, but all will be well vetted and of proven reliability.
To the fullest extent permitted by law you release us and all other Blackmerch.co parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys’ fees, and other expenses incurred or suffered by any Blackmerch.co party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by Blackmerch.co (or for which Blackmerch.co provides no guarantees) under this Agreement, or (b) for which Blackmerch.co is otherwise indemnified or released by you under this Agreement. You agree that Blackmerch.co has no control over and does not guarantee the delivery of the advertised collaborations and that Blackmerch.co shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
The name “Blackmerch.co”, our iconography, phrases, logos, and designs that we use in connection with the Products or Services we provide are trademarks, service marks, or trade dress of Blackmerch.co in the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion. If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trade mark to us. You must not use any of our trademarks in or as the whole or part of your own trade marks; in connection with activities, Products or Services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this Site).
To the fullest extent permitted by law you you will indemnify, defend and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
LAW AND JURISDICTION
If a dispute arises between you and Blackmerch.co, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. This Agreement, and all disputes and claims arising out of or in connection with this Agreement or its subject matter or formation including non-contractual disputes and claims, are governed by the laws of the State of North Carolina, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live or are located but if you are an User living in the European Economic Area or Switzerland the laws of the Republic of Latvia will apply to any dispute arising out of or relating to this Agreement. Notwithstanding the aforementioned, nothing in this Agreement, including the aforementioned choice of law provision, affects your rights as an User living in the European Economic Area or Switzerland to rely on any mandatory provisions of the law of the country in which you are resident.
For Users in the European Union: Alternatively, you can contact the consumer center in your country or you can decide to access the platform for alternative extra-judicial resolution of disputes provided by the European Commission.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND Blackmerch.co KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY AND ALL DISPUTES (AS DEFINED ABOVE). THIS JURY TRIAL WAIVER IS INTENTIONALLY MADE AS YOU AND Blackmerch.co WOULD PREFER TO RESOLVE ALL DISPUTES AS PROVIDED BY THIS SECTION. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU AND Blackmerch.co KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND ABSOLUTELY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such sections. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
Blackmerch.co reserve the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. If you are a User in the European Economic Area and such transfer or assignment may reduce your guarantees under this Agreement, then Blackmerch.co will ask for your permission beforehand.