You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, trojan, worm, logic bomb or post any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. Merrrch will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
The use of automated systems or software to extract data from this Website for commercial purposes, (‘screen scraping’) is prohibited without license.
Intellectual Property, Software and Content
The intellectual property rights in all software and content made available to you on or through this Website remains the property of Merrrch or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Merrrch and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
You shall not modify, translate, reverse engineer, decompile, disassemble or create derivative works based on any software or accompanying documentation supplied by Merrrch or its licensors. Merrrch™ is a trade mark belonging to Merrrch. No licence or consent is granted to you to use these marks in any way, and you agree not to use these marks or any marks which are colourably similar without the written permission of Merrrch.
Merrrch Community Areas
Merrrch reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.
• Submission of material
You own all of the content and information you post on the Website. In addition:
For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, subject to your privacy settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Merrrch (“IP License”). This includes for example and without limitation the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. In certain circumstances Merrrch may also share your contribution with trusted third parties.
This IP License ends when you delete your IP content or your account provided that your content may still be accessible if it has been shared with others, and we are not obligated to delete IP content shared by you. You also acknowledge that Merrrch is not obliged to publish any material submitted by you on any Merrrch publication.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
When you publish content or information using the “Public” setting, it means that you are allowing everyone, including other Website users , to access and use that information, and to associate it with you (i.e. your name and profile picture). We advise that you never reveal any personal information about yourself or anyone else (telephone number, home address, business address, delivery address or email address or any other details that would allow you to be personally identified).
We always appreciate your feedback or other suggestions about Merrrch, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
By submitting any material to us, you agree to use the Merrrch Community Areas in accordance these Terms and Conditions.
If you do not want to grant Merrrch the permission set out above on these terms, please do not submit or share your contribution on the Community Areas.
The Service provides you with the ability to interact with social media services, such as through Facebook “Like” buttons, Twitter and otherwise. These features may enable integration and/or access to your social media accounts. We do not control those social media services, your profiles on those services, modify your privacy settings on those services or establish rules about how your personal information on those services will be used. You and the social media service providers are in control of those issues, not Merrrch. You are encouraged to read all policies and information on the applicable social media services to learn more about how they handle your information before using any such features made available to you on our Service. We are not responsible for any acts or omissions by any social media service provider or your use of features that come from their platform.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with Merrrch you must be over 16 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Merrrch retains the right to refuse any request made by you, and Merrrch reserves the right to close your Merrrch account at its sole discretion. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Merrrch or may in some cases be a third party. Where a contract is made with a third party Merrrch is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes. Please be aware that some of the goods sold through our Websites may not be suitable for children under 18 years of age, so please take extra care when purchasing goods as gifts, for under 18’s.
a. Our Contract
i. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved us and we have debited your credit or debit card.
b. Pricing and Availability
i. Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly where applicable and included in the ‘Total Cost’.
ii.The Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We reserve the right to refuse to fill any orders that you may place based on information on the Service that may contain errors or inaccuracies, including, without limitation, errors, inaccuracies or out-of-date information regarding pricing, shipping, payment terms, or return policies.
i. Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
Gift Vouchers, Gift Cards & Promo Codes
A. Merrrch Gift Vouchers
- To purchase an Merrrch gift voucher, use our website search functionality to search for “Gift Voucher”. Then, follow the instructions to order your gift voucher.
- If you are purchasing a gift voucher as a present, please double check the delivery email address you enter – it is your responsibility to do so and we’re afraid we can’t be held responsible if a gift voucher is used by someone other than your recipient if the email address entered is incorrect. In addition, we can’t take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery.
- We’re afraid we can’t accept any responsibility for stolen, lost or deleted gift vouchers. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the gift voucher safe.
- Once you’ve made your purchase, we’ll dispatch your gift vouchers as soon as payment has been cleared or on your specified delivery date (if this is later). We’re afraid we can’t be responsible for any delays, no matter how they are caused. From time to time, gift vouchers may get caught in pesky spam filters, so ask the recipient to check these filters. We can’t take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, the capacity of the recipient’s mailbox or any other factors outside of our control.
- We advise you to lock your gift voucher to your Merrrch account as soon as you can once you receive it to keep it safe. You can do this by logging into your Merrrch account and visiting the “My Account” section and entering the code into the gift voucher section. The voucher will be waiting for you in checkout when you make your next purchase.
- Once a gift voucher has been locked to an individual’s Merrrch account, the gift voucher becomes their property and can be used as full or part payment for product/s on the Merrrch Website.
- After a gift voucher has been locked to an individual’s account, we reserve the right to refuse to discuss the gift voucher further with the individual who initially purchased it.
- Gift vouchers can only be redeemed when you purchase your order in Great British Pounds (GBP).
- Gift vouchers are valid for 24 months from the date of purchase and can be used across multiple orders. After 24 months, any remaining balance will be cancelled.
- You may use more than one gift voucher on a single order.
- Gift vouchers can be used in conjunction with other promotional and discount codes.
- If the value of your purchase is less than the value of the gift voucher, your spend will be deducted and the remaining balance can be redeemed when you next make a purchase. If your order exceeds the value of the gift voucher, you can pay the remaining balance using another payment method.
- When you return or cancel a Merrrch order and a gift voucher was used as full payment, your refund will be issued to you in gift vouchers (i.e. we will not refund money to you in these circumstances). There will be no monetary exchange for returned or cancelled orders made with gift vouchers.
- When you part return or cancel a Merrrch order and a gift voucher was used as part payment, the equivalent refund by way of money spent and gift vouchers will be issued to you in that order.
- We reserve the right to amend these terms and conditions at any time.
B. Merrrch Gift Cards
- Gift cards are valid for 24 months from the day it is activated, and once expired, any remaining balance will be cancelled and your gift card will be void.
- Gift cards can only be redeemed on merrrch.com
- Gift cards cannot be topped up.
- Merrrch cannot be responsible or replace lost, damaged or stolen gift cards.
- We advise you to lock your gift card to your Merrrch account as soon as you can to keep it safe. You can do this by logging into your Merrrch account and visit the “My Account” section and entering the code from your gift card into the gift voucher section. The voucher will be waiting for you in checkout when you make your next purchase.
- Gift cards can only be redeemed in the currency shown on the card.
- Once a gift card has been locked to an individual’s Merrrch account, the value of the gift card is non-transferable
- Once a gift card has been locked to an individual’s Merrrch account, the gift card becomes their property and can be used as full or part payment for product/s on the Merrrch Website.
- After a gift card has been locked to an individual’s account, we reserve the right to refuse to discuss the gift card further with the individual who initially purchased it.
- You may use more than one gift card on a single order.
- Gift cards can be used in conjunction with other promotional and discount codes.
- If the value of your purchase is less than the value of the gift cards, your spend will be deducted and the remaining balance can be redeemed when you next make a purchase. If your order exceeds the value of the gift card, you can pay the remaining balance using another payment method.
- When you return or cancel a Merrrch order and a gift card was used as full payment, your refund will be issued to you in gift vouchers (i.e. we will not refund money to you in these circumstances). There will be no monetary exchange for returned or cancelled orders made with gift cards.
- When you part return or cancel a Merrrch order and a gift card was used as part payment, the equivalent refund by way of money spent and gift vouchers will be issued to you in that order.
- We reserve the right to amend these terms and conditions at any time.
C. Promo Codes
- From time to time, we may offer promo codes which may apply to any, or certain specified purchases made through the Merrrch Website.
- There are two ways of receiving a promo code:
- We may send one to you via email for reasons such as, without limitation, your birthday, your Merrrch anniversary and student validation.
- From time to time, we may offer promo codes on the Merrrch Website that you can apply at checkout in order to receive a specific discount from us.
- Only one promo code can be used against an order at any one time.
- A promo code can’t be applied to an order after that order has been placed.
- A maximum spend limit of £500 (or equivalent local currency) pre-discount applies per order.
- Certain brand or product category exclusions may apply so we’ll let you know if you can’t use your promo code on anything before you complete your purchase.
- If the promo code has expired, you won’t be able use it.
- We’re afraid we can’t accept any responsibility once we have given you a promo code and we are not obliged to provide you with a replacement if it gets lost and/or gets used by someone else as this will result in the promo code being cancelled.
- If a promo code is offered on the Merrrch Website and can’t run properly because of fraud, tampering, technical errors or anything else that is beyond our control which affects the running, administration, security or fairness of the promo code, we reserve the right to cancel, modify or suspend the promo code.
- Promo codes are non-transferable and cannot be exchanged for cash. If you receive a promo code, it can only be used by you on your own Merrrch account for the purpose for which it was issued. You must keep it confidential and only use it for making your own orders on Merrrch. Don’t pass your code directly on to others or make it available to others (for example, posting it on social media or on a forum). If we believe that at the point of purchase or retrospectively you are abusing the use of promo codes in any way (for example, selling them to others), we reserve the right to cancel your promo code or suspend/close your Merrrch account without letting you know beforehand.
- We reserve the right to amend these terms and conditions at any time.
- The promoter is First Cheer Ltd, 2A Merle Avenue, Uxbridge, UB9 6DG, United Kingdom.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Merrrch and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Merrrch’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trade marks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Merrrch and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Merrrch.
You agree to indemnify, defend and hold harmless Merrrch, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Merrrch shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Merrrch. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Merrrch.
Ethical Sourcing Policy
As a reputable and trusted business committed to offering its customers high quality products, Merrrch recognises its obligation to ensure that suppliers are operating ethically.
We expect our suppliers to consistently provide an environment which protects their employees’ health and safety and basic human rights.
All suppliers are expected to comply with their national employment laws and regulations with particular regard to:
• Minimum age of employment
• Freely chosen employment
• Health and safety
• Freedom of association and the right to collective bargaining
• No discrimination
• No harsh or inhumane treatment
• Working hours
• Rates of pay
• Terms of employment
Merrrch will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instil these principles when dealing with their own supplier base.
Because of the sometimes complex nature of our suppliers’ supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as Merrrch continues to grow it recognises the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.