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MercHNest™
Terms and Conditions

Effective Date: 01.10.2024

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Welcome to MercHNest™! These Terms and Conditions outline the rules and regulations for venue subscribers using our platform. By subscribing to and using Merchnest™, you agree to these Terms. Please read them carefully.

1. Definitions

  • "MercHNest™" refers to the platform, services, and company facilitating the creation, customization, and sale of branded merchandise.

  • "Subscriber" refers to the venue or business entity that registers and subscribes to MercHNest™ services.

  • "End-Customer" refers to the individual purchasing merchandise through the Subscriber’s store on the MercHNest™ platform.

  • "Subscription Plan" refers to the tiered service levels offered by MercHNest™, such as Free, Basic, Standard, and Premium plans.

2. Subscription Plans

  • Subscribers must choose a subscription plan based on their business needs.

  • Payment for paid plans is billed monthly and must be made in advance.

  • The features and limits of each plan are outlined on the Merchnest™ website. Upgrades and downgrades between plans are subject to availability and may involve additional charges.

3. Subscriber Responsibilities

  • Ensure all designs, logos, and branding materials provided to Merchnest™ comply with intellectual property laws.

  • Advertise the merchandise store in alignment with the guidelines provided by Merchnest™, this means the effort must be made for inhouse promotion, i.e. QR codes displayed on menus, or on other tableware.

  • Provide accurate and up-to-date information when creating your account and setting up your store.

4. Subscriber agreement

  • By clicking through the chosen subscription on the pricing page, the subscriber agrees to the terms and conditions laid out here, as well as the terms of service, available here.

5. Intellectual Property

  • All designs/logos created by Subscribers remain the property of the Subscriber.

  • Merchnest™ retains the right to use Subscriber designs and branded products for promotional purposes on its platform and marketing materials.

  • Subscribers represent and warrant that all Content is original or properly licensed and does not infringe on the intellectual property rights of third parties.

  • Subscribers agree to indemnify Merchnest™ against any claims, damages, or costs resulting from intellectual property disputes.

  • Merchnest™ reserves the right to refuse or remove Content deemed offensive, unlawful, or inconsistent with our values.

6. Product Fulfillment and Delivery

  • Merchnest™ works with third-party fulfillment providers to produce and deliver merchandise. Delivery times and costs may vary by location.

  • Merchnest™ is not liable for delays caused by shipping providers or customs clearance.

  • Subscribers must notify Merchnest™ promptly if they encounter issues with product quality or customer complaints.

7. Taxes and Compliance

  • Merchnest™ manages the collection and remittance of applicable VAT and sales tax where required.

  • Subscribers must comply with all applicable tax regulations in their jurisdiction.

8. Termination of Services

  • Subscribers may cancel their subscription at any time, following a minimum term of one year, but no refunds will be issued for the current billing period (e.g. if cancellation occurs mid-month, or before the minimum term elapses).

  • Merchnest™ reserves the right to terminate a subscription for violations of these Terms and Conditions or misuse of the platform.

9. Liability

  • Merchnest™ is not liable for losses resulting from incorrect designs or Subscriber negligence.

  • Merchnest™ provides the platform "as is" and makes no guarantees regarding sales performance, uninterrupted access, or customer satisfaction.

  • Subscribers agree to indemnify Merchnest™ against all claims, damages, or liabilities arising from their misuse of the platform or violation of these Terms.

  • Merchnest™ is not liable for any harm caused by products sold via the platform, including improper use by End-Customers.

10. Dispute Resolution

  • Any disputes arising from these Terms will be resolved through arbitration in Switzerland, unless otherwise required by law.

  • Subscribers agree to attempt mediation before initiating formal legal proceedings.

11. Changes to Terms

  • Merchnest™ reserves the right to modify these Terms, and the terms of service, at any time. Subscribers will be notified of significant changes and have the right to terminate their subscription if they disagree with the new terms. Continued use of the platform after changes constitutes acceptance of the revised Terms.

12. Risk Mitigation Measures

  • Subscribers must comply with all anti-fraud measures required by Merchnest™. Accounts flagged for fraudulent activity may be suspended.

  • Subscribers must handle End-Customer data, they may encounter, in compliance with GDPR, CCPA, and other applicable privacy laws. Aplicable also to Merchnest™.

13. Contact Us

  • For any questions regarding these Terms and Conditions, please contact us:
    Email: info@merchnest.io
    Phone: +41 78 670 91 86

Thank you for choosing Merchnestâ„¢! We look forward to helping you strengthen your brand and create lasting memories for your customers.

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