Terms & Conditions
Vendors sell on the Merchlet marketplace. They also have their own terms & conditions for each individual shop that you will need to review prior to purchase.
This website is operated by Merchlet LLC, located in Reno, NV. Throughout the site, the terms “we”, “us” and “our” refer to Merchlet LLC. Merchlet LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something on the site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 1 - Online Site Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws, intellectual property laws, or the foreign corrupt practices act).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Section 2 - General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred un-encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 - Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 4 - Modifications to the Service and Prices
Prices for products on this site are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Vendors reserve the right at any time to modify or discontinue products, subscriptions and other offers without notice at any time. Vendors also shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of their offers (products, services, etc.).
Section 5 - Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities.
We have made every effort to display as accurately as possible the colors and images of our products that appear on the site. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 - Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
Section 7 - Optional Tools
We may provide you with access to third-party tools, connections, or integrations, over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 - Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 - User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Vendors (sellers): By using our platform, you agree to permit us to use your listing for marketing and advertising purposes. You retain the rights to your content, but lend us the use (at no cost) so we can help promote your products and the marketplace.
Section 10 - Personal Information
Section 11 - Errors, Inaccuracies and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 - Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. The information on this site, and specifically in the Membership section, is copyright by Merchlet LLC. You are prohibited from sharing the content and information you receive in the Membership area with others outside of the membership. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 - Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Merchlet LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licencors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Section 14 - Indemnification
You agree to indemnify, defend and hold harmless Merchlet.com and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
Section 15 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 17 - Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 18 - Governing Law
These Terms & Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Reno, NV.
Section 19 - Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 20 - Contact Information
Vendors (Sellers) Terms
All of the terms listed on this page apply to vendors. Vendors have a few additional terms they need to know and follow.
*Effective 2/1/2022 – all vendors must restrict selling to the United States. Vendors can be located outside of the United States but must sell only inside the United States until further notice. All vendors must submit proof of identity before the vendor account is approved for listing items. The owners/admins reserve the right to refuse selling to anyone and any item (but we’ll do what we can to work with you and help you list approved items).
For all vendors (sellers), please note the following additional terms:
1. You can only list items that you have the right to sell (no stolen goods, no counterfeit, no intellectual property violations).
2. Selling on this platform is restricted to the categories listed. If a category is not listed, you can reach out through Seller Support in the training section, or reach out through the Contact page to request the addition of a category (approval of all categories is at the discretion of the owners).
a. Regardless of the category, you cannot sell any items from the restricted categories & items list.
Restricted Categories & Items (some of these are restricted by Paypal, one of our payment processors – some are restricted because we do not want them on the marketplace):
- items that violate any law, statute, ordinance or regulation.
- items that relate to transactions involving: (a) narcotics, steroids, certain controlled substances or other products that present a risk to consumer safety, (b) drug paraphernalia, (c) cigarettes, (d) items that encourage, promote, facilitate or instruct others to engage in illegal activity, (e) stolen goods including digital and virtual goods, (f) the promotion of hate, violence, racial or other forms of intolerance that is discriminatory or the financial exploitation of a crime, (g) items that are considered considered obscene, (h) items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the laws of any jurisdiction, (i) certain sexually oriented materials or services, (j) ammunition, firearms, or certain firearm parts of accessories, or (k) certain weapons or knives regulated under applicable law.
- items that relate to transactions that (a) show the personal information of third parties in violation of applicable law, (b) support pyramid or ponzi schemes, matrix programs, other “get rich quick” schemes or certain multi-level marketing programs, (c) are associated with purchases of annuities or lottery contracts, lay-away systems, off-shore banking or transactions to finance or refinance debts funded by a credit card, (d) are for the sale of certain items before the seller has control or possession of the item, (e) are by payment processors to collect payments on behalf of merchants, (f) are associated with the sale of traveler’s checks or money orders, (g) involve currency exchanges or check cashing businesses, (h) involve certain credit repair, debt settlement services, credit transactions or insurance activities, or (i) involve offering or receiving payments for the purpose of bribery or corruption.
- items that involve the sales of products or services identified by government agencies to have a high likelihood of being fraudulent.
- relate to transactions involving any activity that requires pre-approval without having obtained said approval.
- Transportation items: airlines and scheduled or non-scheduled charters/jets/air taxi operators.
- Charities/non-profit: Collecting donations as a charity or non-profit organization must first go through admin approval.
- High value items: items over $200 require approval and are subject to additional documentation. All items are subject to admin approval and the owners can choose not to permit select items on the platform for no reason at all.
- Payment facilitator: providing payment services which would fall under the definition of a money service business or an electronic money institution. Services would also include the sale of stored value cards and escrow services.
- Investments: Buying, selling, or brokering stocks, bonds, securities, options, figures, commodities, contracts for difference/forex, mutual funds or an investment interest in any entity or property.
- Gambling, Gaming, Prize Draws and Contests: activities involving gambling, gaming and/or any other activity with an entry fee and a prize, including, but not limited to property/real estate prizes, casino games, sports betting, horse or greyhound racing, fantasy sports, lottery tickets, other ventures that facilitate gambling, games of skill (whether or not legally defined as gambling) and sweepstakes, if the operator and customers are located exclusively in jurisdictions where such activities are permitted by law.
- Cryptocurrency: Any digital representation of value that can be digitally traded, transferred, or used for payment, including, but not limited to, crypto currencies, virtual in-game currencies, or non-fungible tokens.
- Prescription items: the sale of any product(s) requiring a prescription or prescription dispensing services.
- Telemedicine services: Providing medical services and consultations in a remote fashion.
- Mature audience content: any adult content delivered digitally including video on demand (VOD) and webcam activities. Adult DVDs, magazines, and other adult themed products or services (and the owners of Merchlet have the option to deem content as “mature” even if the vendor does not).
- Online Dating: any dating services that enable individuals to find and introduce themselves to new people with the goal of developing a personal or romantic relationship.
- Live Streaming/Broadcasting: Any activities in which people transmit video, voice or text content in a live environment with the potential of user interaction.
- File-sharing: providing file sharing services including cyberlockers and similar remote digital file sharing services where uploaded content is accessible to the public or the service pays uploaders for content.
- Alcohol: selling alcoholic beverages.
- Tobacco: non-cigarette tobacco products, e-cigarettes, cigars
- Medical Items or services: all items classified as medical devices, and all services or treatment provided by a person or organization holding itself out as a provider of health-care services, including, but not limited to, all health-care services for which government licensure is required in the provider’s jurisdiction or in the jurisdiction where services are being provided. This category includes “Medical Tourism” involving medical services to be provided to a patient outside of that patient’s home country.
- Weapons: No weapons on this marketplace at all, for any reason.
- Affiliate products: do not list any affiliate products on the marketplace. If you are a vendor of a product and would like the Merchlet owners to list an affiliate link to your product – just reach out to support. The only affiliate products permitted on the site are listed by the Merchlet LLC owners.
- Dropshipping: If you do not physically provide the product (or own the rights for digital products), you cannot sell on this marketplace without approval. At this time, the only way to get approved as a dropshipper is if you purchased the Kibo Eclipse through our affiliate link.
- Electronics: generally, if it plugs in or needs a battery, it’s electronic. Some items may fall into another category, and admin/owners reserve the right to refuse any item.
- Computers, Phones, and related technology: the Merchlet marketplace is not open for computers, phones (including cell phones), and other related technology at this time.
- Undergarments & swimwear: As long as you use tasteful pictures, normal items (such as those through the Printful integration) are permitted. Items such as lingerie are considered “mature” items.
- Vintage/antique: This is an approval category only. All items are subject to denial of listing, including vintage/antique items.
3. Sales Tax: Since the Merchlet Marketplace is new, we are unable to collect tax on your behalf. You are responsible for collecting tax in the jurisdiction you have nexus (if you have questions about taxes, please consult an accountant or attorney – we recommend this prepaid legal service). Once we have the ability to collect sales tax in a jurisdiction, we will notify all vendors and implement collection on the marketplace. *If you have nexus and need to collect sales tax, please contact us and we will add your jurisdiction to the tax options.
4. Vendor Subscriptions: Merchlet offers a variety of subscriptions for accessing different selling features of the marketplace. If your subscription lapses, your account is suspended. You can choose a new subscription to reactivate your account. We will hold your account information for up to 60 days. We may keep your account information longer, but we reserve the right to delete inactive accounts after 60 days. Subscriptions are not pro-rated – if your account is shut down for any reason, we reserve the right to refuse a refund. Free accounts will not receive any compensation if accounts are shut down.
5. Integrations/Connections: we use a 3rd party source for integrations & connections. You agree to abide by each of the integrated platforms terms independently. We are not responsible for ensuring your account will adequately connect to any other platform. Integrations planned may not happen, so please make decisions based on current availability of platforms. We provide details of integrations in the training site for Merchlet.
6. Vendor payment – vendors will receive payment for sales once a week, after a week of holding funds. This helps ensure customers receive their products. Holds may be removed and payments increased more frequently at the discretion of the owners/admins.
6a. Vendors can select payment by Paypal or Bank Transfer. If the vendor selects Paypal, the vendor is responsible for any fees incurred. All payments are made as business transactions (not friend to friend, or any other personal or non-business transaction).
When will we shut down an account?
- All accounts require verification with a valid ID. If you do not provide verification within 14 days of applying for an account, we reserve the right to close the account. We attempt to approve all verified accounts within 2 business days.
- Intellectual property violations: We will work with all sellers to ensure that they do not violate intellectual property rights. If accounts continually submit products that violate intellectual property, we reserve the right to shut down the account (you’ll know your account is subject to shut down because we’ll let you know in advance). We do not work on a “strike” system and will not punish you for questionable listings. *We still reserve the right to not permit listings that fall into “questionable” intellectual property rights.
- Violating listing restrictions – we will work with sellers as much as possible, but if a seller blatantly ignores the listing restrictions and does not take corrective actions, we reserve the right to shut down the account.
- Excessive refunds or complaints from customers may cause Merchlet to shut down an account.
- Any actions that cause a risk to the payment processing for Merchlet will result in an account shut down and that person will not be permitted to sell on Merchlet.