Terms of Service
Last Updated: 14th October 2024
This nftmerchandize.com website is owned and operated by Padco Marketing LLC (Abbreviaton “Padco“) (also referred to as "we", "us", this "website" or this "site"). We use the term “services” in these Terms of Service to refer both to services and products (tangible, intangible, and digital), as applicable.
Summary: Please read these terms very carefully as they form a binding Agreement between you and NFTMerchandize regarding the use of our services and website. At the beginning of each Section, you'll find a short summary to help you navigate the document. Note that these summaries do not replace or represent the full text.
The following terms and conditions constitute a legally binding contract (this "Agreement") between you (“you” or “your”) and Padco Marketing LLC, a Wyoming entity that governs all use by you of the NFTMerchandize.com website (the "Site") and the services available on or at the Site (taken together with the use of the Site, the "Services"). We’ll refer to Padco Marketing LLC and all of its ecommerce POD subsidiaries and affiliated companies collectively as "NFTMerchandize", "we", "our", "us", etc. NFTMerchandize is a print-on-demand company for businesses that want to outsource the printing and delivering component. NFTMerchandize white-label prints and dropships products ("Products") directly to you and your customers ("Customers").
The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein. We also have other policies and procedures including, without limitation, Shipping, Return Policy, Privacy Policy and others. Those policies contain additional terms and conditions, which apply to the Services and are part of this Agreement.
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 any of our other Services.
If you use our Services only for your personal use, you are considered a "User". If you use our Services to execute orders or deliver Products to third parties (including Customers), you are considered a "Merchant".
REGARDLESS IF YOU ARE A USER OR MERCHANT, SECTION 18 OF THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING FROM OR RELATING TO THIS AGREEMENT BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY JURY TRIAL OR CLASS ACTIONS, EXCEPT AS OTHERWISE PROVIDED BY SECTION 18. IF YOUR COUNTRY OF RESIDENCE IS IN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM THIS APPLIES TO ANY ACTION YOU MAY WANT TO BRING AGAINST NFTMerchandize IN THE UNITED STATES.
1. Access & Membership
Summary: You need to be of a certain legal age to use NFTMerchandize, and you're fully responsible for your account and the use of our services. If you violate our Terms of Service or otherwise act in bad faith, we can modify, cancel, or refuse service at any time.
In order to enjoy all of NFTMerchandize's benefits, you may register your account and become a member ("Member"). Membership requires that you register on the Site (including by truthfully filling out all required personal information). You may opt out of marketing and promotional activities, including emails. You may cancel your membership at any time by canceling it online on the Site. To complete registration, you shall provide a name, surname, email address and password. You may never use another user's NFTMerchandize account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify NFTMerchandize immediately of any breach of security or unauthorized use of your account. Although NFTMerchandize will not be liable for your and your Customer’s losses caused by any unauthorized use of your account, you may be liable for the losses of NFTMerchandize and others due to such unauthorized use.
NFTMerchandize may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature or content, but without affecting orders for European Economic Area Users or the United Kingdom which NFTMerchandize has already confirmed. NFTMerchandize may also impose limits on certain features and Services or restrict the User's access to parts or all of the Services without notice or liability. If you are an individual (rather than an organization or entity), then you certify to NFTMerchandize that you are at least 18 years of age, however, if you are an individual residing in Japan, you certify to NFTMerchandize that you are at least 20 years of age. If you are using the Services on behalf of an organization or entity then you certify that you are legally authorized and permitted to bind such organization or entity to this Agreement and use the Services. Notwithstanding the aforementioned, you agree to take full responsibility for your selection and use of the Services. This Agreement is void where prohibited by law, and the right to access or use the Services is revoked in such jurisdictions.
2. Modifications
Summary: We reserve the right to modify our terms, services, and fees. Please follow changes to our terms by checking in with the Policy updates section on our website.
Without affecting orders for European Economic Area Users or orders for Users in the United Kingdom which NFTMerchandize has already confirmed NFTMerchandize reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time. All such modifications will become effective immediately after NFTMerchandize posts 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. Use of the Site and other Services by you after NFTMerchandize posts the modifications on the Site constitutes your acceptance of the terms and conditions of this 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, and you must send NFTMerchandize a written notification, including via email (and your NFTMerchandize account will be deleted), to close your account within 30 days of notice.
3. Content
Summary: NFTMerchandize respects intellectual property rights and asks you to do the same. Anything you upload will remain yours, and you're responsible for it. We'll only use the content you submit to provide you with our services. If we receive a Digital Millennium Copyright Act (DMCA) takedown notice or European Union illegal content notice for content you've submitted, we may remove the allegedly infringing content or suspend access to the NFTMerchandize website.
All content (including all information, images, pictures, data, text, photographs, graphics, messages, and other materials, hereinafter "Content") that you post, submit, upload, display, sell or use, hereinafter "post", using our Services is your content. We don’t make any claim(s) to it. That includes anything you post using our Services (like your Content, images, shop name, your customer reviews, comments, videos, usernames, etc.).
Responsibility for the Content. You understand that you are solely responsible for the Content that you post on or through the Services. You represent that you have all necessary rights to the Content, including all necessary rights to post it or use it on your Products sold, manufactured, or warehoused by NFTMerchandize. You also represent that you’re not infringing or violating any third party’s rights by posting the Content or using the Content on your Products sold, manufactured, or warehoused by NFTMerchandize.
Permission to Use the Content. NFTMerchandize agrees that any Content that you post using our Services will remain yours. This means that we will never use your Content except with your express permission or as otherwise provided in this Agreement.
Rights You Grant NFTMerchandize. By posting your Content, you grant NFTMerchandize a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services, improve the quality of the Services and to promote NFTMerchandize and/or your NFTMerchandize store, or the Services in general, in any formats and through any channels, including across the Services, third-party website, advertising medium and/or social media. You agree and represent that you have the rights to grant this license to us.
Reporting Unauthorized Content. NFTMerchandize respects intellectual property rights and follows intellectual property laws. We are committed to following appropriate legal procedures to remove infringing content from the Service(s).
Intellectual Property. NFTMerchandize respects your work and empowers you to express your voice and ideas. We ask that you respect the work and creative rights of others. You need to either own the Content you post to NFTMerchandize, or have the express authority to post it. Content must comply with right of publicity, trademark and copyright laws, and all other applicable national, state, and federal laws.
Trademarks and Infringement of Intellectual Property. We are committed to following appropriate legal procedures to remove infringing content from the Services. NFTMerchandize will try to accommodate and not interfere with standard technical measures used by copyright owners to identify and protect their works. NFTMerchandize reserves the right to do any or all of the following at any time at our sole discretion: (i) immediately suspend your use of the Services; and/or (ii) remove, block, and disable access to any of your Content that is alleged to infringe the intellectual property rights of others. When we receive notice of intellectual property infringement (via the form available here), NFTMerchandize strives to respond quickly by removing, blocking, or disabling access to the allegedly infringing material. When NFTMerchandize removes, blocks or disables access in response to such a notice, NFTMerchandize makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification.
DMCA Cooperation: NFTMerchandize’s copyright infringement notice and Content removal policies and procedures are intended to comply with the requirements and obligations of service providers under the Digital Millennium Copyright Act (DMCA). To the extent any requirements and obligations of service providers under the DMCA change or are different than set forth herein, NFTMerchandize’s policies and procedure may likewise change in accordance with the DMCA requirements and obligations of service providers. More information about DMCA procedure is available here.
Counter DMCA Notifications: If NFTMerchandize receives a DMCA counter notification, NFTMerchandize will send a copy of the counter notice to the original complaining party. Unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs NFTMerchandize of this action, the removed, blocked, or disabled material may be replaced or access to it may be restored 10-14 business days after delivery of the counter notice to the original complaining party. If an action is filed, any Content removed, blocked, or disabled shall remain removed, blocked or disabled at the sole discretion of NFTMerchandize.
Repeat Infringement: NFTMerchandize may terminate account privileges of Members that are subject to repeat notices of intellectual property infringement as determined by NFTMerchandize at its sole discretion.
Copyright and Trademark Responsibility. You agree and represent by accepting this Agreement and using our Services that you own all rights (including copyrights) for the Content you post, or if you are not the owner, that you have permission to use and reproduce the Content in connection with the Services, and that you have all of the rights required to post your Content. Likewise, by accepting this Agreement and using our Services, you agree and represent that you own or have permissions to use all copyrights, trademarks, service marks, trade dress, and trade names incorporated into the Content you post or use in connection with any Content and the Services provided under this Agreement.
Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of Content we don’t want submitted to our Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, illegal or otherwise offensive or in violation of any part of this Agreement. You also agree not to post any Content that is false or misleading or uses the Services in a manner that is fraudulent or deceptive.
European Union illegal content. We have implemented a complaint mechanism to comply with the requirements and obligations of intermediary service providers under the Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (the “Digital Services Act”) that allows anyone to report content that they suspect to be illegal using the European Union illegal content notice available here. We are committed to evaluating the reported allegations and strive to take the appropriate decision that could include termination of the Services. If you are not satisfied with our decision, you have the right to appeal. You will be informed about appeal options along with our decision.
4. Use of Services
Summary: By using NFTMerchandize, you agree to use our services according to our terms and to respect the rights of our brand name, trademark, and digital items. In case we need to contact you, we'll reach out to you via email.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions in particular:
Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you or NFTMerchandize. For example, it’s your responsibility to obtain any permits or licenses that your store may require; you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against NFTMerchandize, another NFTMerchandize user, or a third party. You also agree that you are not the target of trade, financial, and economic sanctions, and that you do not appear on a sanctions-related list, including lists maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, the U.S. Department of Commerce, the European Union, or Her Majesty’s Treasury of the United Kingdom. You also agree that you will not export, reexport, or otherwise transfer NFTMerchandize’s Products to countries or territories that are the target of comprehensive embargoes or sanctions or parties on the sanctions-related lists referenced above. You agree not to use the Services: (i) to impersonate or attempt to impersonate NFTMerchandize, any other NFTMerchandize Party (as defined below), or any other person or entity; or (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. The following are collectively referred to as the “NFTMerchandize Parties”: (a) NFTMerchandize, (b) NFTMerchandize’s subsidiaries, affiliated companies, and joint ventures, and (c) the officers, directors, members, managers, equity holders, agents, and employees of NFTMerchandize and its subsidiaries, affiliated companies, and joint ventures.
Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our clients may use to promote their Products. You agree not to use the Services: (i) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with this Agreement; or (ii) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm any NFTMerchandize Party or expose any of them to liability. You agree that NFTMerchandize reserves the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, at the sole discretion of NFTMerchandize.
Follow Brand Guidelines. The name “NFTMerchandize”, 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 NFTMerchandize in the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion. Except as expressly provided in this Agreement, NFTMerchandize does not grant you any rights to use its trademarks, service marks, or trade dress. You may state in connection with the Services or Products provided by NFTMerchandize that NFTMerchandize provided such Services or Products. If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks: (i) in or as the whole or part of your own trademarks; (ii) in connection with activities, Products or Services which are not ours; (iii) in a manner which may be confusing, misleading or deceptive; or (iv) in a manner that disparages us or our information, Products or Services (including the Site). NFTMerchandize reserves the right to request you to immediately remove any such misused iconography, phrases, logos, and designs at our sole discretion.
Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to NFTMerchandize (not including your Content or Products you sell or warehouse through our Services) are considered non-confidential and nonproprietary to you. By submitting those ideas and materials to us, you grant us a non-exclusive, worldwide, royalty-free, non-revocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time.
Communication Methods. NFTMerchandize will provide you with certain legal information in writing. By using our Services, you’re agreeing to our communication methods which describe how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment). Under California Civil Code Section 1789.3, Users from the State of California are entitled to the following specific consumer rights notice:
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1309 Coffeen Ave., Suite 1200, Sheridan, Wyoming 82801, or by email at [email protected]
Digital Items. Digital items (like mockups, templates, images and other design assets) and texts created in connection with the Products and/or Services we offer and their intellectual property rights belong exclusively to NFTMerchandize. Digital items and any results may only be used in connection with the advertising, promoting, offering and sale of NFTMerchandize’s Products and may not be used for other purposes or in conjunction with products from other manufacturers. If NFTMerchandize provides the possibility for Users to modify or customize any Digital Items, you will ensure that the Content used to modify such Digital Items will comply with the intellectual property laws and our Acceptable Content guidelines.
5. Content and Services
Summary: You are responsible for communicating with your customers and handling any claims they might have. We provide the best service we can on an "as is" basis, and please be aware that it may have errors and interruptions.
Items Your Clients Purchase Through Our Sites. You understand that NFTMerchandize cannot and does not make any warranties about your Content, stores, or what you sell to your Customer that we may warehouse. Any legal claim related to a Product your Customers purchase must be brought directly against you as the seller of the Product. You release NFTMerchandize from any claims related to Products sold by you through our Services, including claims for misrepresentations by you to your Customers or claims for physical injury or property damage by any of your Products that are warehoused for you by NFTMerchandize.
Content You Access. Your Customers may come across materials that they find offensive or inappropriate while using our Services. We make no representations concerning any content posted by others through the Services. NFTMerchandize is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by others that you accessed through the Services. You release us from all liability relating to that content.
Third-Party Services. Our stores on our Site(s) may contain links to third-party websites or services that we don’t own or control (for example, links to Facebook, Twitter, and Pinterest). You may also need to use a product or service of one of our subcontractors or other third parties in order to use some of our Services (like a compatible mobile device to use our mobile apps). When you access these third-party services, you do so at your own risk. The third parties may require you to accept their own terms of use. NFTMerchandize is not a party to those agreements; they are solely between you and the third party. You agree that NFTMerchandize will not be liable to you in any way for your use of these third party services.
Services. NFTMerchandize is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is,” with all faults and without any kind of warranty (express or implied), except for the warranties provided with respect to Products in Section 6 below.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO OUR SERVICES, EXCEPT FOR THE WARRANTIES OR CONDITIONS PROVIDED WITH RESPECT TO PRODUCTS IN SECTION 6 BELOW. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
We do not guarantee that: the Services will be secure or available at any particular time or location – NFTMerchandize shall not be liable for any delays, interruptions or loss of data in connection with the use of our Site and Services. NFTMerchandize shall strive to ensure that the Services are carried out in other locations in case it is not possible to carry them out at the location the Services were initially intended to be performed at. any errors for which NFTMerchandize is responsible will be corrected; the Services will always be free of viruses or other harmful materials; or the results of using the Services will meet your expectations. You use the Services solely at your own risk.
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER NFTMerchandize NOR ANY OTHER NFTMerchandize PARTY SHALL BE LIABLE TO YOU OR YOUR CUSTOMERS FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. THE LIABILITY OF THE NFTMerchandize PARTIES WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE THAT YOU HAVE PURCHASED OR USED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limited Warranty on Products
Summary: Please read this section very carefully—it covers our obligations and responsibilities for NFTMerchandize services. If you have an issue with your order, you may be eligible for a replacement product or refund, so reach out to us as soon as possible.
Does not apply to Users residing in the European Economic Area or the United Kingdom (see Section 7).
Limited Warranty. We warrant that, at the time of delivery of a Product to a User or the Merchant’s Customer, the Product will not be materially defective or damaged (the “Limited Warranty”). Customers residing in Brazil have the right to cancel and return their order within 7 days, for any reason.
Who May Use This Warranty? NFTMerchandize extends the Limited Warranty only to Users and Merchants. All Limited Warranty coverage terminates if the User or the Merchant’s Customer sells or otherwise transfers a Product.
What Does This Warranty Not Cover? This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following:
(a) you or third parties;
(b) any improper handling (including during shipping), use or storage of the Product;
(c) any failure to follow any Product instructions;
(d) any modifications to the Product;
(e) any unauthorized repair to the Product; or
(f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or
(g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty.
This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse.
Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters.
What Is The Period Of Coverage? This limited warranty starts on the date of the delivery of the Product to the User or the Merchant’s Customer and lasts for thirty (30) days (the “Warranty Period”). For the avoidance of doubt, NFTMerchandize acknowledges that according to some jurisdictions the User may be entitled to a longer Warranty Period.
What Are Your Remedies Under This Warranty? With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the User or the Merchant along with the shipping fees corresponding to the defective or damaged Products.
How Do You Obtain Warranty Service? Promptly following delivery of a Product, you or your Customer (if you are a Merchant) will inspect the Product. If a Product is materially defective (including any error by NFTMerchandize in printing) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Return Policy. If you are a Merchant, your Customer should contact you regarding any defective or damaged Product and with respect to any delivery of the wrong Product.
LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED IN THIS SECTION 6 ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Your rights in the case of lack of conformity
Summary: If you reside in the European Economic Area or the United Kingdom, this is where you'll find information on what you can do if there's an issue with your order.
If you are a User residing in the European Economic Area or the United Kingdom, the legal guarantees established by Directive 1999/44/EC on consumer sales and guarantees or similar consumer contracts regulations apply to the sale of our products. Consequently, you have the right, free of charge, to get the products repaired (or replaced) within the limits provided by the law, or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the products, or the contract cancelled. Delivery costs for returning the product to be repaired or replaced under this clause shall be borne by NFTMerchandize, as well as any costs related to the delivery to you of the repaired or replaced product.
If the Products we supply to you are:
(1) made to your specification and are clearly personalized with your designs; or
(2) sealed for health protection or hygiene reasons, or both, you do not, have the right to cancel your order or change your mind as set out in our Return Policy.
For other Products, you have the right to cancel and return the order for any reason within 14 days following the date on which the Product was delivered. You must inform us of the decision to cancel the order by sending us written notice before the cancelation period expires. You may contact us at [email protected]. Within 14 days of notifying us of your decision to cancel the order, you must also return the product to us using the return address indicated on the original package in which the order was delivered. You will have to bear the direct cost of returning the goods. Within 14 days of receiving written notice of your decision to cancel the order we will, without undue delay, issue a refund for the Product and the delivery costs (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us). We may delay the refund until the Product has been returned or we have received proof that the Product has been returned, whichever is earlier. The refund will be made to your NFTMerchandize Wallet or to the payment method used by you when placing the order. You may be liable for any diminished value of the Product resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Product.
8. Responsibility of Site members and visitors
Summary: When using NFTMerchandize services, it's your responsibility to follow our policies. If you violate our policies, we might restrict or even end up terminating your access to our services.
Violation of this Agreement or any other rules will result in the termination of your NFTMerchandize account.
NFTMerchandize and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen (using automated and/or manual means), refuse, or remove any Content that is available via the Services. Without limiting the foregoing, NFTMerchandize and its designees shall have the right to remove, block, and disable any Content. You agree that you must evaluate and to the extent permitted by law bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by NFTMerchandize or submitted to NFTMerchandize, including without limitation information in NFTMerchandize collaborations, posts and in all other parts of the NFTMerchandize Services.
Without limiting other remedies, we may limit, suspend or terminate our Services and your account, prohibit access to our Site, delay, remove, block, or disable hosted Content, and take technical and legal steps to keep you off the Site if we think that you are creating problems, causing possible legal liabilities, breaching this Agreement, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing NFTMerchandize with accurate and truthful information (including but not limited to your name and surname if you are a User or retail price if you are a Merchant). If you have provided NFTMerchandize with inaccurate or false information, (a) you shall be liable to NFTMerchandize for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information, (b) you shall reimburse such damages and losses (including but not limited to taxes) to NFTMerchandize, and (c) NFTMerchandize shall have the right to charge you for such damages and losses (including but not limited to taxes) and otherwise limit or suspend your access to the Services.
9. Payments and fees
Summary: To pay for NFTMerchandize services, you need a valid payment method (e.g. a credit card, PayPal) that you're authorized to use. All fees will be charged to your payment method, which may but is not guaranteed to be automatically updated. Note that you might need to reimburse us for any chargeback fees for returns or claims that aren't in line with our policies.
You may choose to save your billing information to use it for all future orders and charges associated with NFTMerchandize Products and/or Services. In such case, you also acknowledge and agree that this information will be stored and processed by third party PCI DSS compliant service providers. NFTMerchandize may participate in Account Updater programs. Such programs may allow for your payment card information to be automatically updated if and when there is a change, such as to the payment card number or expiration date. To the extent NFTMerchandize participates in such programs and your financial institution or payment card provider is a participant, you agree to automatic updates to your payment card information. However, NFTMerchandize cannot guarantee that such automatic updates will be made, so you also acknowledge that you are ultimately responsible for ensuring that your payment card information is current.
When you order a Product, or use a Service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. We may change our fees from time to time (for example, when we have holiday sales, offer you a discount of base product prices, etc.). The fees for the Products and the Services (if and as applicable), as well as any associated delivery costs will be indicated on the Site when you place an order or pay for the Service. 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 or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. You may then receive an email from us.
By placing an order or paying for Services , 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. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse NFTMerchandize for damages resulting from such unauthorized use.
With regard to payment methods, you represent to NFTMerchandize that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your financial institution (including but not limited to credit card company) or payment service provider.
If you or your Customer makes any return or claim which does not comply with our policies (including policies which are described here), you will reimburse NFTMerchandize for its losses, which consist of fulfillment costs and chargeback handling fees (up to $15 USD per chargeback), if applicable.
We may refuse to process a transaction for any reason or refuse to provide Services 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 stated otherwise, you may choose currency from the options available at the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
NFTMerchandize at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in the marketing and promotional emails or via other channels or events NFTMerchandize may use or participate in.
10. Taxes
Summary: You are responsible for paying any applicable taxes to your local taxing authority, unless we have informed you otherwise.
Aside from the limited circumstances set out below, you are responsible for (and shall charge) all applicable taxes, such as but not limited to sales taxes, VAT, GST and others, and duties associated with the Products (if and as applicable).
In some states in the US and countries, NFTMerchandize may collect the applicable taxes from you as the seller and pay this to the relevant tax authority (if and as applicable). In certain cases you are required to provide a valid exemption certificate such as, without limitation, Resale certificate, VAT ID or ABN.
11. Shipping
Summary: Once you've placed an order, you might no longer be able to edit the order details or cancel it. If you have an issue with the shipment of your order, contact us within 30 days of the delivery or estimated delivery date. In some cases, you may need to reach out to the shipping carrier directly.
Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis.
The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your (if you are a User) or your Customer's (if you are a Merchant) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case NFTMerchandize will not make any refunds and will not resend the Product.
For Users in the European Economic Area or the United Kingdom, the risk of loss of, damage to and title for Products will pass to you when you or a third party indicated by you has acquired the physical possession of the Products.
If you are a Merchant sending orders to your Customers in Germany, the risk of loss and damage to Products pass to you in the moment after the shipment with the Products has crossed the German border (“Moment of Risk Transfer”). In such case, NFTMerchandize will bear the full legal responsibility for the loss of or damage to Products sent to your Customers in Germany in case such loss or damage to Products has verifiably occurred before the Moment of Risk Transfer.
If carrier tracking indicates that a Product was lost in transit, you or your Customer may make a written claim for replacement of (or credit to the Member’s account for) the lost Product in compliance with NFTMerchandize’s Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to NFTMerchandize investigation and sole discretion. NFTMerchandize cannot guarantee delivery to P.O. boxes.
12. Description of products
Summary: We strive towards making our product development process the best we can, yet we can't guarantee that the product representations on our website will be 100% accurate or that the manufacturing stage won't result in damages. To speed up fulfillment, we also offer you product alternatives in case any of your products are out of stock.
While many component parts of our Products are standard, all Products available for purchase are described on their specific 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 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 descriptions, 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 (your Customers), but these damaged items can still be used for charitable purposes. NFTMerchandize reserves 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.
If a Product the Merchant has ordered goes out of stock and the Merchant has not opted-out of Product alternatives in store settings, the Product might be substituted at NFTMerchandize's own discretion and without any express notification with the most appropriate Product alternative in the order to avoid fulfillment delays, unless we can't find a comparable replacement, in which case the Merchant still need to wait for the original Product to be restocked. If the Product alternative costs more than the original Product being substituted, NFTMerchandize will charge the price Merchant has paid for the order of the Product. For Product alternatives that cost less than the original Product, we'll refund you the difference. If you wish to opt-out of alternative Products, you can change it in the store settings. Unless the Merchant has opted-out of Product alternatives in the store settings, Merchant is solely responsible for informing Merchant’s Customers about the Product being substituted with a Product alternative.
13. Purchase of products
Summary: To make sure your orders arrive as quickly as possible, please make sure you submit the correct order details at checkout. NFTMerchandize doesn't take responsibility for missed deliveries due to typos in the delivery information.
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 in the same order which we have not accepted do not form part of that contract. We may choose not to accept any orders in our sole discretion.
Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. NFTMerchandize will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact NFTMerchandize.
We reserve the right to place your order on hold due to print file issues, security concerns, if we need to confirm your address, or in case of other issues. In case your order will be placed on hold, we will give you 30 days to resolve the issue. If you will not resolve the issue or cancel your order within 30 days, we will cancel the order. In case your order is cancelled, we will only make a refund if work on your order has not started yet.
14. Delivery
Summary: While we may provide delivery estimates, we can't provide guaranteed delivery dates. Once NFTMerchandize receives payment for your order (including delivery fees), we fulfill the order and pass it onto the carrier. This is also the moment where you or your customer legally become the owner of the products.
We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate 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.
Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site. It 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 can be 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 Product delivery as simple as possible.
Ownership of the Products will only pass to you/Customer after we receive full payment of all sums due in respect of the Products, including delivery charges and taxes, and deliver the Products to the carrier.
We make no guarantees with respect to any collaboration we undertake with you, including any collaboration with respect to Services, Products (including new Products) or any integration with a vendor platform.
15. Release
Summary: You can’t sue us for anything that we have disclaimed or obtained your release from under this Agreement.
To the fullest extent permitted by law you release us and all other NFTMerchandize 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 NFTMerchandize 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 NFTMerchandize (or for which NFTMerchandize provides no guarantees) under this Agreement, or (b) for which NFTMerchandize is otherwise indemnified or released by you under this Agreement.
16. Indemnity
Summary: NFTMerchandize is not responsible for any damages and liabilities you incur if you break the law, violate these terms or any rights of third parties and it results in legal action (this also includes misrepresentations made by you and any product liability claims).
To the fullest extent permitted by law you will defend, indemnify, and hold NFTMerchandize and the other NFTMerchandize Parties harmless from any claim or demand made by any third party (including, but not limited to, your Customer), as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses of every kind and nature, known and unknown, incurred or suffered by the NFTMerchandize Parties, relating to or arising out of
(a) your breach of this Agreement,
(b) your use (or misuse) of our Services,
(c) your Content,
(d) the infringement by your Content or your account of someone else’s intellectual property or other rights,
(e) your violation of any law or the rights of a third party, or
(f) if you are a Merchant, any claims related to products or items sold by you through our Services, including claims for misrepresentations by you to your Customers and claims for physical injury or property damage by any of your products or items that are warehoused for you by NFTMerchandize.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
17. Governing Law
Summary: If any dispute arises between us we'll apply the laws of the State of Wyoming to resolve it—unless you as a consumer reside in the European Economic Area, Switzerland, or the United Kingdom in which case we'll follow the laws of the Republic of Latvia.
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 Wyoming, 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 a User living in the European Economic Area, Switzerland, or the United Kingdom 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 and the United Kingdom: 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
18. ARBITRATION AND JURY TRIAL WAIVER
Summary: Any legal dispute involving our services (except for situations defined below) will be resolved by arbitration according to the rules in this Section. By using our services, you waive any rights to a jury trial or class actions.
“Disputes” means 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, excluding only claims under the Limited Warranty and claims brought by Users living in the European Economic Area, Switzerland, or Users in the United Kingdom against NFTMerchandize in European Economic Area or in the courts of England and Wales. All Disputes shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (“Commercial Rules”) in effect at that time.
The Rules are deemed to be incorporated by reference into this Agreement. As of the date of this Agreement you can find them here or by calling the AAA at 1–800–778–7879.
The Federal Arbitration Act applies to this Agreement. The arbitration shall be administered by the AAA and shall be conducted by a sole arbitrator selected in accordance with the Commercial Rules unless otherwise mutually agreed by the parties. Unless NFTMerchandize and you agree otherwise, any arbitration hearings will take place in Charlotte, North Carolina, except that, for Users, any arbitration hearings will take place in the county of your residence. Judgment on any arbitration award may be entered and enforced by any court that has jurisdiction to do so.
Any arbitration will take place on an individual basis and neither the arbitrator nor AAA are empowered to conduct a class arbitration, class action or to resolve claims of more than a single claimant in anything other than a single proceeding, unless both parties consent. You and NFTMerchandize acknowledge that AAA may conclude that the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution may be more appropriate in certain cases.
You and NFTMerchandize agree to abide by the decision of the AAA as to the applicable rules in cases where a party may assert that the Commercial Rules are not appropriate.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND NFTMerchandize 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 NFTMerchandize WOULD PREFER TO RESOLVE ALL DISPUTES (AS DEFINED ABOVE) AS PROVIDED BY THIS SECTION 18. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU AND NFTMerchandize 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.
Notwithstanding the foregoing, you may instead assert your claim in any Dispute in “small claims” court if you provide us with written notice of your intention to do so before any claim is submitted to arbitration and provided that (a) your claim qualifies, (b) your claim remains in such court, and (c) your claim remains on an individual, non-representative, and non-class basis.
Also, notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
You and NFTMerchandize shall each bear 50% of all fees and expenses of the AAA and the arbitrator except as otherwise provided by the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution). The arbitrator may award such fees and expenses of the AAA and the arbitrator as well as other expenses and reasonable attorneys’ fees to a prevailing party consistent with the provisions of the Commercial Rules (or, if applicable, the Consumer Arbitration Rules or the Rules for the International Centre for Dispute Resolution).
19. Privacy and Personal Data Processing
Summary: NFTMerchandize's Privacy Policy is an important part of our Terms of Service that explains how your information is used when you use our services. Please read it very carefully.
NFTMerchandize collects your personal data to provide our Services. We are committed to protecting your personal data and privacy and our Privacy Policy details and explains how we are processing Site visitor and User personal information. By accepting this Agreement, you are also accepting and acknowledging our Privacy Policy.
If you are a Merchant and provide us with your customers' personal data, our Data Processing Terms, which are incorporated in this Agreement by reference, apply.
20. General
Summary: Using our services doesn't make you an agent, partner or employee of NFTMerchandize. We're not responsible for any violations of these terms if it's out of our control. If you have any questions about our Terms of Service, feel free to contact us at [email protected].
No agency, partnership, joint venture, employee-employer, franchisor-franchisee relationship, etc. is intended or created by this Agreement.
NFTMerchandize will not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in NFTMerchandize’s performance under this Agreement when such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, such as any fire; flood; earthquake; governmental action; war, invasion or hostilities; national emergency; explosion; terrorist threat or act; riot or other civil unrest; insurrection; epidemic; lockout, strike or other labor dispute (whether or not relating to our workforce); inability or delay in obtaining supplies; telecommunication breakdown; or power outage.
You represent that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement.
To ensure full customer support and a higher quality of service, NFTMerchandize can sign in to customers/users accounts as a customer according to NFTMerchandize's Privacy Policy.
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 section. 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.
NFTMerchandize at its own discretion reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time, including the right to engage third party manufacturing services to perform any Services. If you are a User in the European Economic Area or the United Kingdom and such transfer or assignment may reduce your guarantees under this Agreement, then NFTMerchandize will ask for your permission beforehand.
If you have any questions about this Agreement, please email us at [email protected] .
Custom apparel printing services from various locations in the USA.
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NFT Merchandize is a brand of Padco Marketing LLC, Sheridan, Wyoming 82801
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