Terms of Sale & Use

Scope: These Terms govern the consumer-facing merchandise stores at *.merch365.shop and the Merch365 marketing site at merch365.shop / www.merch365.shop (together, the "Storefront"). The creator/ops platform at merch365.ai is governed by the separate Application Terms of Use.

VERSION 1.0 · Last revised June 8, 2026 (effective upon posting)

Seller identity — please read first

Merch365, Inc. ("Merch365", "we", "us", "our") is the seller and merchant of record for merchandise sold through the Storefront. Each store is branded for an organization (the "Brand"), and the Brand's name, logo, and marks appear on the store and on the merchandise. Your purchase contract for merchandise is with Merch365, not with the Brand. Merch365 charges your payment method, fulfills (or arranges fulfillment of) your order, handles returns and refunds under the Shipping, Returns & Refunds Policy, and is responsible for the shopper-facing obligations in these Terms. The Brand is the owner of the store's branding; it is not the party selling to you.

By placing an order or otherwise using the Storefront, you agree to these Terms. Section 13 contains a binding arbitration agreement and class-action waiver, with a 30-day opt-out. Please read it.

1. The Storefront and the apex marketing site

1.1 Tenant stores. A store at <brand>.merch365.shop offers branded merchandise. The store's look and branding belong to the Brand; the sale is by Merch365 as described above.

1.2 Apex marketing site. merch365.shop and www.merch365.shop host the Merch365 marketing site and a public store directory, not a store. Informational pages there are provided for general information and do not sell merchandise.

1.3 Preview / concept stores. Some stores may be private concept previews shared by invitation only, are not publicly listed, and have checkout disabled. No purchase can be made on a preview store unless and until the Brand claims and activates it. A preview store is illustrative and does not imply that the Brand has authorized sales.

2. Eligibility and accounts

You must be at least 18 (or the age of majority in your jurisdiction) to purchase. You may be able to check out as a guest or create an account. You are responsible for the accuracy of the information you provide and for activity under your account. Personal information is handled under the Storefront Privacy Notice.

3. Products, customization, and mockups are illustrative

3.1 Made-to-order / decorated goods. Many items are produced or decorated to order (e.g., printed or embroidered apparel). Production typically begins after your order is placed.

3.2 Images are illustrative. Product images, mockups, and on-screen previews are representations only. Actual print/decoration placement, size, and color may vary due to decoration methods, materials, garment dye lots, and differences in device displays. Slight variation is normal and is not a defect.

3.3 Personalization. If you submit text or content for personalization, you are responsible for its accuracy and for having the right to use it, and you agree it is not unlawful, infringing, or offensive. We may decline or cancel orders for content that violates these Terms or our content rules.

4. Orders, pricing, and order acceptance

4.1 Prices and currency. Prices are shown on the Storefront in U.S. dollars (USD) and may change at any time before you place an order. We strive for accuracy but are not bound by typographical or pricing errors; if an item's price is materially wrong, we may cancel the order and refund you.

4.2 Placing an order is an offer. Your order is an offer to buy. No contract is formed until we accept your order by sending an order confirmation and/or shipping the item. We may refuse or cancel any order before acceptance, including for suspected fraud, content violations, stock or production issues, or pricing errors. If we cancel after charging you, we refund the affected amount.

4.3 Payment. Payment is processed by Stripe. By submitting payment, you authorize us (through Stripe) to charge your selected payment method for the order total, including taxes and shipping. You represent that you are authorized to use the payment method.

5. Taxes

As merchant of record, Merch365 is responsible for charging and remitting sales, use, or similar transaction taxes where required. Applicable taxes are calculated and shown at checkout based on your shipping destination and the item, and are collected and remitted in the jurisdictions where Merch365 is registered.

6. Shipping and delivery

6.1 Shipment timing. We will ship within the time stated at checkout or in your order confirmation. If no time is stated, we will ship within 30 days of order acceptance, consistent with the FTC Mail, Internet, or Telephone Order Merchandise Rule. If we cannot ship on time, we will notify you, give a revised shipment date, and offer you the option to cancel for a prompt refund (or to consent to the delay where required).

6.2 Risk of loss and details. Shipping methods, costs, risk-of-loss, and delivery details are in the Shipping, Returns & Refunds Policy, which is incorporated into these Terms. You are responsible for providing an accurate shipping address.

7. Returns, cancellations, and refunds

Because many items are made or decorated to order, return eligibility is limited. Our full policy — including defect/damage handling, the return window for non-personalized items, and how to start a return — is in the Shipping, Returns & Refunds Policy. Nothing in these Terms limits your non-waivable rights under applicable consumer-protection law, including remedies for defective or non-conforming goods.

8. Product safety and California Proposition 65

Some products or decoration materials may require a California Proposition 65 warning before sale to California consumers. Where required, a "clear and reasonable" warning will be provided on the product page or at checkout. Merch365 relies on supplier compliance representations and applies product- or category-level warnings where a listed-chemical exposure may occur. Care, materials, and any safety information shown for a product should be followed.

9. Acceptable use of the Storefront

You agree not to: use the Storefront for unlawful purposes; submit false, fraudulent, infringing, or offensive personalization content; interfere with the Storefront's security or operation; scrape or use automated means except as expressly permitted; or infringe any intellectual property or other right. We may suspend access or cancel orders for violations.

10. Intellectual property; brand marks

The Storefront, its software, and the Merch365 name and marks are owned by Merch365 or its licensors. Each Brand's name, logo, and marks are owned by that Brand and are used under arrangement with the Brand; you may not use any Brand's or Merch365's marks without permission. If you believe content on the Storefront infringes your rights, see the DMCA & IP Complaint Policy.

11. Disclaimers

EXCEPT FOR EXPRESS WARRANTIES STATED HERE OR REQUIRED BY LAW, THE STOREFRONT AND PRODUCTS ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERCH365 DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE STOREFRONT. WE DO NOT WARRANT THAT THE STOREFRONT WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO PARTS MAY NOT APPLY TO YOU, AND NOTHING HERE LIMITS NON-WAIVABLE CONSUMER RIGHTS OR WARRANTIES THAT APPLY TO THE GOODS THEMSELVES.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERCH365 WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THE STOREFRONT OR YOUR PURCHASE. OUR TOTAL LIABILITY FOR ANY ORDER WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE ORDER GIVING RISE TO THE CLAIM. THIS DOES NOT LIMIT LIABILITY THAT CANNOT BE LIMITED UNDER LAW (INCLUDING FOR DEFECTIVE PRODUCTS OR NON-WAIVABLE CONSUMER RIGHTS). SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.

13. Disputes; arbitration; class-action waiver

Any dispute relating to the Storefront or your purchase is subject to the binding individual-arbitration agreement, informal-dispute-resolution requirement, class-action and jury-trial waivers, batch-arbitration procedure, and 30-day opt-out set out in Annex A of the Application Terms of Use, which applies to these Terms as if fully stated here (reading "Platform" to include the Storefront and your purchase). The Federal Arbitration Act governs that agreement; these Terms are otherwise governed by the laws of the State of Delaware, except that nothing in these Terms deprives you of the protection of any non-waivable consumer-protection law of your home state. Small-claims and IP-equitable-relief carve-outs apply. To opt out of arbitration, follow the 30-day opt-out procedure in that Annex.

14. Changes; general

We may update these Terms; the version in effect when you place an order governs that order. For material changes we will post notice on the Storefront. If any provision is unenforceable, it is modified to the minimum extent necessary and the rest remains in effect. These Terms (with the documents they incorporate) are the entire agreement between you and Merch365 regarding Storefront purchases. California residents may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.

15. Contact

Merch365, Inc. (Merchant of Record) · Attn: Customer Support 131 Continental Dr, Suite 305 Newark, Delaware 19713 Telephone: (248) 202-7068 Email: support@merch365.shop · hello@merch365.shop