Terms of Conditions of Use and Sale
Please read carefully the following terms and conditions of use for the www.themerch.space website (“Site”) and the ordering and sale of products (“Products”) to you (“Terms of Service” or “Terms”). Please save or print a copy of these Terms of Service, or store them in your computer, for future reference.
Overview
The Site is operated by Edit Limited, a company incorporated under the laws of Bermuda and carrying on business as Merch (hereinafter referred to as “Merch”, “we”, “us” and “our”). Merch 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 from us, you engage in our service (“Service”) and agree to be bound by the following Terms of Service, 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 the Site. 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, then you may not access the Site 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 Site shall also be subject to these Terms of Service. You can review the most current version of these 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 the Site. 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.
Our store is hosted on WordPress using WooCommerce as the online e-commerce platform.
The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.
Privacy policy
Any personal data which you may provide us through the Site is subject to our Privacy Policy.
Use of the Site
You may access the Site solely for your own personal use. You must not use any content of the Site for any commercial or illegal purpose.
By submitting any material to us (“Material”) you acknowledge that we may copy, modify, distribute or create a derivative work from the Material in any manner that we shall determine. You will indemnify us if any third party takes action against us in relation to the Material.
We reserve the right to charge you to access certain information on the Site. We will inform you where a charge will be incurred by you for accessing certain services or information.
You must not cause any nuisance, annoyance or inconvenience to us, our customers or our users of the Site.
You must not submit any Material which is false, for which you compensated by any third party, that includes any information that references other websites, addresses, email addresses, contact information or phone numbers, is defamatory, offensive, menacing or obscene to the Site or which in our judgment may cause nuisance, annoyance, damage or offence, inconvenience to us or any other person or which is illegal. We may remove such material from the site at any time without notice to, or consent by, you.
We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site with immediate effect if you breach any of these Terms of Service.
You take responsibility for access to your computer or mobile device and you will maintain your account and password confidential and to the extent permissible by law, you accept responsibility for the activities that occur under your account or password.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your place of residence (the “Age of Majority”), or that you are the Age of Majority and you have given us your consent to allow any of your minor dependents to use this site.
By placing your order through our website you confirm that:
- You are of the Age of Majority.
- You are legally capable of entering into binding contracts.
- The information given on your order form is complete and accurate.
Intellectual property rights
The Site and its content are protected by intellectual property rights, including copyright and trade marks. Any name or material that is on this Site for the purpose of marketing is the property of its respective owner. All Merch trademarks (which include trade names, logos, sub-logos and marks) may not be used without written permission.
Except as expressly authorised by us or relevant third parties, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, in whole or in part.
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of these Terms will result in an immediate termination of your Services.
Accuracy, completeness and timeliness of information
We are not responsible if information made available on this website is not accurate, complete or current. The material on this website 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 website is at your own risk. 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 is inaccurate at any time without prior notice (including after you have submitted your order).
This website 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 website at any time, but we have no obligation to update any information on this website. You agree that it is your responsibility to monitor changes to this website.
If you find any information on this website that is out of date or incorrect, please contact us on info@themerch.space.
Modifications to the Service and prices
Prices for our products 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.
Products or services
Certain products or services may be available exclusively online through this website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns and Exchanges Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear on this website. We cannot guarantee that your computer monitor’s display of any colour 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.
Accuracy of billing and account information
You agree to provide current, complete and accurate purchase and account information for all purchases made on this website. 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.
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.
Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 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).
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.
We may also, in the future, offer new Services and/or features through this website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
Third party links
The Site may provide links to other web sites or resources, and promotions of advertisers and merchants. As we have no control over such sites and third party resources, you acknowledge that we are not responsible for the availability of such external sites or third party resources, do not endorse and are not liable for any content, advertising, products, services or other materials on or available from such sites or third party resources.
Any dealings by you with any third party on or through the Site shall be solely between you and that third party and we shall not be responsible for any loss or damage that may arise from any such dealings, nor shall we be deemed to be acting as an agent for you in any such dealings.
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.
User comments, feedback and other suggestions
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 (hereinafter collectively referred to as, “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.
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 libellous 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.
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, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Personal information
We take the privacy of our customers’ information very seriously.
Your submission of personal information through this website is governed by our Privacy Policy. You understand that your personal information (not including credit card information), may be transferred unencrypted 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.
Please take the time to read our Privacy Policy so that you know how we collect, use and take steps to protect your information.
Errors, inaccuracies and omissions
Occasionally there may be information on this website 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 this 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 this website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on this website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited uses
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.
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using this website 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 this 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 this website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or this website for violating any of the prohibited uses.
Disclaimer of warranties; limitation of liabilities
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. If your PC does not support relevant technology including encryption, you may not be able to use certain services or access certain information on the Site.
The Site is accessed via the World Wide Web which is independent of us. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. We shall have no responsibility for all information or service obtained by you on the World Wide Web. 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 our Service will be accurate or reliable. The content of the Site has been compiled from a variety of sources and is subject to change without notice. We use reasonable care in compiling and presenting the content of the Site, but we give no guarantee that the content is complete, accurate, error or virus free or up to date. We will have no responsibility for any variations in colour or appearance caused by your browser software or computer system. Product specifications and descriptions are not intended to be binding and are intended to only give a general description of the products
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.
So far as permitted by law, we disclaim all warranties, conditions and other terms of any kind, whether express or implied, whether in contract, tort (including liability for negligence) or otherwise, including, but not limited to any implied term of satisfactory quality, fitness for a particular purpose, and any standard of reasonable care and skill. We will not be liable for any delay or failure to perform or comply with our obligations under these Terms of Service if the delay or failure arises from any cause, which is beyond our reasonable control.
So far as permitted by law, and except in respect of death or personal injury arising from negligence, we exclude any liability for loss or damage of any kind resulting from the use of the Site (including the reliance upon any information contained on it). We are not responsible for any delay or failure to comply with our obligations under these Terms of Service. This does not affect your legal right to have Products sent within a reasonable time or to receive a refund if Products cannot be supplied within a reasonable time.
In no case shall Merch, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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.
Indemnification
You agree to indemnify, defend and hold harmless Merch 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.
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.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms of Service 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 these Terms of Service 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).
Entire agreement
These Terms of Service together with any further terms for the purchase of Products and documentation and materials referenced in these Terms of Service including our Shipping and Delivery options and policy on Returns and Exchanges constitute 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 these Terms of Service).
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.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Governing law
These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws of Bermuda and the courts of Bermuda shall have the exclusive jurisdiction over any dispute.
Changes to terms of service
You can review the most current version of these Terms of Service at any time at this page.
We reserve the right at any time, at our sole discretion, to update, change or replace any part of these Terms of Service from time to time by posting updates and changes to this website, any such variations becoming effective immediately upon posting to the Site. It is your responsibility to check this website periodically for changes. Your continued use of or access to the Site or our Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
You will be subject to these Terms of Service as in force at the time that you ordered Products from us, unless any change to those terms and conditions is required by law in which case it may apply to order previously placed by you.
Acceptance
You agree that your order is an offer to purchase the Products from Edit Limited and any associated delivery services from Edit Limited as listed in your order. All orders are subject to acceptance by us. We may choose not to accept your order for any reason without liability to you.
After submitting an order, we will send you an order acknowledgement email with your order number and details of the Products you have ordered from us and details of any delivery services you have ordered from us. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of:
- contract of sale for the Products between Edit Limited and you; and
- as applicable a contract for any delivery services between you and Edit Limited in respect of delivery to residents in Bermuda and outside of Bermuda, will not take place unless and until the earlier of (i) the date on which we receive payment in full or (ii) when we dispatch the Products to you.
Pricing
We may vary the prices on the Site at any time and without any notice. If your order is to be delivered outside Bermuda, it may attract additional import duties and local sales taxes which you will need to pay on receipt of the shipment.
Prices on the Site will be shown in United States dollars. This means that if you are a customer outside of Bermuda your transaction may be in a currency that is different to to the one where you are located. Please note that it is common practice for banks and credit card providers to have different selling and buying exchange rates for currency. We do not accept responsibility for charges or differing rates of currency exchange levied by a customer’s bank or credit card provider.
Delivery charges are itemised on the order acknowledgement issued by us.
Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or cancel your order and notify you of such cancellation.
Any Products purchased prior to any markdowns or discount offered will not be refunded the difference. You may return the higher priced item, in its original condition, to us for a refund.
For any sale or discounted price shown, all ‘was’ pricing is the original RRP and ‘now’ pricing reflects the latest price.
Payment
You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate . You further confirm that the credit/debit card or payment method is valid and the inputted payment details correct. All credit/debit cardholders and any payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card refuses to authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
We are not responsible for any charges or other amounts applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order. If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Site, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability incurred or suffered by you as a result of your card issuer or payment method provider charging you in a currency other than the currency set out on the Site.
Delivery
Please note that unless otherwise stated on the Site, delivery times are estimates. Delivery times are not guaranteed delivery times and should not be relied upon as such. Please see Shipping and Delivery for more information.
When ordering, you will be offered our delivery service once you reach the delivery address details page. Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes. Please note that there are restrictions on the locations to which we deliver Products purchased from the Site. Details of the locations to which we deliver are available from us on request. Please see the Shipping and Delivery page for more information.
When you have selected your preferred delivery method from those offered for your selected shipping destination and provided your order has been accepted by us, your order shall be processed by us and we will endeavour to despatch your order in accordance with the estimated delivery times set out on the Shipping and Delivery page of the Site. Orders received after any specified “cut off” or “last order” time or on a day which is not a working day (that is any day on which the banks are open for business in Bermuda which is not a Saturday, Sunday or a public holiday), will be processed on the next working day. Estimated delivery times will be calculated from the date on which the order is processed.
Where you have selected any of our delivery services, your sole remedy for any failure by us to despatch your order in time for delivery within the relevant estimated delivery times for your shipping destination and selected delivery method shall be your right to cancel the relevant order and receive a full refund of any monies paid to us in respect of that order.
Title in the Products will pass to you on the earlier of:
- the date and time on which we receive payment in full for such Products; and /or
- the date and time when we despatch such Products in respect of delivery to your nominated address.
We shall be liable to you for any damage to the Product that occurs between the time that such Product are despatched by us and the time at which such Product is delivered to you.
In the event that a Product is subsequently imported into a country other than the country to which we delivered the Product, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.
Customs
If your order is to be delivered outside Bermuda, it may attract import duty and local sales taxes which you will need to pay on receipt of the shipment. Any additional charges for customs clearance must be borne by you. These rules vary by country and your local government determines duty and customs charges, so you should contact your local customs office for further information.
If the customer fails to collect their parcel from customs and we have to have the parcel returned to us, you will be responsible for the cost associated with us having to retrieve the parcel.
Shop collection
Should we establish a physical shop location, you will have the option when ordering on the Site to select to collect your order in store for free. Your online order shall be processed by us and we will endeavour to despatch your order in accordance with the estimated delivery times set out on the Shipping and Delivery page of the Site.
You will be notified by email when your order is ready for collection and it is your responsibility to pick up the order. Orders will be held for 7 days at our shop, after which they will be returned to our warehouse and a refund processed.
Returns
To be eligible for a return, your items must be returned in their original condition (unworn, unwashed, unaltered) with the tags attached. Shoes should be returned with the original shoe box, free of damage and postal labels.
No returns on online purchases will be accepted without prior contact with us and verification that we have approved the return.
If you would like to return a product that has been purchased through this website, please email us at orders@themerch.space within 15 days of placing your order with your order number or other proof of purchase, the reason for the return and whether you would like a refund or an exchange. If you believe the product is faulty, please also send us a photograph of the fault or damage. If 15 days have passed since your purchase, we may not be able to offer you a full refund or an exchange.
When returning items, please be mindful that many of our items are of a fragile nature and must be packed with care. We ask that all fragile items being returned are wrapped in bubble wrap and sent in a box to ensure it reaches us in an undamaged condition. We will not be liable for items broken in return transit due to inappropriate packaging on your behalf.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. Please note that it may take some time before your refund is completely processed and a record of it appears in your account.
There are certain situations where only partial refunds are granted:
- if an item is not in its original condition, is damaged or missing parts for reasons not due to our error
- if an item is returned more than 15 days after delivery
We will process your refund within 7 business days of the return arriving at our address, followed by a confirmation email. During busy periods, please allow up to 10 working days for your return to be processed once it is received into our warehouse. All refunds will be made to the original method of payment. Once a refund has been issued, please allow up to 5 working days for this to appear on your account.
You should be aware that all items being returned to us remain your property until received by us.
We reserve the right to deny a refund of returned merchandise if it does not meet the requirements of this Returns and Exchanges Policy and which are deemed not to be resalable.
We are no longer offering an exchange service for items. If you would like to change the size of your ordered garment, please call our customer services team who will be happy to arrange for a new item to be sent to you without any further delivery charges. You will need to pay for the new item and send the original item back to us for a refund, subject to our returns policy. Replacement garments are subject to stock availability.
International returns
Customers returning orders from outside of Bermuda will be responsible for all costs associated with returning their order. We recommend that overseas customers send their returns via a registered trackable service. We cannot be held responsible for items that fail to reach us.
Customer service
Our customer service team act on behalf of Edit Limited to provide customer services and complaint handling.
Contact information
Any questions about these Terms of Service may be sent to the following address:
September 2025