Merkato partners with a third party print on demand company for businesses who wants to outsource the printing component. Merkato white-label prints and dropships the products (“Products”) directly to your customers (“Customers”).
1. Access & Membership
In order to enjoy all the benefits of Merkato, the User must register and become a member (“Member”). Membership requires that the User registers on the Site (including by filling-out all required personal information). The User may opt out of marketing and promotional e-mails. The User may cancel its membership at any time by canceling online on the Site. To complete registration, the User shall provide an email address and a password. The User may never use another’s Merkato account without permission from that user. The User is solely responsible for the activity that occurs on User’s account, and User must keep its account password secure. The User must notify Merkato immediately of any breach of security or unauthorized use of its account. Although Merkato will not be liable for the User’s losses caused by any unauthorized use of its account, User may be liable for the losses of Merkato or others due to such unauthorized use.
Merkato may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature, or content. Merkatomay also impose limits on certain features and Services or restrict User’s access to parts or all of the Services without notice or liability. The User certifies to Merkato that if User is an individual (i.e., not a corporation) the User is at least 18 years of age. The User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
Merkato reserves the right, at its discretion, to modify this Agreement, fees, charges, terms at any time. The User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by the User following such notification constitutes the User’s acceptance of the terms and conditions of changes as modified.
3. Content and Copyright policy
When you post, submit, or upload images, pictures, data, text, photographs, graphics, messages, or other materials (“Content”) on the Site you represent and warrant that:
1. you own all copyright in the Content, or if you are not the owner, that you have permission to use the Content, and that you have the right to display, reproduce and sell the Content as Merkato products. You license Merkato to use and sub-license the Content in accordance with this Agreement;
2. you and your Content do not and will not infringe upon the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy.
Merkato reserves the right to review, and if necessary remove, any Content from the Site or to cancel your account at its sole discretion, either because that content breaches this Agreement or any applicable laws, or otherwise.
This means that you, and not Merkato, are entirely responsible for all Content that you upload for sale as Products, post, email, transmit or otherwise make available via the Services. If you believe that Content or other material residing on or accessible through the Merkato Service infringes your copyright, please send a notice of claimed copyright infringement to us.
Merkato does not and will not own the copyrights and other intellectual property rights of your Content, so Merkatowill not distribute, sell or rent your Content to any other persons, companies, etc.
4. Responsibility of site members and visitors
Violation of any of this Agreement or other rules will result in the termination of your Merkato account.
Merkato and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Merkato Services. Without limiting the foregoing, Merkato and its designees shall have the right to remove any Content. You agree that you must evaluate, and 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 Merkatoor submitted to Merkato, including without limitation information in Merkato collaborations, posts and in all other parts of the Merkato Services.
Without limiting other remedies, we may limit, suspend or terminate our Service and User accounts, prohibit access to our Site, delay or remove hosted Content, and take technical and legal steps to keep Users off the Site if we think that they are creating problems, possible legal liabilities, 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. The User is responsible for providing Merkato with accurate information (including but not limited to its retail price). If the User has provided Merkato with inaccurate or false information, (a) the User shall be liable to Merkatofor damages and losses (including but not limited to Sales Tax) arising out of such inaccurate or false information and (b) the User shall reimburse such damages and losses (including but not limited to Sales Tax) to Merkato, and (c) Merkato shall have the right to charge the Client for such damages and losses (including but not limited to Sales Tax).
5. Payments and fees
Merkato may save Member’s credit or debit card information and use it for all future shipments and charges, which will automatically be charged to the saved card, unless the Member notifies Merkato through the Site. When you order a Product, or use a Service that has a fee, you will be charged then current fees, which we may change from time to time (such when we have holiday sales or offer you discount of base product price). 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. The sale will be submitted for processing and you will be charged as soon as you click on the “confirm” button. You will then receive an e-mail from us.
By placing an order through the Site, 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 unfounded chargeback, the User shall reimburse Merkato for its losses, which consist of fulfillment costs and chargeback handling fees ($15 USD per chargeback).
We may refuse to process a transaction for any reason or refuse Service 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 otherwise stated, all fees and payments are quoted in U.S. Dollars. The User is responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you will receive an e-mail from us confirming the details, description and price for the Products ordered together with some information on your rights to return your goods. Payment of the total price plus delivery must be made in full before dispatch of your Products.
Discounts apply to eligible monthly recurring charges before taxes, shipping and other fees. Discounts are awarded only to Users over certain threshold of monthly revenue in the preceding calendar month. These tiers are listed on our Site and are subject to change. Merkato at its sole discretion may change, suspend or discontinue these discounts at any time.
6. Local taxes
User is responsible for all sales taxes (as applicable). If the User is located in California or North Carolina, it is required to provide a valid California Resale Certificate or North Carolina Resale Certificate or all orders sent to California/ North Carolina are subject to California/North Carolina sales tax rates on top of retail rates.
If the User is located in California, California tax rate is calculated as a percentage of retail price when it is provided to Merkato by User. When retail price of goods is unknown, Merkato calculates tax rate from Merkato price plus 10% in accordance with California Regulation 1706.
7. Shipping and returns
Once you have clicked on the “confirm” button, it is not possible edit or cancel your order. If you want to change some parameters, Customer addresses, etc., please contact us as soon as possible. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products and credits to the Member’s account for Products claimed as damaged or not received are subject to Merkato investigation and discretion.
The risk of loss and title for such items pass to the User upon our delivery to the carrier. It is the Customer’s responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Merkato will not make any refunds and will not resend the Product.
Merkato will review replacement/return requests only (a) if there will be missing or broken Product, or a print error if it is Merkato fault and (b) if Merkato will receive a complaint within 30 days from the day the Product was delivered to the Customer (or within 30 days after the estimated delivery date, if the Product is missing).
8. Description of products
Whilst many component parts of our Products are standard, all Products available for purchase are described on their specific design 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 thus 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 colours 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 they won’t be shipped out to Users and Customers, however they can still be used for charitable purposes. Merkato reserves the right to donate all damaged items with full or partial designs to charity and the User hereby waives its right to collect royalties or other fees regarding damaged products that are donated.
9. Purchase of products
Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an e-mail order confirmation. Any Products on the same order which we have not confirmed in a order confirmation e-mail do not form part of that contract.
Merkato shall under no circumstances be held liable for any special losses due to specific circumstances of the User an/or Customer, indirect or consequential losses or wasted expenditure.
Orders are placed and received exclusively via the Site. Before ordering from us, it is the Member’s responsibility to check and determine full ability to receive the Products. Correct Customer’s address and post code/zip code, User’s up-to-date telephone number and e-mail address are absolutely necessary to ensure successful delivery of Products.
All information asked on the checkout page must be filled in precisely and accurately. Merkato will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, notify change in a phone number or any other special requirements, please contact Merkato.
We deliver to Users/Customers to most places in the world. User is responsible for delivery prices. 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 sort of Products are packaged and shipped separately. We can not guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Flat rate delivery times are 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 are 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 delivery of Product as simple as possible.
Ownership of the Products will only pass to you/Customer when we receive full payment of all sums due in respect of the Products, including delivery charges.
You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree that Merkato has no control over and does not guarantee the delivery of the advertised collaborations and that Merkato shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
12. Trade marks
If you use any of our trade marks in reference to our Products or Services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, Products or Services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including the Site).
You will indemnify and hold Merkato (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
14. Law and Jurisdiction
If a dispute arises between you and Merkato, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in the State of California. Any dispute or claim arising out of or in connection with Agreement or its formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of the State of California.
No agency, partnership, joint venture, employee-employer, franchiser-franchisee relationship, etc. is intended or created by this Agreement.
You acknowledge that you have all necessary permits to grant us with Customer’s personal data to fulfill this Agreement.
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.
Merkato reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time.