2. Refund and Exchange Policy

2.1. Vendor Exchange Policies – Each Vendor on Merch Marketplace has the autonomy to establish their own exchange policies. Before making a purchase, please check the Vendor’s store policies and the individual product listing for the Vendor’s specific Exchange and Refund terms. Vendors may have varying policies, and it is essential to be aware of these conditions.

2.2. Marketplace No Refund/Exchange Policy – Merch Marketplace, as the facilitator of the online marketplace, does not process or facilitate refunds or exchanges for products purchased through our platform. As the intermediary, we encourage buyers to communicate directly with the respective Vendors regarding any concerns or issues related to their products.

2.3. Returns and cancellations for sellers – Sellers may be able to create rules for replacements, returns, and refunds under certain circumstances. Sellers may remove or customize their return preferences in their account settings within the Vendor Dashboard Settings. You agree to comply with our Refund & Exchange  Policy.

2.3.1. When an item is returned for a Vendor that allows returns and refunds, and a transaction is canceled after payment has been completed, Merch Marketplace may issue a refund to the buyer on the seller’s behalf and charge the seller for the amount of the refund.

2.3.2. Additionally, Merch Marketplace may charge sellers for the cost of returned and refunded items and/or other reasonable fees from sellers when:

2.3.3.Refunds have been processed and there is an unpaid balance owed by the seller;

2.3.4.The item is returned in accordance with other applicable terms.

2.3.5.Merch Marketplace or Merch Marketplace Third-Party Payment Service Providers may invoice sellers for these charges and collect such charges as described in the Payments Terms of Use.

2.4.Returns and cancellations for buyers

2.4.1.Buyers generally do not have the right to cancel an order. In certain instances, a buyer may be responsible for the cost of return shipping for an item returned to a seller.

2.4.2.All Vendors/Vendors on the Merch Marketplace platform have the option to enforce their own Refund & Exchange policies. Merch Marketplace will not be responsible for refunds, exchanges or returns as stated in our Refund & Exchange Policy. , Merch Marketplace does not  refund or return purchases. 

2.4.3.If you (as a Seller) choose to reimburse a buyer, Merch Marketplace or Merch Marketplace Third-Party Payment Service Providers may invoice you in the amount of the reimbursement, or collect the amount of the reimbursement from you as described in the Payments Terms of Use.

2.4.4.If we cannot get reimbursement from you, we may collect the outstanding sums from the seller’s profits or by using other collection mechanisms, including retaining collection agencies.

2.4.5.You agree to make us whole for any losses, including expenses we incur to recoup such losses, arising out of your abuse of return or refund policies or any fraud you committed in connection with return or refund policies.

2.5. Buyer Responsibilities – It is the buyer’s responsibility to thoroughly review the product details, including the Vendor’s Exchange Policy, before making a purchase. If you encounter any issues with your order, please contact the Vendor directly for resolution.

2.6. Exceptions – In the event of fraud, misrepresentation, or other extraordinary circumstances, Merch Marketplace reserves the right to review and address issues on a case-by-case basis.

2.7. Contact Information – For questions or concerns related to your order, please reach out to the Vendor directly using the contact information provided on their store page.

3. Vendor Registration and Membership

3.1. Sellers (heroine referred to as “Vendors”) must register and create an account to sell their products on the Platform.

3.2. Vendors agree to pay a membership fee and commission on sales, as outlined in the pricing and fees section of the Platform.

3.3. Additional fees may be charged for services such as store setup assistance and merchandise design assistance.

4. Payment Terms of Use Policy

4.1. This Payment Terms of Use Policy outlines the guidelines governing payment services facilitated by third-party payment service providers for transactions on the Merch Marketplace platform. Operated by Merch Marketplace, LLC, we appreciate your commitment to understanding and complying with the terms set forth in this policy.

4.2. Payment Services on Merch Marketplace – Merch Marketplace utilizes third-party payment service providers for seamless transaction facilitation, collectively referred to as “Payment Services.” These services are administered by our trusted third-party partners.

4.3. Payment Methods – Buyers enjoy flexibility with various payment methods, including Google Pay, Apple Pay, Stripe, and others. The availability of these methods may vary, and Merch Marketplace reserves the right to adjust the scope of payment methods at our discretion.

4.4. Managed Payments – Sellers on Merch Marketplace entrust third-party payment service providers to handle payment execution and manage settlements on their behalf—a process known as “Managed Payments.”

4.5. Payment Entities for International Sales – Due to the global nature of our marketplace, sellers may engage with different payment service entities based on international sales. Specific terms for each entity are detailed in Parts II, III, IV, V, and VI of these Payment Terms.

4.6. Payout Entity for International Sales – The “Payout Entity” corresponds to the payment service provider associated with the seller’s country of residence. All disbursements to the seller’s Linked Financial Account are conducted by this entity.

4.7. Payout Currency for International Sales – Transaction proceeds are settled in the “Payout Currency,” determined by the seller’s country of residence. Merch Marketplace may introduce additional Payout Currencies at our discretion.

4.8. Seller Onboarding and Linked Financial Account – To engage in Managed Payments, sellers must complete onboarding, providing accurate information and linking a financial account (“Linked Financial Account”) for settlements. The Linked Financial Account should be in the seller’s legal name and associated with their business, if applicable.

4.9. Disbursement Timing – Proceeds from sales, minus applicable fees, are disbursed to the seller’s Linked Financial Account after completing the Managed Payments transaction. Timing may vary based on factors such as the item category and the buyer’s payment method.

4.10. Seller Payment Tax Deductions – Taxes will be deducted from the seller’s profits in accordance with applicable tax laws.

4.11. Servicing Fee Deduction – A 5% servicing fee will be deducted from the seller’s profits.

4.12. Payment Processing Fee Deduction – A payment processing fee of 2.9% plus $0.30 per transaction will be deducted.

4.13. Membership Subscription Fees – Seller’s will be responsible for paying monthly Membership Subscription fees that may apply, and sellers can find detailed information on these fees on the Membership Plans & Pricing page on the platform. 

4.14. Seller Payment Fees – Certain fees may apply, and sellers can find detailed information in the Fee Page (refer to Section 3 of these Payment Terms).

4.15. Dispute Resolution – Disputes related to payments or Managed Payments should follow the resolution mechanisms outlined in the User Agreement applicable to sellers.

4.16. Additional Terms for Services Provided by Specific Payment Entities – Each Payment Entity has Additional Payment Terms (Parts II, III, IV, V, and VI) specifying terms for the Payment Services they provide. Sellers are encouraged to review these terms diligently.

4.17. Changes to Payment Terms of Use Policy – Merch Marketplace may update this Refund and Exchange Policy periodically. Please check this page regularly for updates to our Refund and Exchange Policy. Continued use of our services after any changes indicates your acceptance of the updated terms. 

5. Merch Marketplace Feedback Policy

5.1.While comments and feedback serve as an open forum, it is crucial to adhere to our guidelines and policies outlined below to ensure their constructive and fair use.

5.2. Feedback Extortion – Buyers are prohibited from utilizing threats of negative feedback or low detailed seller ratings to obtain items or services not originally included in the listing. Likewise, sellers cannot demand positive feedback from buyers.

5.3. Feedback Manipulation – Users are not allowed to exchange feedback with the sole intention of boosting feedback scores, gaining privileges, or enhancing their reputation on our Platform(s). Neither can they influence another user’s feedback through repeated purchases or by leaving negative comments with a positive rating. 

5.4. Sellers are prohibited from including terms in a listing that restricts or limit buyers from leaving feedback.

5.5. Feedback Misuse – Any misuse of feedback is strictly prohibited. Feedback comments should align with the positive or negative rating given in both buyer and seller feedback. For instance, a negative comment should not be left with a positive rating.

5.6. Requirements for Activity on Merch Marketplace 

5.6.1. Users are required to: 

5.6.1.1. Follow all applicable laws

5.6.1.2. Respect the rights of third parties

5.6.1.3. Adhere to the Merch Marketplace User Agreement and Terms of Service Agreement

5.6.1.4. Comply with this Merch Marketplace Feedback Policy

5.6.1.5. If user activity fails to meet these requirements, Merch Marketplace reserves the right to take appropriate action in accordance with applicable laws and the Merch Marketplace Agreement and Terms of Service Agreement. Possible actions may include, but are not limited to: administratively ending listings or canceling transactions, adjusting listing visibility in search results, reducing seller ratings, restricting buying or selling activities, fee forfeiture, loss of buyer or seller protections, limited access to communication and rating tools, feedback removal, and account suspension.

5.6.1.6. Any misuse of feedback is strictly prohibited. Feedback comments should align with the positive or negative rating given in both buyer and seller feedback. For instance, a negative comment should not be left with a positive rating.

6.1. Drop Shipping/Print-on-Demand Product Listings – Vendors utilizing drop shipping/print-on-demand services are responsible for ensuring the quality and timely delivery of products to customers.

6.2. Vendors are responsible for the accuracy and legality of the products they list on the Platform.

6.3. Intellectual Property – Vendors grant the Platform a non-exclusive, worldwide, royalty-free license to use, display, and reproduce their product listings for marketing purposes.

6.4. Users who upload images and personalize merchandise grant the Platform the right to use, modify, and reproduce those images for the purpose of fulfilling the order.

6.5. Image and Text Guidelines – To ensure potential buyers receive an accurate portrayal of your items and to avoid infringing on content rights, it is recommended to craft your own descriptions and utilize your own images. Alternatively, you can use images provided by Merch Marketplace.

6.6. Tangible Offering Guidelines – All listings on Merch Marketplace must offer a physical item or tangible service. Listings that are blank or lack a tangible item or service are prohibited, as they can cause confusion for buyers and increase the risk of fraud.

6.7. Search Result Integrity Guidelines – Manipulating Merch Marketplace’s search and browse experience by incorporating popular keywords in your listings that are unrelated to your items is prohibited.

6.8. Item Location Transparency Guidelines – In order to provide buyers with a transparent understanding of shipping charges and delivery times, sellers are required to furnish precise information in their listings regarding the location of their items.

6.9. JavaScript Guidelines – The inclusion of active content in listings has the potential to create a suboptimal experience, leading to longer page load times and introducing security risks. For this reason, the use of JavaScript is not permitted in listings.

6.10. Duplicate Listings Guidelines – To promote a varied selection for buyers from multiple sellers, only one fixed-price listing for an identical item can be active at the same time by a single seller.

6.10.1. Activity on Merch Marketplace is required to:

6.10.1.1. Follow all applicable laws

6.10.1.2. Respect the rights of third parties

6.10.1.3. Follow the Merch Marketplace Terms of Service Agreement & .User Agreement.

6.10.1.4. Adhere to this Merch Marketplace policy

6.10.2. Provide detailed information when crafting your listings. Develop a concise title and description, ensure your item is listed in the appropriate category, and complete all suggested item specifics for a comprehensive presentation for the best results. 

6.10.3. Failure to meet these requirements may result in actions consistent with applicable laws and the Merch Marketplace User Agreement, including but not limited to: administrative listing cancellations, hiding or lowering placement in search results, seller rating reduction, buying or selling restrictions, fee forfeiture, loss of buyer or seller protections, restricted access to communication and rating tools, feedback removal, and account suspension.

7. Multiple Accounts

7.1. We understand that users might choose to have multiple Merch Marketplace accounts. For example, users who like to buy and sell may want separate accounts for each activity. Merch Marketplace Vendors may prefer to manage separate accounts to focus on different product collections. However, in order to maintain a safe and trusted environment for all our users, all accounts that a user uses are held to our buying and selling policies. Whether users have one account or multiple accounts, Merch Marketplace expects users will manage each of their accounts effectively and  follow the rules, and do all that they can to ensure a positive user experience. Following these guidelines helps ensure the highest buyer and seller standards are met.

7.2. Registering new accounts or using other existing accounts to avoid buying and selling restrictions, limits or other policy consequences is prohibited. 

7.3. Users are permitted to have a dedicated account for selling and another for buyers, however buying and selling policies apply equally to all accounts, so users will need to meet Merch Marketplace’s buyer and seller standards across all accounts.

7.4. Whether you have one account or more, users are required to manage each of their accounts effectively in order to meet the highest buyer and seller standards. These standards help to ensure a safe and positive experience on the Merch Marketplace.

7.5. Users are expected to resolve account issues as they arise, and follow the steps provided by Merch Marketplace to bring accounts back into good standing before continuing to buy or sell with other accounts. 

7.6. Merch Marketplace users are also required to

7.6.1. Follow all applicable laws

7.6.2. Respect the rights of third parties

7.6.3. Follow the Merch Marketplace User Agreement, Terms of Service Agreement and and all policies and additional Guidelines posted on and within our sites, applications, tools, and platforms.

7.6.4. If activity doesn’t meet these requirements, Merch Marketplace may take action consistent with applicable laws and the Merch Marketplace User Agreement, and Terms of Service Agreement, and may even be legally required to do so. Such actions may include, as an example only: administratively ending listings or canceling transactions, hiding or lowering the placement of listings in search results, lowering seller rating, restricting buying or selling, forfeiture of fees, loss of buyer or seller protections, restricting access to user communication and rating tools, removing feedback, and account suspension.

7.7. In some cases where a user has two accounts and one becomes suspended, their second account may also be subject to restriction.

8. Liability and Disclaimers

8.1. The Platform is not responsible for the quality, safety, or legality of products listed by Vendors.

8.2. Vendors are solely responsible for any liabilities arising from the sale of their products.

8.3. The Platform is not liable for any user-uploaded content, and users are responsible for ensuring they have the right to use the images they upload.

9. Assistance Services

9.1. Any assistance services provided by the Platform, including store setup and merchandise design, are offered as a convenience, and the Platform does not guarantee the success or performance of such services.

10. Termination

10.1. The Platform reserves the right to terminate or suspend a Vendor’s account for violation of these terms or for any other reason at our discretion.

11. Governing Law and Dispute Resolution

11.1. These terms are governed by the laws of the State of Michigan. Any disputes arising out of or in connection with these terms shall be resolved through arbitration in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

12. Miscellaneous

12.1. These terms constitute the entire agreement between the parties and supersede all prior agreements and understandings.

13. Policy Updates:

13.1.Merch Marketplace may update this Terms of Service Agreement periodically. Please check this page regularly for updates to our Terms of Service Agreement. Continued use of our services after any changes indicates your acceptance of the updated terms.

Effective Date: 12/3/23