Merchables
Terms of Service
Last updated:
These terms are an agreement between you and Merchables (“Merchables”, “we”, “us” or “our”). They apply when you use the Merchables app, merchables.io and related services (together, “Merchables”).
Please read them together with our Privacy Policy. By creating an account or using Merchables, you agree to these terms.
1. Who can use Merchables
- You must be 13 or older to use Merchables. When you sign up, you must give your real date of birth.
- If you are under 18, you must have permission from a parent or guardian to use Merchables. Some features, such as buying, selling and receiving payouts, need a parent or guardian to be involved.
- You cannot use Merchables if we have banned you, or if the law does not allow you to use it.
2. Your account
- Give accurate information when you sign up, and keep it up to date.
- Keep your password safe. You are responsible for what happens on your account.
- An account is for one person. Do not sell, share or transfer your account.
- We may change or reclaim a username that impersonates someone, uses someone else’s trademark, or breaks these terms.
- If you think someone else has used your account, tell us straight away at communicate@merchables.io.
3. Your content
You keep ownership of the designs, photos, videos, captions and comments you post (“your content”).
You give Merchables a worldwide, non-exclusive, royalty-free licence to host, store, copy, display, distribute and adapt your content (for example, to resize, crop or convert it) so that we can run, improve and promote Merchables. This includes showing your content in feeds, profiles, search results, shares and link previews.
If you make a design available as merch, you also allow us and our print partners to create product previews of it, and to print, sell and deliver products that carry it. You can turn merch off for a post at any time. This stops new merch for that post but does not cancel orders that people have already placed.
The licence ends when you delete your content or your account, except where we need to keep copies to complete orders already placed, for legal or safety reasons (as our Privacy Policy explains), or in backups for a limited time.
When you post content, you promise that:
- you created it, or you have all the rights and permissions needed to post it and to let us use it as above;
- it does not infringe anyone’s copyright, trademark, privacy or other rights;
- anyone who can be identified in it has agreed to it being posted.
4. Community rules
Merchables is for culture you can wear. To keep it safe, you must not post, sell or do any of the following:
- nudity or sexual content of any kind;
- anything that sexualises, exploits or endangers children. We remove it, keep the evidence the law requires and report it to the authorities;
- harassment, bullying, threats, or hate based on who someone is;
- content that promotes violence, terrorism, self-harm or eating disorders;
- illegal goods or services, weapons or drugs, or content that promotes gambling;
- content that infringes copyright or trademarks, such as club crests, brand logos or other people’s artwork used without permission, and counterfeit goods;
- spam, scams, impersonation, fake engagement or misleading content;
- someone else’s private information, such as their address or phone number;
- attempts to hack, overload, scrape or interfere with Merchables, or to get around our safety features, such as blocks, age checks or moderation.
Content about alcohol and nightlife must follow our rules for age-restricted content, and we may show it to adults only.
5. Moderation, reports and enforcement
- We review content. We may remove or restrict any content or account that breaks these terms or the law, or that puts people at risk.
- A design must be approved before it can be sold as merch. We may refuse any design.
- You can report content and accounts in the app, and you can block any account. We review reports and act on them.
- Depending on how serious a problem is, we may warn you, limit features, suspend your account, or close it. Serious or repeated breaches, including repeated infringement, lead to a permanent ban.
- If we remove a design that is on sale, for example after a valid infringement claim, we stop new orders. We may also cancel orders that have not been printed yet and refund the buyers.
If we remove your content or restrict your account, we will usually tell you why. If you think we got it wrong, email communicate@merchables.io and we will review the decision. You can also use this address to complain about content or about how we handled a report.
6. Copyright and trademark complaints
If you believe content on Merchables infringes your rights, email communicate@merchables.io with:
- your name and contact details;
- the work or trademark you own;
- a link to the content you are complaining about;
- a statement that you believe, in good faith, that the use is not authorised; and
- a statement that the information in your complaint is accurate and that you own the rights or act for the owner.
We may share your complaint with the person who posted the content. If your content was removed and you believe that was a mistake, you can reply to our notice and explain why.
7. Buying merch and resale items
You can buy two kinds of things in the app: merch and resale items. We deliver merch to the countries shown at checkout. Pre-owned (resale) items are for delivery in the United Kingdom only.
- Who sells to you. For merch, the seller is Merchtree Limited, trading as Merchables. A creator licenses their design to us. We sell the product to you. Our print partner, Prodigi, prints it to order in its lab nearest to you. For resale items, we handle your payment, the inspection, delivery and refunds. Our Buyer Protection page explains this.
- Prices. Item prices include UK delivery and VAT where VAT applies. For delivery outside the UK, we add a delivery price, shown before you pay. Import taxes or fees may be charged on delivery.
- Payment. You pay by card or Apple Pay. Stripe processes the payment.
- Your order. Your order is accepted when we confirm it in the app or by email. A contract then exists between you and us.
- Delivery. See Shipping and Delivery.
- Returns and refunds. You have a 14-day right to cancel. See Returns and Refunds. If merch is misprinted or damaged, we send a free reprint or give you a full refund.
- Your legal rights. If goods are faulty or not as described, you have rights under the Consumer Rights Act 2015. Nothing in these terms reduces those rights.
- If you are under 18. You need a parent’s or guardian’s permission to buy. When you place an order, you confirm that you are 18 or older, or that you have this permission.
Creators may earn from sales of their designs under separate creator terms, which we will publish before payouts start. Creators under 18 can be paid only through a parent’s or guardian’s account.
8. AI video generation
- When you ask Merchables to make a video with AI, we send the images and instructions you submit to our provider, Higgsfield, to create it.
- Use only content you have the rights to use.
- Do not use AI to create content of a real person without their permission, or content that breaks our community rules.
- AI results can be inaccurate or unexpected. AI videos go through the same moderation as other content.
- If AI generation costs credits or money, we show the price before you confirm.
9. Merchables’ rights
The Merchables name, logo, app and website belong to us or our licensors and are protected by law. These terms do not give you the right to use our name or brand, except to share links to Merchables.
10. Changes to Merchables and to these terms
We may change, add or remove features. We may also update these terms. We will post changes on this page and update the “Last updated” date. If a change is significant, we will tell you in the app or by email before it takes effect.
If you keep using Merchables after a change takes effect, the new terms apply. If you do not agree, you can stop using Merchables and delete your account.
11. Ending your account
You can stop using Merchables at any time. To delete your account, go to Settings, then Your account, then Account, and tap Delete account, or email communicate@merchables.io from the email address on your account. You can restore a deleted account within 30 days by signing in again. After that we erase it, and credits you have not used are lost. We may suspend or close your account as section 5 describes. Parts of these terms that by their nature should continue, such as the licence for orders already placed, liability and disputes, continue after your account ends.
12. Our responsibility to you
- We provide Merchables with reasonable care and skill. We cannot promise that it will always be available or free of errors.
- We are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or failing to use reasonable care. We are not responsible for loss or damage that is not foreseeable.
- We do not exclude or limit our liability where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, for fraud, and for breaking your legal rights as a consumer.
- We are not responsible for content that other users post, or for websites and services of others that are linked from Merchables.
- If you use Merchables for business purposes, we are not liable to you for loss of profit, revenue or business opportunity, and our total liability to you is limited to the greater of £100 or the amount you paid us in the 12 months before the claim.
13. Law and disputes
If you have a problem, please contact us first at communicate@merchables.io. Most issues can be solved quickly that way.
These terms are governed by the law of England and Wales. If you live in Scotland or Northern Ireland, you can also bring proceedings in your local courts. If you live in another country, you keep the protection of the consumer laws of that country that cannot be excluded by contract, and you can bring proceedings in your local courts.
14. General
- If a court decides that part of these terms cannot be enforced, the rest of the terms stay in force.
- We may transfer these terms to an organisation that takes over Merchables. This will not reduce your rights.
- Only you and we have rights under these terms.
- These terms, our Privacy Policy and any terms we show you when you buy or sell form the whole agreement between you and us.
15. Contact us
Questions about these terms: communicate@merchables.io.