1. About these Buyer Terms
These Buyer Terms govern purchases from merchable.co and the online stores hosted by Merchable (each a Store). Stores carry the name and brand of the business, club, school, charity or other organisation that runs them (Partner), but Merchable is the seller and merchant of record for every item you buy from a Store. Partners use Merchable under our separate Partner Terms.
You accept these Buyer Terms when you place an order, buy a gift card, join a group order or buy an event ticket. You can browse without accepting them.
2. Who you buy from
- New Zealand accounts and Buyers contract with Merchable NZ Limited (company 9462771, NZBN 9429053997074, GST 149-949-259), c/- Rochdale Advisory, Unit 4 Building D, 63 Apollo Drive, Rosedale, Auckland 0632.
- United Kingdom accounts and Buyers contract with Merchable Industries UK Ltd (company 17534178), 66 Paul Street, London EC2A 4NA.
- Australia and all other countries contract with Bootstrap Innovations Pty Ltd, the parent company.
Bootstrap Innovations Pty Ltd collects payments as payment agent for Merchable NZ Limited and Merchable Industries UK Ltd, and a payment to it counts as payment to them. Each of these companies is Merchable, we, us or our. In these Buyer Terms, you means the person who buys from a Store.
3. Prices
Prices are shown in the currency of the Store's country and include GST or VAT where it applies. Delivery charges are shown at checkout before you pay. We do not charge card surcharges. Prices may change, but the price you pay is the one shown when you place your order.
4. Payment
We accept credit and debit cards and Merchable gift cards, processed by Stripe, and any other payment method shown at checkout. If payment fails, we may cancel your order.
5. Orders
Your order is an offer to buy the items in it under these Buyer Terms. Every item is made to order for you after you place your order, and your order is accepted when we send the order confirmation email. We may decline or cancel an order, for example if an item is unavailable, a price or description was wrong, or we suspect fraud. If we cancel after you have paid, we refund you in full.
Once production has started you cannot cancel or change an order, except as set out in clauses 12 and 13.
6. Product descriptions
We take care to describe and show items accurately. Printed colours can vary slightly from what you see on screen, and print size and position can vary slightly between items.
7. Who can buy
Anyone may buy from a Store. If you are under 18, you need a parent's or guardian's permission. You must give accurate delivery and contact details.
8. Delivery and collection
We deliver to the address you give at checkout, or you collect from the club, gym, school or other pickup point the Store offers. Production and delivery times are estimates and are set out in our Shipping & Delivery Policy. Risk in an item passes to you when it is delivered or collected. We do not collect import duties or taxes for deliveries outside the Store's country, and you are responsible for them.
9. Faulty, damaged or wrong items
If an item is faulty, misprinted, damaged, wrong or not delivered, contact Merchable, not the Partner, at hello@merchable.co with your order number and photos, ideally within 30 days of delivery. We will remake, replace or refund it at our cost as the law requires. Our Refunds & Returns policy explains how.
Because items are made to order, we do not accept change-of-mind returns in Australia or New Zealand. Nothing in this clause limits your rights under clauses 12 and 13.
10. Gift cards
Gift cards are digital and valid for 3 years from purchase; the expiry date is shown on the card. They have no cash value and cannot be exchanged for cash except where the law requires. No GST is charged when you buy a gift card; GST is charged on the items it is redeemed for. Gift cards can also pay checkout donations and contributions. If an order paid with a gift card is refunded, the amount goes back onto the card. We will cancel and reissue an unused gift card we can verify you bought.
11. Donations and contributions at checkout
Some Stores support a registered charity or another cause. You may add a donation (for a registered charity) or a contribution (for another cause) at checkout. Merchable receives it as agent for the charity or cause, and it belongs to them from the moment you pay. No GST or VAT is charged on it and discount codes do not reduce it. We pay it to the charity or cause in our payout run early in the following month.
Only donations to a registered charity endorsed as a deductible gift recipient can be tax-deductible; your order confirmation is your receipt and shows the charity's details. Buying merchandise is not a donation, even where part of the price goes to a charity or cause, because the Partner gives that part. If your order is refunded, your donation or contribution is refunded with it. We share your name and email with a registered charity only if you tick the box at checkout, and they may not use them for marketing. How giving works has more detail.
12. Group orders, preorders, event tickets and personalised items
In a group order, each member pays for their own items, and the order is produced once the organiser closes it. Preorders are produced after the preorder closes, and the expected dispatch date is shown before you pay. Event tickets are sold by Merchable as agent for the event organiser, and are refunded in full if the event is cancelled.
If you add a name, number or other personalisation, you are responsible for its spelling and content, and you must have the right to use it.
13. Your consumer rights
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 compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.
New Zealand. If you buy from Merchable NZ Limited for personal use, the Consumer Guarantees Act 1993 and the Fair Trading Act 1986 apply, and nothing in these Buyer Terms limits your rights under them. These Buyer Terms are governed by New Zealand law, and you may use the Disputes Tribunal.
United Kingdom. If you buy from Merchable Industries UK Ltd as a consumer, your goods must be of satisfactory quality, fit for purpose and as described under the Consumer Rights Act 2015. You can reject faulty goods for a full refund within 30 days of delivery, and after that ask for a repair or replacement. You may also cancel within 14 days of delivery without giving a reason, unless the item was personalised or made to your specifications or is an opened hygiene item. Tell us at hello@merchable.co, return the item within 14 days and pay the return postage, and we refund you within 14 days of receiving it back. You keep the protection of the law of the part of the UK where you live and may use your local courts.
Other countries. If you buy from Bootstrap Innovations Pty Ltd from outside Australia, you also keep any rights the consumer law of your country gives you that cannot be excluded.
14. Liability
Nothing in these Buyer Terms limits any liability that cannot be limited by law, including under clause 13. Subject to that, we are not liable for loss that was not reasonably foreseeable when you placed your order.
15. Intellectual property
The designs on items belong to the Partner or its licensors, and the Website belongs to Merchable. Buying an item does not give you any right to copy or resell its design.
16. Privacy
Our Privacy & Cookie Policy explains how we handle your personal information.
17. Complaints and disputes
If you have a problem with an order or a Store, contact us at hello@merchable.co. Our Complaints Policy explains how we respond. You may also contact a consumer regulator or tribunal at any time.
18. Governing law
Subject to clause 13, these Buyer Terms are governed by the laws of Queensland, Australia, and the courts of Queensland have non-exclusive jurisdiction.
19. Changes and severance
We may update these Buyer Terms. The version on our website when you place your order applies to that order. If any part of these Buyer Terms is found to be void or unenforceable, that part is severed and the rest remains in force.