1. Who these terms are between
The service is operated by Merch5 Inc, 220 E 23rd St, Office 400, New York, NY 10010, United States. In this document "we", "us" and "Merch5" mean that company, and "you" means the person or business using the platform to sell merchandise.
By creating an account, embedding the widget or placing an order through Merch5 you accept these terms. If you are accepting them for a company, you confirm you are allowed to bind that company.
2. What Merch5 does
Merch5 is a platform for selling printed merchandise without inventory. We give you a storefront, an embeddable widget, a product catalog, a mockup generator, a cart and checkout, and we handle printing, packing and delivery of the orders your customers pay for.
We are the manufacturer and the fulfillment provider. The brand your customers see is yours, and so is the relationship with them.
3. Your account
You need an account to sell. Keep its details accurate and its credentials to yourself — anything done through your account is treated as done by you.
One person or company per account. You may run as many stores inside it as you like.
We can suspend or close an account that breaks these terms, is used for fraud, or is used to sell content we are not allowed to print. Where it is reasonable to warn you first, we will.
4. Your designs and your content
Your designs stay yours. Nothing in these terms transfers ownership of your artwork, logos or brand to us.
To do our job we need a licence: by uploading a design you allow us to reproduce it on products, render mockups of it, store it, and show it inside your own store and dashboard. The licence lasts as long as you sell the item and ends when you remove it, except for copies we must keep for order records and legal obligations.
You confirm that you own the rights to everything you upload, or have permission to use it commercially. If a rights holder comes to us about your design, we will tell you and may remove the item while it is sorted out.
5. What we will not print
We will refuse, and may remove without notice, anything that is:
- infringing someone else's copyright, trademark or likeness, including counterfeit branding
- illegal to produce or to ship in the countries involved
- hateful towards people because of race, ethnicity, religion, disability, gender, orientation or nationality
- sexually explicit, or sexualising minors in any way
- inciting violence, self-harm or terrorism
- misleading about health, medicine or official status — for example fake credentials or safety marks
This list is not exhaustive. The decision on a borderline design is ours, and we will explain it if you ask.
6. Prices, costs and payouts
You set the retail price of every item in your store. We charge production and delivery out of an order that has already been paid for, and the difference is your margin.
Opening a store, generating mockups and hosting it all cost nothing. Paid plans add branding of the parcel and operational depth, not the ability to sell.
Your margin collects in the dashboard and is paid out automatically every two weeks, provided the balance is above the minimum shown in your account and your payout details are valid.
Prices for production and delivery can change — for example when a blank or a carrier changes its price. We will show the new cost in the app before it applies to new orders.
Taxes on your sales are your responsibility. We charge tax on our own services where the law requires it.
7. Production, delivery and the guarantee
Each order is routed to the production partner closest to the buyer and shipped with tracking to more than 100 countries. Delivery dates shown in the app are estimates, not promises — customs and carriers are outside anyone's control.
If a print is faulty or a parcel is lost or damaged in transit, we reprint it or refund it, within 14 days of delivery or of the date delivery was due. That is what the 99% satisfaction guarantee means in practice.
Buyer-side returns — wrong size ordered, changed mind — follow the policy you publish in your own store. Printed-to-order items are made for one buyer, so we do not take them back as stock.
8. Your customers
Your store speaks to your customers under your brand, and you decide what it promises them. Keep that promise consistent with what this page says we actually do.
You are responsible for the lawfulness of your own store: the policies you publish, the claims you make and the consumer rights that apply where your buyers live.
9. Our platform
The platform, the widget, the catalog data, the mockup engine and the Merch5 name and logo belong to us. You may use them to run your store; you may not copy them, resell access to them or take them apart.
We change the platform constantly — features appear, improve and occasionally retire. Where a change removes something you depend on, we will give you notice in the app.
10. Availability
We work to keep the service up, but we do not promise uninterrupted availability. Maintenance, incidents and third-party failures happen, and the free plan carries no uptime commitment.
11. Liability
Nothing here limits liability that cannot be limited by law — including death or personal injury caused by negligence, and fraud.
Beyond that, we are not liable for lost profit, lost sales, lost data or indirect damage, and our total liability for any claim is limited to the amount we charged you for the orders it concerns in the three months before the claim.
12. Indemnity
If someone brings a claim against us because of a design you uploaded, a promise your store made or a law your store broke, you cover the reasonable cost of defending it.
13. Ending the agreement
You can stop at any time: close your stores and your account. We will still pay out any balance you have already earned, and we will still fulfil orders your customers have already paid for.
We can end the agreement for a serious or repeated breach of these terms. Orders already paid for are fulfilled either way, unless the law stops us.
14. Law and disputes
These terms are governed by the laws of the State of New York, and disputes belong to the courts of New York County, unless the consumer law of your own country gives you a different right.
Before going to court, write to us. Most disagreements turn out to be a misunderstanding about an order.
15. Changes to these terms
We will update this page when the service changes. If a change affects your rights in a meaningful way, we will tell you in the app or by email before it takes effect. The date at the top shows the current version.
16. Contact
Merch5 Inc, 220 E 23rd St, Office 400, New York, NY 10010, United States. Email hello@merch5.com, phone +1 (516) 613-3824.