1. INFORMATION ABOUT US
1.1 These Terms and Conditions of Sale apply to products ordered through the MerchandAise platform, which is operated by MerchandAise, a Swiss limited liability company registered under CH-320.4.068.832-7 with its registered office at Fortunastrasse 5, 9437 Marbach, Switzerland.
1.2 For sales inquiries, complaints, or delivery issues, please contact us at sales@merchandaise.com or +41 71 723 12 18.
1.3 If we need to contact you regarding your order or these Terms, we will do so by email or, if necessary, by post to the address you provided with the order.
2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
2.1 By placing an order through our website, you confirm that your purchase is being made from MerchandAise via MerchandAise.
2.2 Our checkout process allows you to review products, customisation details, quantities, delivery information, and pricing before you submit the order. It is your responsibility to check the order carefully before making payment.
2.3 After you place an order, we will send an acknowledgement email. This acknowledgement confirms receipt only and does not indicate that we have accepted your order.
2.4 A binding contract is formed only when we send you an order confirmation or dispatch confirmation, whichever occurs first.
2.5 If we cannot accept or fulfil your order, including due to stock limits, pricing errors, production constraints, or suspected fraud, we will notify you and refund any payment already collected for the unavailable portion without undue delay.
3. CUSTOMISED PRODUCTS
3.1 MerchandAise specialises in custom-made products produced to your artwork, sizing, colour, print, embroidery, or configuration requirements. Because these goods are made to your specifications, they are non-cancellable and non-returnable once production starts, except where the product is faulty, damaged in transit, or materially different from the approved specification.
3.2 You are responsible for ensuring that submitted artwork, text, logos, and specifications are accurate, lawful, and cleared for use. We are not responsible for errors that result from the materials or instructions you provide.
4. PRICE AND PAYMENT
4.1 The price payable for the products is the price shown at checkout when you submit your order, along with any applicable taxes, duties, shipping charges, or service fees displayed before payment.
4.2 Prices may change before you place an order, but any price changes will not affect an order that has already been confirmed.
4.3 Unless stated otherwise, prices are shown exclusive of import duties, local taxes, or customs charges that may apply outside Switzerland or the EU destination specified at checkout.
4.4 Delivery charges and any optional service fees are displayed separately during checkout and become part of the total price once you confirm the order.
4.5 Payment must be made using the payment methods available at checkout. We may authorise or capture payment when you place the order, and we will not dispatch products until the necessary payment checks are complete.
5. DELIVERY
5.1 Your order confirmation or dispatch confirmation will include the delivery method and any tracking information provided by the carrier.
5.2 Delivery is complete when the products are delivered to the address you provided or, where collection is agreed, when the products are made available for collection.
5.3 If no one is available to receive the shipment, the carrier may leave a delivery notice or redirect the parcel according to its service rules. Additional redelivery or storage charges resulting from failed delivery attempts may be passed on to you where permitted by law.
5.4 Delivery dates are estimates unless we expressly agree otherwise. We are not liable for delays caused by customs, carriers, force majeure events, or inaccurate delivery information provided by you.
6. RETURNS AND REFUNDS
6.1 Customised products cannot be returned or refunded for convenience, change of mind, or incorrect specifications provided by you once production has commenced.
6.2 If a product arrives faulty, damaged, or materially different from the approved order, contact sales@merchandaise.com within 14 days of delivery with order details and supporting evidence. After review, we will repair, replace, or refund the affected item as required by law.
6.3 Any approved return must follow the instructions provided by our customer service team. Products should not be returned without authorisation, and we may refuse reimbursement for unauthorised or incomplete returns.
7. WARRANTY AND LIABILITY
7.1 We warrant that the products will materially match the confirmed order specification at delivery and will be free from material defects for 12 months from delivery, subject to the limits below.
7.2 This warranty does not cover normal wear and tear, misuse, negligent handling, improper storage, unauthorised modification, or failure to follow product-care instructions.
7.3 We are not responsible for defects arising from artwork, measurements, text, or other materials supplied or approved by you.
7.4 Nothing in these Terms limits liability that cannot be excluded under applicable law, including liability for fraud, fraudulent misrepresentation, or death or personal injury caused by negligence.
7.5 Subject to mandatory law, we are not liable for indirect, incidental, special, or consequential losses, including loss of profit, business interruption, or loss of reputation arising from your order or use of the products.
7.6 Our total liability for any claim arising under these Terms is limited to the amount paid for the affected order, except where a higher amount is required by mandatory law.
8. EVENTS BEYOND OUR CONTROL
8.1 We are not liable for any failure or delay in fulfilling our obligations where that failure or delay results from an event beyond our reasonable control.
8.2 Events beyond our control include strikes, supply chain disruptions, transport delays, customs holds, war, terrorism, epidemic or pandemic events, natural disasters, network failures, and other events that render performance commercially impracticable despite reasonable mitigation efforts.
9. GOVERNING LAW AND JURISDICTION
9.1 These Terms and any contract formed under them are governed by Swiss law, without prejudice to any mandatory consumer protections that may apply in your country of residence.
9.2 The courts of Zurich, Switzerland have exclusive jurisdiction over disputes arising under these Terms, except where mandatory law grants consumers the right to bring claims in another court.
10. MISCELLANEOUS
10.1 We may transfer or assign our rights and obligations under these Terms as part of a corporate reorganisation, sale, or transfer of the business, provided this does not diminish your mandatory legal rights.
10.2 You may not transfer your rights or obligations under these Terms without our prior written consent.
10.3 These Terms apply only to the contract between you and us. No third party has any right to enforce any part of them unless mandatory law states otherwise.
10.4 If any provision is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
10.5 If we delay in enforcing any right under these Terms, that delay does not waive our right to enforce it later.