Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Merch Mixer at merchmixer.com (the “Site”), operated by MERCHNTS LLC (“we”, “us”, “our”). By accessing the Site or placing an order, you agree to these Terms. Please read them carefully.

1. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, and able to form a binding contract to purchase from the Site. By ordering, you confirm that the information you provide is accurate and complete.

2. Products and availability

We aim to display our products and their details accurately, but we do not warrant that descriptions, images, colours, or other content are error-free. Products are subject to availability, and we may limit quantities, discontinue items, or correct errors at any time.

3. Pricing and payment

Prices are shown in the currency selected at checkout (USD or AUD) and are subject to change without notice. We reserve the right to correct pricing errors and to cancel or refuse any order arising from such errors, even after an order is submitted. Payment must be received before we dispatch your order. You authorise us and our payment processors to charge your chosen payment method for the total order amount, including shipping and any applicable taxes.

4. Orders and acceptance

Your order is an offer to buy. An order confirmation acknowledges receipt but does not constitute acceptance; a contract is formed only when we dispatch the products. We may refuse or cancel an order for reasons including suspected fraud, unavailability, or pricing errors, and will refund any amount charged for a cancelled order.

5. Shipping, returns and refunds

Delivery is governed by our Shipping Policy, and returns and refunds by our Refund & Returns Policy, each of which forms part of these Terms.

6. Intellectual property

All content on the Site — including text, graphics, logos, images, and software — is owned by or licensed to MERCHNTS LLC and is protected by intellectual-property laws. You may not copy, reproduce, or exploit any content without our prior written permission.

7. Acceptable use

You agree not to use the Site unlawfully; to interfere with its operation or security; to attempt unauthorised access; to scrape or harvest data; or to introduce malicious code. We may suspend or terminate access for any breach of these Terms.

8. Disclaimers

Except as expressly stated and to the fullest extent permitted by law, the Site and products are provided “as is” and “as available” without warranties of any kind, whether express or implied. Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that cannot lawfully be excluded, including under the Australian Consumer Law or applicable U.S. state law.

9. Australian Consumer Law

For customers in Australia, our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and to compensation for other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if they fail to be of acceptable quality and the failure does not amount to a major failure. Nothing in these Terms limits those rights.

10. Limitation of liability

To the maximum extent permitted by law, and subject to Sections 8 and 9, MERCHNTS LLC will not be liable for indirect, incidental, special, consequential, or punitive damages, and our total liability for any claim relating to a product will not exceed the amount you paid for that product. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

11. Indemnity

You agree to indemnify and hold harmless MERCHNTS LLC and its officers, employees, and suppliers from claims arising out of your breach of these Terms or misuse of the Site, except to the extent such claims cannot be limited by law.

12. Governing law

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict-of-law rules, and you submit to the courts located in Miami-Dade County, Florida. If you are an Australian consumer, this choice of law does not deprive you of the protection of the mandatory laws of your place of residence, and you may also have rights to bring proceedings in Australia.

13. Changes to these Terms

We may update these Terms from time to time. Changes take effect when posted on this page, and your continued use of the Site constitutes acceptance of the updated Terms.