Terms of Service

Key Terms:

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:

  • We may disclose your personal information to third parties, as set out in our privacy policy;
  • We may cancel, at any time before delivery and for whatever reason, an order that we have previously accepted (in this instance, we will provide you with a refund or store credit);
  • Our liability under these terms is limited to the price paid by you for the products the subject of the relevant claim, and we will not be liable for consequential loss; and
  • We will have no liability for loss of, or damage to, the products, any injury or loss to any person, failure or delay in providing the products or a breach of the Terms or any law, where such loss was caused or contributed to by any event or circumstance beyond our reasonable control or your acts or omissions.

Nothing in these terms limit your rights under any applicable consumer law.

Mercha provides custom promotional products and avoids you the hassle of dealing with distributors and manufacturers. We hope you love our products! Before you order from us, here are a few terms and conditions to make sure we’re on the same page!

1       Acceptance

(a)    This website (Site) is operated by Mercha Operating Group Pty Ltd, trading as Mercha ABN 35 654 605 937 (we, our or us). These terms and conditions (Terms) are between us and you, the person placing an order for products through the Site. If you are using the Site on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
(b)    You accept these Terms by placing an order via the Site.
(c)     You must not use the Site and/or place an order for products through the Site unless you are at least 16 years old.

2       Accounts

(a)    An account is not required to make a purchase
(b)    You must ensure that any personal information you give to us when creating an account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
(c)     It is your responsibility to keep your account details confidential. You are responsible for all activity on your account, including purchases made using your account details.

3       Orders

(a)    You may order products from us as set out on the Site. Any order placed through the Site is an offer by you to purchase a particular product or products for the price notified (including the delivery and other applicable charges and taxes) at the time you place your order.
(b)    We may, at our absolute discretion, accept or reject an order. We will endeavour to notify you of a rejection at the time of the order or within a reasonable time thereafter.
(c)     Each order that we accept results in a separate binding agreement between you and us for the supply of products in accordance with the Terms.
(d)    It is your responsibility to check the order details, including selected products and pricing, before you submit your order through the Site.
(e)    We aim to display the colours and textures of the products as accurately as possible, however, they can appear slightly different on your screen or device. The appearance of customised products, including their colour, the designs and other feature, may be different than in real life.
(f)     When you order and pay on the Site or once you have paid offline and your payment has been validated, we will provide you with an order confirmation email, which may include an order number, the delivery and billing addresses and a description of what was ordered.

4       Intellectual property

(a)    All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the products) will at all times vest, or remain vested, in us.
(b)    You may use the Site to customise your product using items available on the Site, such as icons, fonts, colour schemes and design effects. You agree you do not own any combination of any items we provide to you, and that we retain all intellectual property ownership in all customisation of our products.
(c)     Where you upload your own design to our Site to customise your products (Your Content), you agree that:
(1)         you are either the owner of the copyright or you have a license from the copyright owner to reproduce Your Content, so that we can provide you the product;
(2)         by uploading Your Content, you grant us a perpetual, worldwide, non-exclusive, transferable right to use, copy, reproduce, process, adapt, publish, display and distribute Your Content for the purpose of providing you the product; and
(3)         Your Content will not violate or infringe the rights of others (including their privacy or intellectual property rights), will not contravene law, contain explicit or sexual imagery, contain vulgar, obscene, profane wording or imagery, or may harass or cause distress to, or incite hatred of any person.
(d)    You must not, without our prior written consent:
(1)         except as set out in these terms, copy or use, in whole or in part, any of our intellectual property;
(2)         reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
(3)         breach any intellectual property rights connected with the Site or the products, including (without limitation) altering or modifying any of our intellectual property; causing any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.

5       Price and payments

(a)    You must pay us the purchase price of each product you order plus any applicable delivery costs based on the delivery options selected by you as set out on the Site (the Price) in accordance with this clause. All amounts are stated in the currency set out on the order page and any value added tax will be set out separately (where applicable).
(b)    You must pay the Price using one of the methods set out on the Site. If you pay on Site, via our third party payment processor, the payment will be subject to the payment processor’s terms and conditions.
(c)     You must not pay, or attempt to pay, the Price by fraudulent or unlawful means. In the absence of fraud or mistake, all payments made are final.  If you make a payment by debit card or credit card, you warrant that the information you provide to us is true and complete, that you are authorised to use the debit card or credit card to make the payment, that your payment will be honoured by your card issuer, and that you will maintain sufficient funds in your account to cover the Price.
(d)    We may allow you to pay offline by us issuing you an invoice once you have placed your order or by bank transfer to the account details we provide to you. You must pay the invoice by the payment method and in accordance with the terms of the invoice. We will not process your order until full payment of the Price has been made.
(e)    We may from time to time issue promotional discount codes for certain products on the Site. To claim the discount, you must enter the promotional discount code at the time of submitting your order through the Site. The conditions of use relating to promotional discount codes will be specified on the Site at the time they are issued. We may also from time to time run competitions on the Site or associated social media platforms. Such competitions are subject to terms and conditions which will be made available on the Site at the time of the competition.

6       Availability and Cancellation

(a)    All purchases made through the Site are subject to availability. We do our best to keep products in stock and to keep the Site up to date with the availability of products.
(b)    We reserve the right to cancel, at any time before delivery and for whatever reason, an order that we have previously accepted, including where there is a considerable delay in dispatching your order, if for any reason we cannot supply the products you order (for example for an event beyond our reasonable control) or if products ordered were subject to an error on our Site (for example in relation to a description, price or image). We will contact you using the details you provided when you placed your order.

7       Delivery, Title and Risk

(a)    We deliver Australia wide (unless the delivery company does not deliver to your area).
(b)    Delivery costs will be set out separately and will depend on the options you select (and the addresses to which you request we deliver the products).
(c)     Any delivery periods displayed on the Site are estimates only, based on the information provided by the delivery company.
(d)    We may deliver the products using a range of delivery methods. You will need to sign for deliveries. Depending on the delivery provider, you may have the choice to have the delivery left at a place of your choosing at the delivery address. We will not be responsible for any loss that occurs due to delivery in this manner.
(e)    Risk in the products will pass to you as soon as they are delivered to the delivery address you provided in your order.

8       Returns

Change of mind returns
(a)    Our products are customised and bespoke so we do not offer returns or refunds for change of mind or other circumstances.

Australian Consumer Law
(b)    Nothing in these Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law. In Australia, our goods come with guarantees which 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. Any and all other warranties or conditions which are not guaranteed by the Australian Consumer Law are expressly excluded where permitted, except to the extent such warranties and conditions are fully expressed in these Terms.
(c)     Where you return the products to us to seek an Australian Consumer Law remedy, you will need to cover any associated costs (for example delivery costs) of you returning the products to us.
(d)    Where your claim is a valid claim under the Australian Consumer Law, we will refund your return delivery costs and, depending on the failure, either dispatch a new or repaired replacement product or refund you the Price of the relevant product. Please contact us for further information.

9       Limitations

(a)    Despite anything to the contrary, to the maximum extent permitted by law:
(1)         our maximum aggregate liability arising from or in connection with the Terms (including the products and/or the subject matter of the Terms) will be limited to, and must not exceed the portion of the Price paid by you to us for the products the subject of the relevant claim; and
(2)         we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

10    Collection Notice

(a)    We collect personal information about you in order to enable you to access and use the Site, to contact and communicate with you, to respond to your enquiries, to manufacture, process and dispatch your orders and for other purposes set out in our Privacy Policy.
(b)    We may disclose that information to third party service providers who help us deliver our services (including our suppliers, their delivery company, our inventory management software, information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our products to you. 
(c)     Our Privacy Policy contains further information about: (i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process. 
(d)    By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.

11    General

(a)    Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(b)    Photographs: If you provide us with photographs of the products, including via email or by tagging us on social media, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes including on the Site and social media.
(c)     Prohibited Conduct: We reserve the right not to produce any item, where we reasonably believe Your Content may contravene law, contain explicit or sexual imagery, is vulgar, obscene, profane, may harass or cause distress to, or incite hatred of any person.
(d)    Feedback and complaints: We are always looking to improve our services. If you have any feedback or a complaint, please notify us on our contact details below and we will take reasonable steps to address any concerns you have.
(e)    Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
(f)     Force Majeure:  We will be liable for any delay or failure to perform our obligations under these Terms if such delay or failure is caused or contributed to by means any event or circumstance which is beyond our reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, chemical or biological contamination, any widespread illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to this disease or illness) or epidemic.
(g)    Governing law: These Terms are governed by the laws of Queensland, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

For any questions and notices, please contact us at:

Mercha Operating Group Pty Ltd ABN 35 654 605 937

Email: hello@mercha.com.au

Last update: 25 November 2021