Terms of Service

Last updated October 2, 2026

These terms are the agreement between you and [Company legal name] (“The Merch Counter”, “we”, “us”) for using themerchcounter.com, every shop hosted on it, and everything we provide through them (together, the “Service”). By browsing, buying or creating an account you agree to them. If you do not agree, do not use the Service.

1. Who these terms cover

Two kinds of people use The Merch Counter. Shoppers browse the marketplace and buy merchandise. Shops are businesses that open a storefront here to sell merchandise carrying their own brand. Everything in these terms applies to both. A shop also agrees to the Seller Agreement, which adds the terms specific to selling; if the two conflict on a selling matter, the Seller Agreement controls.

Our Privacy Policy, Content & Trademark Policy and shipping and returns policy are part of these terms.

2. Eligibility and accounts

You must be at least 18, or the age of majority where you live if that is higher, to create an account or place an order. The Service is offered to people and businesses in the United States, and orders ship to US addresses only.

If you create an account, the information you give us must be accurate and kept up to date. You are responsible for everything done under your account and for keeping your password secret. Tell us at support@themerchcounter.com straight away if you think someone else has used it. If you open an account on behalf of a business, you confirm that you are authorized to bind that business to these terms.

3. Buying on The Merch Counter

Who you are buying from. When you place an order, you buy from The Merch Counter. We take your payment, arrange printing and delivery, and handle any reprint or refund. The shop whose brand appears on the product designed it and set its price; it is not the seller of record and does not take your payment.

Made to order. Every item is printed after you order it by one of our print partners. Production usually takes 2–5 business days before shipping. Delivery estimates are estimates, not guarantees.

Prices and payment. Prices are in US dollars. Shipping and any sales tax are shown before you pay. Payment is processed by Stripe; we never see or store your full card number. Your order is accepted when we confirm it by email or on the order page, not when you submit it.

When we may cancel. We may refuse or cancel an order — and refund it in full — if the price or description was wrong, if we suspect fraud, if the item cannot be made, or if the design is held or removed under our Content & Trademark Policy.

Title and risk. Ownership of an item passes to you when it is handed to the carrier. If a parcel is lost or arrives damaged, tell us and we will work it out with you under our returns policy regardless.

Printing problems. If an item arrives damaged, misprinted or is not what you ordered, tell us within 30 days of delivery, from the link in your order email, and we will have it reprinted or refund you in full. This applies to every order from every shop.

Returns for size or a change of mind depend on the shop. Each shop either does not accept them or accepts them within a period it states, in which case you are refunded for the item and its share of shipping and tax, and do not need to send it back. The policy that applies to your order is the one shown on the shop’s storefront when you placed it, and it stays with your order if the shop later changes it. We issue every refund. The general policy is on the shipping and returns page. Nothing in these terms limits rights you have under consumer protection law that cannot be waived.

4. Shop content and intellectual property

Shops upload their own logos, artwork, names and descriptions (“Shop Content”). Each shop is responsible for its Shop Content and promises us that it holds the rights to it. We review shops and designs and remove what breaks our policies, but our review is not a guarantee that Shop Content is non-infringing, and it does not make us its author.

If you believe something on The Merch Counter infringes your copyright or trademark, follow our complaint process. We act on valid complaints promptly and terminate repeat infringers.

5. Acceptable use

You agree not to:

upload, sell or order anything that infringes someone else’s rights or breaks our Content & Trademark Policy;
use the Service for anything unlawful, fraudulent or deceptive;
use stolen payment details, abuse refunds, or file chargebacks for orders you received as described;
impersonate a business or person, or open a shop for a business you are not authorized to represent;
scrape, crawl or copy the Service in bulk, or interfere with its security, performance or other users;
reverse engineer the Service except where the law allows it despite this restriction;
harass our staff, our print partners or other users.

6. Our intellectual property

The Service — its software, design, text we wrote, and The Merch Counter name and logo — belongs to us or our licensors. We give you a limited, personal, revocable, non-transferable license to use the Service as these terms allow. Shop Content belongs to the shop that uploaded it, subject to the license it gives us in the Seller Agreement.

If you send us feedback or suggestions, we may use them without owing you anything.

7. Third-party services

Payments are processed by Stripe and items are printed and shipped by third-party print partners. Their own terms govern their services to you where they apply. We are not responsible for websites we link to that we do not operate.

8. Suspension and termination

You may stop using the Service at any time, and you may ask us to close your account. We may suspend or close an account, remove content, or refuse service if you break these terms, if we are required to by law, or if continuing would expose us, our partners or other users to harm. Where it is safe and lawful to do so we will tell you why. Orders already paid for are fulfilled or refunded. Sections 4, 6, and 9 through 13 survive termination.

9. Disclaimers

Except as expressly stated in these terms and except for any warranty that cannot be excluded by law, the Service and everything sold through it are provided “as is” and “as available”. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that colors and placement of printed items will exactly match on-screen previews.

10. Limitation of liability

To the fullest extent permitted by law, The Merch Counter and its officers, employees and partners will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or relating to the Service, even if advised of the possibility. Our total liability for any claim arising out of or relating to these terms or the Service is limited to the greater of (a) the amount you paid us in the twelve months before the claim arose and (b) one hundred US dollars.

Some jurisdictions do not allow these exclusions or limits, so some of them may not apply to you.

11. Indemnity

If a third party makes a claim against us because of content you uploaded, your breach of these terms or your violation of law or of someone else’s rights, you will defend and indemnify us against it, including reasonable legal fees. We will tell you about the claim promptly and let you control its defense, but you may not settle it in a way that admits fault on our behalf without our consent.

12. Disputes and governing law

Most problems are resolved fastest by writing to support@themerchcounter.com, and we ask that you try that first and give us 30 days to put things right before starting a formal claim.

These terms are governed by the laws of [Governing-law state] and applicable US federal law, without regard to conflict-of-law rules. Any dispute not resolved informally will be heard exclusively in the state or federal courts located in [county and state for venue], and you and we consent to their jurisdiction — except that either party may bring an individual claim in small-claims court, and either party may seek an injunction anywhere to protect its intellectual property. If you are a consumer, nothing here deprives you of the protection of mandatory laws of the state where you live.

13. General

Changes. We may update these terms. If a change is material we will give notice on the site or by email before it takes effect, and shops will be asked to accept the new version. Continuing to use the Service after a change takes effect means you accept it.
Entire agreement. These terms and the documents they reference are the whole agreement between you and us about the Service.
Severability. If a court finds part of these terms unenforceable, the rest stays in effect.
No waiver. Not enforcing a provision is not a waiver of it.
Assignment. You may not transfer these terms without our consent. We may transfer them as part of a merger, acquisition or sale of assets.
Notices. We send notices to the email address on your account or for your order. Legal notices to us go to legal@themerchcounter.com and by mail to [Company legal name], [Registered business address].
Force majeure. We are not liable for delays caused by events beyond our reasonable control, including carrier and print-partner outages.

14. Contact

[Company legal name], [state of formation and entity type]. [Registered business address]. Support: support@themerchcounter.com. Legal: legal@themerchcounter.com.