{"pageKey":"Terms_of_Sales","slug":"termsofsales","locale":"en-GB","localeResolved":"en-GB","fallbackApplied":false,"version":"termsofsales@2026-09-17T00:00:00.000Z","lastModified":"2026-09-17T00:00:00.000Z","canonicalUrl":"https://www.merchandaise.com/en-gb/termsofsales","payload":{"slug":"termsofsales","purpose":"llm-terms-of-sales","title":"Terms and Conditions of Sale","description":"The terms for buying supported merchandise from Hutter Products GmbH: buyer eligibility, confirmed quotes, artwork and sample approvals, payment, delivery, customs, and your remedies if something goes wrong.","sections":[{"heading":"At a Glance","paragraphs":["The terms for buying supported merchandise from Hutter Products GmbH: buyer eligibility, confirmed quotes, artwork and sample approvals, payment, delivery, customs, and your remedies if something goes wrong.","Effective date: September 17, 2026","Contract version: 2026-09-17.en-us.v1. Status: Website revision; order eligibility remains subject to approval.","An English or regional website address selects language content. It does not establish that an order, destination, or consumer sales path is available.","The quick answers help you navigate these Terms. The detailed terms, accepted quote, and applicable order documents govern your order. Publication does not activate an unsupported order path or change an existing contract."],"items":[{"title":"2. Quotes, contract formation, and changes","description":"2.1 Catalog entries, rendered previews, AI conversations, indicative prices, and draft quotes are invitations to request an order, not binding offers. Under our current quote-first process, our team confirms the final scope and payable total before sending a secure payment link. An immediate estimate is not a confirmed payable amount. A quote is binding only if it expressly says so and states its validity and acceptance conditions."},{"title":"3. Design rights, proofs, and production samples","description":"3.1 Personalized goods apply your design to a supported product. Structural customization, such as changing a cut, component, mold, or dimensions, is supplied only where expressly accepted in a separate specification. Examples and design concepts do not promise that a product can currently be manufactured or sold."},{"title":"4. Prices, payment, and import charges","description":"4.1 The accepted quote identifies the currency, product price, sample or setup charges, shipping, applicable taxes collected by us, and any agreed services. It must distinguish the amount payable to us from amounts payable to customs, a broker, or another party. No optional service or additional charge is imposed without your agreement."},{"title":"5. Delivery, risk, and delays","description":"5.1 Your accepted quote identifies the delivery destination, method, estimated timetable, and any expressly committed deadline. Tell us before acceptance if an event date is essential. A requested date becomes a binding deadline only when we expressly accept it as such. Sample approval, timely payment, and information you must supply are included in the stated scheduling assumptions."},{"title":"6. Cancellation, returns, and defect reports","description":"6.1 You may withdraw an unaccepted order submission before we accept it. There is no general contractual right to cancel a confirmed business order or return conforming personalized goods for a change of mind. Contact us immediately if you need to cancel or change an order. If we agree, we will identify reasonable, evidenced work and non-recoverable commitments, deduct costs saved or recovered, and refund any remaining balance. A cancellation charge is not an automatic entitlement to the entire order price."}]},{"heading":"Quick answers","items":[{"title":"Who operates MerchandAise orders?","description":"Hutter Products GmbH in Switzerland is your seller and merchant of record, including when several production partners help fulfill the order. We handle invoices, payments, complaints, and buyer remedies."},{"title":"When is a custom order binding?","description":"Normally, when we send explicit order acceptance, which may be automated; a binding quote may state its own acceptance mechanism. Payment alone is not acceptance. Production also requires explicit digital-proof approval and the sample approvals and technical prerequisites applicable to the expressly supported order path."},{"title":"Can I cancel or return a custom product?","description":"A confirmed business order has no general change-of-mind cancellation right. Contact us about a change or cancellation. Defect remedies and any mandatory withdrawal or termination rights remain available; personalization does not remove them."},{"title":"What law applies to Terms of Sale disputes?","description":"Swiss substantive law applies and the CISG is excluded. Business disputes use the competent courts at our registered seat in St. Gallen where a valid choice of court is permitted. Mandatory consumer protection and jurisdiction rules remain applicable."}]},{"heading":"Detailed Legal Sections","items":[{"title":"1. Seller, scope, and buyer eligibility","description":"1.1 Your seller is Hutter Products GmbH, Fortunastrasse 5, 9437 Marbach, Switzerland, UID CHE-284.907.929, operating as MerchandAise (\"we\", \"us\"). We are the merchant of record: we issue your invoice and handle payment, refunds, complaints, and buyer remedies. Production and logistics partners work on our behalf; you do not enter a purchase contract with them through a MerchandAise order. 1.2 Individuals, clubs, companies, brands, and other organizations may request products and orders. Paid ordering is available only where your buyer type and the exact product, quantity, production path, destination, tax, payment, and import arrangements are supported and approved. You must be legally capable of contracting, act within your authority, and provide accurate identity, billing, tax, delivery, and, where relevant, importer details. An organization name alone does not determine whether a transaction is legally a business purchase. 1.3 Products, destinations, payment methods, and import arrangements are available only where we have approved the particular order route. Browsing, designing, or requesting a manual quote does not establish availability or guarantee acceptance. Unsupported combinations require review before any order can be accepted. 1.4 These Terms govern sales we accept and are made available before you place your order. Any individually negotiated agreement takes priority, followed by the accepted quote and order specification, these Terms of Sale, and then the Terms of Use for platform matters. A purchase-order reference does not incorporate your own standard terms unless we expressly agree to them. Supplier terms do not replace our obligations to you. 1.5 Mandatory consumer rights apply whenever the actual transaction legally qualifies as a consumer purchase, even if a declaration or order label says otherwise. Consumer ordering is offered only through an expressly supported arrangement. Before a consumer is bound, we must provide the applicable product, price, delivery, complaint, withdrawal, and legal-guarantee information and durable confirmation required by law. Nothing in these Terms or an approval removes non-waivable rights. 1.6 For orders, complaints, or delivery issues, contact sales@merchandaise.com or +41 71 723 12 18. We send contractual communications to the contact details you provide; keep those details current and retain your quote, order confirmation, approvals, and invoice."},{"title":"2. Quotes, contract formation, and changes","description":"2.1 Catalog entries, rendered previews, AI conversations, indicative prices, and draft quotes are invitations to request an order, not binding offers. Under our current quote-first process, our team confirms the final scope and payable total before sending a secure payment link. An immediate estimate is not a confirmed payable amount. A quote is binding only if it expressly says so and states its validity and acceptance conditions. 2.2 A confirmed quote applies to its identified design and specification version, quantity, material, decoration, destination, production assumptions, and validity period. Changing any of these requires review and, where relevant, a fresh quote. An expired or superseded price, minimum order quantity, or delivery estimate cannot be relied on as current. 2.3 Review the complete specification, currency, itemized charges, approval stages, delivery arrangement, and these Terms before submitting your order. Unless a binding quote expressly provides another acceptance mechanism, your submission is an offer and the contract forms when we send an explicit order acceptance identifying the agreed order. That acceptance may be issued automatically, including in an order-confirmation email; a separate manual acceptance is not required. A message that only acknowledges receipt, authorizes payment, or confirms payment without accepting the order is not itself acceptance. 2.4 Before acceptance, we may decline an order for unavailable production capacity, an unsupported destination, an obvious pricing error, failed verification, unlawful content, or another legitimate reason. We will explain the issue where legally permitted and promptly release any authorization or refund any amount collected for the rejected order. After acceptance, we cannot simply increase the price or cancel because our costs change; contractual and statutory remedies apply. 2.5 Changes after acceptance require both parties to agree to the revised specification, charges, approvals, and schedule in writing, including an electronic record. We will explain any costs already committed. We do not make material product substitutions or treat silence as acceptance of a revised order."},{"title":"3. Design rights, proofs, and production samples","description":"3.1 Personalized goods apply your design to a supported product. Structural customization, such as changing a cut, component, mold, or dimensions, is supplied only where expressly accepted in a separate specification. Examples and design concepts do not promise that a product can currently be manufactured or sold. 3.2 You must have the rights and permissions needed for artwork, logos, names, likenesses, and other material you supply. You retain your existing rights and grant us a non-exclusive, royalty-free license to use and share that material with necessary service and production partners solely to evaluate, sample, manufacture, deliver, and support your requested order and retain required records. This is not permission to advertise with your artwork or brand. Separate permission is required for that use. 3.3 AI output and screen previews can contain errors and may not be unique or protectable by intellectual-property rights. Check text, dimensions, artwork placement, and rights before approval. Screen color and texture are illustrative; the agreed specification, expressly agreed tolerances, and approved genuine production sample define the physical result. We remain responsible for meeting our agreed specification and applicable product obligations. 3.4 Production requires your explicit approval of the exact digital proof, supplier-confirmed producibility, and completion of the approval and technical prerequisites identified for the supported order path. The quote explains any available sample choices, their costs, review method, limitations, and timing. Where sample approval is required or selected, a genuine physical production sample must be approved before mass production; a render is not a production sample. A proceed-without-customer-sample option applies only where expressly offered and enabled for the order, and cannot waive a required prototype, safety check, technical prerequisite, or existing approval requirement. We never infer a sample waiver or production approval from silence, expiry of a review period, payment, or account inactivity. 3.5 An authorized approver must check the proof and any required or selected sample against the agreed specification, including spelling, artwork, sizing, finish, and intended use, and record approval or requested corrections. Sample choices and approvals relate to the exact design, quote, and production version. Changes that affect the approved result require an updated proof, sample where relevant, and renewed approval before mass production. Mass-production lead time starts only after the latest required approval and other expressly agreed prerequisites are satisfied. 3.6 Your approval confirms the choices visible in the approved version. It does not waive hidden defects, departures from that version, safety obligations, or mandatory rights. Any quantity, dimensional, or color tolerance must be disclosed and agreed before acceptance; there is no general right to substitute materials or deliver materially different goods. 3.7 Tell us before ordering about special intended uses or safety requirements, such as children’s products, food contact, or protective equipment. Do not treat a design preview as a certification. Each party must perform the product-safety, labeling, traceability, and other legal duties that apply to its actual role. An allocation of customs duties does not erase those responsibilities. 3.8 We provide the manufacturer, responsible-person, identification, warnings, and compliance information legally required for the agreed sales route, even where this discloses an otherwise private production partner. Business buyers reselling or distributing products must preserve required labels and traceability, follow intended-use instructions, and avoid unsupported safety, certification, origin, or environmental claims. 3.9 Where there is a credible rights or safety concern, we may pause affected work for a proportionate review, ask for evidence, and explain the next step where lawful. Any cancellation of an accepted order and allocation of costs must have a contractual or legal basis; an allegation alone does not automatically forfeit payments or excuse our obligations."},{"title":"4. Prices, payment, and import charges","description":"4.1 The accepted quote identifies the currency, product price, sample or setup charges, shipping, applicable taxes collected by us, and any agreed services. It must distinguish the amount payable to us from amounts payable to customs, a broker, or another party. No optional service or additional charge is imposed without your agreement. 4.2 Payment methods, deposits, milestones, and due dates are disclosed before order submission. We may use payment providers to authorize and collect only agreed amounts. A card authorization or payment does not dispense with order acceptance or production approvals. We do not change an accepted price without an agreed order change or another lawful basis. 4.3 For an expressly agreed DAP Incoterms® 2020 shipment to the exact named place in your quote, the verified business buyer is importer of record and is responsible for import clearance, importer/EORI and tax identification, permits, duties, import VAT/GST, brokerage, and local import-clearance charges. These import amounts are payable separately at import and are not collected in checkout unless the accepted quote expressly itemizes a different collection arrangement. An estimate is not a customs assessment. 4.4 A customs-bound order requires an identified, legally eligible importer and the necessary tax and broker information before release. A shipping address alone does not establish importer eligibility. Domestic or intra-customs-territory shipments are assessed separately. Seller-controlled DDP, or a different importer arrangement, applies only when separately reviewed and expressly agreed; it cannot be inferred from a tax-inclusive product price. 4.5 If an undisputed payment is overdue, we may suspend the affected unperformed work after notice and a reasonable opportunity to pay, subject to applicable law. Any default interest or recovery costs must have a lawful basis. You retain mandatory rights to withhold or set off amounts, and may set off an undisputed or finally established claim. 4.6 Refunds are made without undue delay to the original payment method where practicable, unless another lawful method is agreed. Bank or payment-provider processing times may affect receipt. Contact us about payment concerns; nothing requires you to waive a lawful payment dispute or chargeback, although the same loss cannot be recovered twice."},{"title":"5. Delivery, risk, and delays","description":"5.1 Your accepted quote identifies the delivery destination, method, estimated timetable, and any expressly committed deadline. Tell us before acceptance if an event date is essential. A requested date becomes a binding deadline only when we expressly accept it as such. Sample approval, timely payment, and information you must supply are included in the stated scheduling assumptions. 5.2 Under DAP Incoterms® 2020, we arrange carriage and bear transport risk to the exact named place, where the goods are placed at your disposal on the arriving vehicle ready for unloading. We handle export and transit formalities allocated to the seller; you handle unloading and import clearance. The DAP rules governing a buyer’s failure to clear imports or take delivery remain applicable; handover to the first carrier is not the ordinary point of risk transfer. 5.3 For deliveries without an agreed Incoterm, risk passes on actual delivery to you or an authorized recipient, unless mandatory law requires otherwise. Title passes when the goods are delivered and the agreed price has been paid, only to the extent such retention is legally effective and any required formalities have been met. Risk and ownership are distinct. 5.4 Provide an accurate accessible delivery location, a receiving contact, and timely import instructions. If your failure to meet an agreed obligation causes extra storage, redelivery, or clearance costs, we may recover reasonable, documented, legally recoverable costs after taking reasonable steps to limit them. Goods are not automatically abandoned, forfeited, or deemed accepted because you miss a delivery. 5.5 We will notify you of material delays, explain the known cause and revised estimate, and take reasonable steps to mitigate them. Carrier, supplier, or customs involvement does not by itself release us from our contractual responsibilities. If delivery is late, you retain applicable rights to require performance, set a reasonable additional deadline where required, terminate the affected part, obtain reimbursement, or claim recoverable loss. 5.6 Multiple production partners or shipments do not change your seller or divide our responsibility for your order. Partial delivery is permitted only where agreed or reasonably acceptable without material disadvantage; any additional delivery charge requires agreement. Tracking and proposed routing changes do not themselves amend your contract."},{"title":"6. Cancellation, returns, and defect reports","description":"6.1 You may withdraw an unaccepted order submission before we accept it. There is no general contractual right to cancel a confirmed business order or return conforming personalized goods for a change of mind. Contact us immediately if you need to cancel or change an order. If we agree, we will identify reasonable, evidenced work and non-recoverable commitments, deduct costs saved or recovered, and refund any remaining balance. A cancellation charge is not an automatic entitlement to the entire order price. 6.2 Any statutory right to cancel, withdraw, terminate for breach, or obtain remedies for defective goods remains available. The withdrawal exception for goods made to individual specifications or clearly personalized applies only where its legal conditions are met. Before you are bound, we explain whether a consumer withdrawal right exists or is excluded and provide the required information, including instructions and a form where a withdrawal right applies. Standard goods are not automatically exempt merely because they are produced on demand. Defect rights continue even where withdrawal is excluded. 6.3 Business buyers should inspect goods as soon as reasonably feasible in the ordinary course of business and report apparent defects promptly. Report hidden defects promptly after discovery. Applicable statutory inspection, notification, and limitation rules govern; this page does not impose a universal 14-day cut-off. Consumer rights are not subject to a business inspection rule where the law prohibits it. 6.4 Contact sales@merchandaise.com with your order reference, the affected quantity, a description, and reasonably available photos or other evidence. Keep the affected goods and packaging where safe and reasonably possible so we can investigate. Notify us immediately of a suspected safety issue and stop using or distributing affected goods pending instructions. 6.5 We handle the complaint as your seller. We will assess the issue and arrange the repair, replacement, price reduction, cancellation, or refund available under the contract and applicable law. A proposed repair or replacement does not remove other remedies where it fails, is unavailable, causes unreasonable delay, or cannot lawfully be required. 6.6 Contact us for practical return instructions before shipping goods back. We bear necessary return and remedy costs for defects for which we are responsible and provide an advance where required by applicable law. A missing authorization number alone does not extinguish a valid claim, and we will not require unsafe or unlawful return handling. 6.7 Each party must promptly report a serious safety concern, relevant regulatory notice, or recall. We coordinate buyer-facing corrective action, which may include stopping distribution, identifying affected batches, giving warnings, collecting goods, repairing, replacing, or refunding as appropriate. You must reasonably cooperate with lawful safety measures. A dispute over our supplier’s responsibility must not delay required protective action or a buyer remedy."},{"title":"7. Conformity and proportionate liability","description":"7.1 Goods must conform to the accepted specification, expressly agreed tolerances, approved sample, and applicable legal requirements. Statutory defect rights and limitation periods apply; these Terms do not replace them with a 12-month warranty. Any additional commercial guarantee must be expressly identified and does not reduce statutory rights. 7.2 We are not responsible for deterioration caused solely by normal wear, misuse, unsuitable storage, unauthorized alterations, or failure to follow reasonable care instructions after delivery. Similarly, an error solely attributable to your supplied or approved instructions is your responsibility to that extent. These qualifications do not excuse our own error, failure to follow the agreed specification, failure to give a legally required warning, or a defect that existed at the relevant time. 7.3 The exclusions and cap in clause 7.4 apply only to business buyers and only to the extent legally permitted. They do not apply to intentional misconduct, gross negligence, fraud, fraudulent concealment of defects, death or personal injury, mandatory product liability, expressly assumed guarantees, or any other liability that cannot lawfully be limited. They do not cap payment of a refund, price reduction, repair, or replacement to which you are entitled. 7.4 For ordinary negligence in a business transaction, our aggregate damages liability arising from the affected order is limited to the total price paid or payable for that order. Subject to clause 7.3, liability for indirect loss, lost profit, lost business opportunity, or reputational loss is excluded. Where a limitation would impermissibly undermine an essential contractual obligation, the recoverable foreseeable loss typical of the contract remains available to the extent required by applicable law. 7.5 Each party must take reasonable steps to mitigate loss. Any responsibility attributable to both parties is allocated under applicable law. Using production or delivery partners does not convert us into a mere intermediary or require you to pursue a supplier before asserting a claim against us."},{"title":"8. Exceptional events and interrupted performance","description":"8.1 An exceptional event beyond a party’s reasonable control may excuse affected performance only to the extent that the event could not reasonably have been prevented or overcome and applicable law or this clause permits relief. Examples may include a natural disaster, war, or a binding governmental prohibition. Ordinary cost increases, foreseeable capacity shortages, or a supplier’s failure alone do not automatically qualify. 8.2 The affected party must promptly explain the event, its expected impact, and reasonable mitigation steps. Only obligations actually prevented are suspended, for only as long as reasonably necessary. Both parties will cooperate on lawful alternatives; a material product or price change still requires agreement. 8.3 If the impediment continues for more than 30 days, either party may terminate the undelivered affected part by written notice, without prejudice to an earlier termination right under applicable law or an expressly agreed essential deadline. We will refund sums paid for performance not supplied, less only separately agreed and lawfully payable completed work. Goods or services you never receive do not become non-refundable merely because an exceptional event occurred. 8.4 This section does not excuse amounts already lawfully due, remove mandatory rights, or exclude liability listed in clause 7.3. Any further consequences of impossibility, delay, or termination are determined by applicable law."},{"title":"9. Governing law and dispute resolution","description":"9.1 These Terms and accepted orders are governed by Swiss substantive law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. This choice does not deprive a consumer of mandatory protection applicable under conflict-of-law rules, or displace other overriding mandatory law. 9.2 For business disputes, the competent courts at the registered seat of Hutter Products GmbH in Marbach, Canton of St. Gallen, Switzerland, have exclusive jurisdiction to the extent a valid choice of court is legally permitted. Mandatory jurisdiction rules, including applicable treaty rules, take priority. Consumers retain access to courts and remedies available under mandatory law. 9.3 Please contact sales@merchandaise.com so we can investigate and seek a practical resolution. This invitation does not impose mandatory arbitration, prevent a timely court claim or interim relief, or stop a legal limitation period from running."},{"title":"10. Records, changes to terms, and general provisions","description":"10.1 The version of these Terms made available and accepted for your order governs that order. Later website updates do not retrospectively alter an accepted order, its price, approvals, or accrued rights. Keep a copy of the version supplied with your order documents. 10.2 Electronic records may document quotes, order acceptance, changes, and approvals where legally permitted. Neither party may rely on an automated message as proof of a different agreement where the required explicit acceptance is missing. 10.3 Any assignment or transfer of contractual obligations must comply with applicable law and obtain consent where required. Subcontracting production does not release us from our buyer-facing obligations. Neither party may transfer the contract in a way that unlawfully reduces the other’s rights. 10.4 If a provision is unenforceable, the remaining provisions continue to the extent legally possible and applicable law supplies the relevant rule. Delay in exercising a right is not a waiver. No provision excludes liability for a fraudulent statement or any right that cannot lawfully be excluded. 10.5 English is the reference language for orders expressly concluded in English. A translation or language-priority statement cannot override mandatory local-language, transparency, or consumer requirements. If the language of a quote or agreement differs, the language expressly agreed for that contract governs to the extent lawful."}]},{"heading":"What changed in 2026-09-17.en-us.v1","list":["Clarifies seller responsibility, versioned approvals, supported buyer eligibility, and quote-first ordering.","Explains delivery, customs, defects, cancellation, and mandatory consumer protections.","Preserves order-specific sample requirements and the rights that cannot lawfully be excluded."]},{"heading":"Order and Legal Contact","paragraphs":["Questions about these Terms of Sale or a specific custom order? Contact Hutter Products GmbH, the operator of MerchandAise, via sales@merchandaise.com or +41 71 723 12 18."]}],"source":{"type":"page-copy","id":"Terms_of_Sales"}},"metadata":{"source":"page-content","schema":"2025-11-05"}}