Terms of Service

1. Definitions

• "MerchNique" refers to the Platform operated by us.
• "User" refers to any person who accesses or uses the Platform, including customers, creators, and print partners.
• "Creator" refers to a user who uploads designs for sale on the Platform.
• "Print Partner" refers to a third-party printing business that fulfils orders.
• "Products" refers to merchandise created based on creator designs and printed by print partners.

2. Eligibility

You must be at least 18 years of age to use MerchNique. By using the Platform, you represent that you meet this requirement and have the legal capacity to enter into these Terms.

3. Account Registration

• You must provide accurate and complete information during registration.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are liable for all activities that occur under your account.
• MerchNique reserves the right to suspend or ban accounts that violate these Terms.

4. Marketplace Model

MerchNique operates as an e-commerce marketplace. We facilitate transactions between customers, creators, and print partners. MerchNique is not the manufacturer or seller of products — creators provide designs and print partners manufacture and ship products.

5. Orders & Payments

• All prices are listed in Indian Rupees (INR) and include applicable taxes unless stated otherwise.
• Payments are processed securely through Razorpay. MerchNique does not store your card details.
• An order is confirmed only after successful payment.
• We reserve the right to cancel orders in cases of fraud, pricing errors, or product unavailability.

6. Cancellations, Returns & Refunds

Please refer to our Returns & Exchange Policy and Refund Policy for details.

7. Creator Terms

• Creators must own or have the rights to all designs uploaded.
• Designs must not infringe on any copyright, trademark, or intellectual property rights.
• Designs must not contain offensive, defamatory, hateful, or illegal content.
• MerchNique reserves the right to remove any design that violates these Terms.
• Creator commissions are paid as per the agreed commission rate after order completion.
• MerchNique may suspend or ban creator accounts for violations without prior notice.

8. Print Partner Terms

• Print partners must maintain quality standards as specified by MerchNique.
• Print partners must fulfil orders within the agreed production timelines.
• Print partners are responsible for product quality and shipping.
• MerchNique may terminate partnerships for repeated quality failures or missed deadlines.

9. Intellectual Property

All content on MerchNique (except user-uploaded designs) — including logos, branding, UI design, and software — is the intellectual property of MerchNique. You may not copy, reproduce, or distribute any part of the Platform without prior written consent.

Creators retain ownership of their original designs. By uploading to MerchNique, creators grant us a non-exclusive, worldwide licence to display, market, and print their designs on the Platform.

10. Prohibited Activities

You agree not to:

• Use the Platform for any unlawful purpose
• Upload malicious content, viruses, or harmful code
• Attempt to gain unauthorised access to the Platform
• Scrape, crawl, or collect data from the Platform without permission
• Harass, abuse, or discriminate against other users
• Create fake accounts or provide false information
• Engage in fraudulent transactions

11. Limitation of Liability

MerchNique acts as a marketplace facilitator. To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, or consequential damages arising from the use of the Platform. Our total liability shall not exceed the amount paid by you for the specific order in question.

12. Dispute Resolution

Any disputes arising out of these Terms shall be resolved through arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be India. The language of arbitration shall be English.

13. Governing Law

These Terms are governed by and construed in accordance with the laws of India. Any legal proceedings shall be subject to the exclusive jurisdiction of the courts in India.

14. Modifications

We reserve the right to modify these Terms at any time. Updated Terms will be posted on this page. Continued use of the Platform after changes constitutes acceptance.

15. Contact

For questions about these Terms, contact us at legal@merchnique.com.