Terms and Conditions

You must be at least 18 years of age to use our services, including opting in to receive SMS or text messages. By using our services and providing your mobile phone number, you represent and warrant that you are 18 years of age or older. If you are under 18, you may not use our services or provide any personal information to us.

These Terms and Conditions govern your access to and use of GetMerch.com, including our website, products, custom-design services, quoting services, ordering platform, text-messaging program, and related services.

GetMerch.com is a brand operated by Quokka Brew LLC. In these Terms and Conditions, "GetMerch," "we," "us," and "our" refer to Quokka Brew LLC operating the GetMerch.com brand.

By accessing our website, requesting a quote, approving artwork, placing an order, creating an account, or otherwise using our services, you agree to these Terms and Conditions and our Privacy Policy.

If you do not agree to these Terms and Conditions, do not use our website or services.

1. Eligibility

You must be at least 18 years old and legally capable of entering into a binding agreement to use our services.

If you use GetMerch.com on behalf of a company, organization, school, team, nonprofit, or other entity, you represent that you have authority to bind that entity to these Terms and Conditions.

2. Our Services

GetMerch.com provides custom merchandise and related services, which may include:

• Custom apparel
• Promotional products
• Accessories
• Drinkware
• Event merchandise
• Product sourcing
• Graphic design
• Artwork preparation
• Product mockups
• Printing
• Embroidery
• Decoration
• Packaging
• Fulfillment
• Shipping
• Online merchandise stores
• Event merchandise-booth support
• Other related products and services

The availability, pricing, production process, and specifications of products and services may vary.

We may add, modify, suspend, or discontinue any product, feature, or service at any time.

3. Quotes and Pricing

Quotes are based on the product specifications, quantities, artwork, decoration methods, shipping information, production requirements, and other details available when the quote is prepared.

Unless otherwise stated, a quote is not binding until:

• The final specifications are confirmed
• Artwork is approved
• Payment or an agreed deposit is received
• GetMerch.com accepts the order

Prices may change if:

• The quantity changes
• Product availability changes
• Artwork or decoration requirements change
• Shipping information changes
• Production timelines change
• Supplier pricing changes
• Taxes, duties, tariffs, or carrier charges change
• The information originally provided was inaccurate or incomplete

Any price-match or lowest-pricing guarantee is subject to the specific conditions presented with that offer. Competing quotes may need to involve identical products, quantities, decoration methods, artwork requirements, shipping terms, production schedules, and service levels.

We reserve the right to correct pricing errors before accepting or producing an order.

4. Orders and Payment

An order may require full payment, a deposit, or another payment arrangement approved by GetMerch.com.

By submitting payment information, you represent that:

• You are authorized to use the selected payment method
• The information provided is accurate
• You authorize us and our payment processor to charge the applicable amount

Orders are not considered accepted merely because payment information has been submitted.

We may reject or cancel an order because of:

• Product unavailability
• Pricing or listing errors
• Suspected fraud
• Payment failure
• Artwork concerns
• Intellectual-property concerns
• Production limitations
• Shipping restrictions
• Prohibited or unlawful content
• Other reasonable business or compliance concerns

If we cancel an order before production begins, amounts paid for the canceled portion will generally be refunded, subject to any nonrefundable costs already incurred with your authorization.

You are responsible for applicable taxes, duties, customs charges, and similar governmental fees unless expressly stated otherwise.

5. Artwork, Designs, and Customer-Submitted Materials

You may provide us with logos, trademarks, names, photographs, designs, artwork, slogans, graphics, files, or other content for use on custom merchandise.

You represent and warrant that:

• You own the submitted materials or have permission to use them
• We are authorized to reproduce and modify them as necessary to fulfill your order
• Their use will not violate another party's copyright, trademark, privacy, publicity, contractual, or other rights
• Their use will not violate applicable law

You are responsible for obtaining all licenses, approvals, and permissions necessary to use submitted materials.

We may reject content that we reasonably believe is:

• Illegal
• Infringing
• Deceptive
• Threatening
• Hateful
• Defamatory
• Obscene
• Abusive
• Discriminatory
• Otherwise inappropriate for production

You agree to indemnify GetMerch.com and Quokka Brew LLC against claims arising from materials you submit or direct us to use.

6. Design Services and Mockups

GetMerch.com may provide design assistance, concepts, mockups, revisions, or production-ready artwork.

Mockups are visual approximations. Actual products may vary due to:

• Screen settings
• Lighting
• Fabric or product texture
• Printing method
• Embroidery limitations
• Product shape
• Product color
• Ink or thread color
• Manufacturer tolerances
• Production processes

Unless otherwise agreed in writing, preliminary concepts, unused concepts, internal working files, production templates, and editable source files remain the property of GetMerch.com.

Your purchase of merchandise does not automatically include ownership of editable source files or unused design concepts.

We may retain copies of final artwork and production files for recordkeeping, reorders, and customer service.

7. Artwork Approval

You are responsible for carefully reviewing all proofs and mockups before approval.

Your approval confirms that you have reviewed and accepted:

• Spelling
• Grammar
• Names
• Dates
• Numbers
• Product selection
• Product color
• Garment or product sizes
• Artwork placement
• Artwork dimensions
• Design content
• Logo usage
• Print colors
• Decoration method
• Quantities
• Shipping information
• Other visible specifications

Production may begin immediately after artwork approval.

Once you approve artwork, GetMerch.com is generally not responsible for errors that appeared in the approved proof, including spelling, layout, color, sizing, quantity, or placement errors.

Changes requested after approval may result in:

• Additional design charges
• Additional production charges
• Replacement-product costs
• Rush fees
• Delayed production
• A revised delivery estimate

8. Product Variations and Manufacturing Tolerances

Custom merchandise may contain reasonable variations.

These may include variations in:

• Product dimensions
• Garment sizing
• Fabric
• Texture
• Color
• Print placement
• Ink coverage
• Embroidery density
• Thread color
• Product construction
• Packaging
• Manufacturer specifications

Colors shown on screens, digital mockups, or printed proofs may not exactly match the final product.

Decoration placement may vary slightly between individual items due to normal production processes.

Minor variations that are customary within the custom-products industry do not constitute a defect.

9. Product Availability and Substitutions

Product availability can change without notice.

If a selected product becomes unavailable, we may contact you regarding:

• A comparable replacement
• A revised color or size
• A revised production timeline
• A partial shipment
• A refund for the unavailable portion

We will not make a material substitution without your approval unless the substitution was previously authorized as part of the order.

10. Production and Delivery Estimates

Production and delivery dates are estimates unless we expressly agree in writing to a guaranteed deadline.

Production timing may depend on:

• Payment
• Artwork approval
• Product availability
• Customer responsiveness
• Supplier schedules
• Production capacity
• Shipping carriers
• Weather
• Customs
• Labor interruptions
• Equipment failure
• Other circumstances outside our reasonable control

A requested event date or deadline does not automatically constitute a guaranteed delivery date.

You are responsible for notifying us of any firm event date before approving and paying for the order.

GetMerch.com is not responsible for losses resulting from delays outside our reasonable control, including lost sales, missed events, business interruption, or consequential damages.

11. Shipping

You are responsible for providing an accurate and complete shipping address.

We are not responsible for delays, additional charges, or failed deliveries caused by:

• Incorrect addresses
• Incomplete addresses
• Delivery restrictions
• Recipient unavailability
• Refused shipments
• Carrier delays
• Weather
• Customs
• Theft after confirmed delivery
• Other circumstances outside our reasonable control

Risk of loss transfers to the customer when the order is delivered to the shipping address or otherwise transferred as permitted by applicable law.

You should inspect deliveries promptly and notify us of visible damage, missing packages, or incorrect quantities as soon as reasonably possible.

Expedited shipping does not necessarily expedite production unless rush production is separately confirmed.

12. Returns, Cancellations, and Refunds

Because custom merchandise is produced according to customer-selected specifications, custom products generally cannot be returned or exchanged because of:

• A change of mind
• Incorrect quantities selected by the customer
• Incorrect sizes selected by the customer
• Errors included in approved artwork
• Preference regarding an approved design
• Normal product or manufacturing variations

Cancellation availability depends on the stage of the order.

Once products have been ordered, artwork has been prepared, or production has begun, some or all amounts paid may be nonrefundable.

If you believe an order is defective, damaged, materially incorrect, or inconsistent with the approved specifications, contact us promptly and provide:

• Your order information
• A description of the issue
• Clear photographs
• The quantity affected
• Any other reasonably requested information

We may, at our discretion and depending on the circumstances:

• Replace affected products
• Reprint affected products
• Repair affected products
• Provide a partial refund
• Provide store credit
• Offer another reasonable resolution

Do not discard, alter, use, or distribute allegedly defective products until we have had a reasonable opportunity to review the claim.

13. Customer Responsibilities

You agree to:

• Provide accurate information
• Respond to approval requests promptly
• Review artwork carefully
• Confirm quantities and specifications
• Provide usable artwork files when required
• Obtain necessary intellectual-property permissions
• Pay agreed amounts when due
• Provide accurate shipping information
• Use the website and services lawfully
• Avoid interfering with the website's security or operation

You are responsible for delays and additional expenses caused by inaccurate information, delayed approvals, incomplete files, changed instructions, or failure to respond.

14. Accounts and Account Security

Some services may allow or require you to create an account.

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity occurring through your account
• Providing current and accurate account information
• Promptly notifying us of unauthorized access

We may suspend or terminate accounts associated with suspected fraud, misuse, unlawful conduct, security threats, or violations of these Terms.

15. Intellectual Property

The GetMerch.com website and its content—including text, graphics, layouts, software, icons, logos, photographs, videos, designs, and other materials—are owned by or licensed to Quokka Brew LLC and are protected by intellectual-property laws.

Except as expressly permitted, you may not:

• Copy
• Reproduce
• Republish
• Modify
• Distribute
• Sell
• License
• Scrape
• Reverse engineer
• Create derivative works from

any portion of the website or our proprietary materials without written permission.

Customer-owned trademarks and artwork remain the property of their respective owners.

16. Portfolio and Promotional Use

Unless you instruct us otherwise in writing before production, you grant GetMerch.com permission to photograph completed merchandise and display examples of the finished work in our portfolio, social-media accounts, website, sales materials, or other promotional materials.

We will not represent that we own your trademarks.

You may withdraw permission for future promotional use by contacting us. Withdrawal will not require us to remove materials already printed or distributed, but we will make reasonable efforts to remove applicable digital content under our control.

17. Prohibited Uses

You may not use the website or services to:

• Violate any law
• Infringe intellectual-property rights
• Submit fraudulent orders
• Transmit malicious code
• Attempt unauthorized access
• Interfere with website operation
• Harvest user information
• Impersonate another person or organization
• Submit deceptive or misleading content
• Produce unlawful or prohibited merchandise
• Engage in abusive or threatening conduct

We may refuse service or terminate access for suspected violations.

18. Third-Party Services and Links

Our website and services may rely on or link to third-party providers, including:

• Payment processors
• Shipping companies
• Product suppliers
• Manufacturers
• Website platforms
• Analytics providers
• Communications providers
• Social-media platforms
• Other service providers

We are not responsible for the availability, content, security, terms, or privacy practices of third-party services.

Your use of third-party services may be governed by separate terms.

19. Text-Messaging Program

Program name

The text-messaging program is operated under the GetMerch.com brand by Quokka Brew LLC.

Types of messages

Depending on the consent you provide, messages may include:

• Responses to quote requests
• Customer-support messages
• Artwork and proof updates
• Order confirmations
• Production updates
• Payment reminders
• Shipping and delivery notifications
• Account or service updates
• Follow-ups concerning requested services
• Promotional offers
• Discounts
• Product announcements
• Other marketing communications

Consent

By providing your phone number and affirmatively selecting an applicable SMS-consent checkbox, you authorize GetMerch.com, operated by Quokka Brew LLC, to send text messages to the number provided.

Consent to receive promotional or marketing text messages is not a condition of purchasing any product or service.

Consent applies only to the categories of messages you affirmatively select.

Message frequency

Message frequency varies depending on your interactions, orders, quote requests, and communication preferences.

Message and data rates

Message and data rates may apply.

Your mobile carrier's rates and terms apply.

Opting out

You may cancel the SMS service at any time by replying STOP to any message.

After you send STOP, we may send a final confirmation message stating that you have been unsubscribed. After that confirmation, you will no longer receive messages from the applicable text-messaging program unless you opt in again.

Other recognized opt-out keywords may include CANCEL, END, QUIT, UNSUBSCRIBE, or REVOKE.

Support

For assistance, reply HELP to any message or contact us at:

• Email: Support@GetMerch.com
• Phone: (929) 605-4397

Carrier responsibility

Mobile carriers are not liable for delayed or undelivered messages.

Message delivery is subject to effective transmission by your wireless provider and is outside our complete control.

Privacy

Your participation in the text-messaging program is also governed by our Privacy Policy.

No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Information may be shared with subcontractors and providers that support the messaging service, such as telecommunications carriers, messaging platforms, aggregators, and customer-service providers.

Text-messaging originator opt-in data and consent will not be shared with third parties for their own marketing or promotional purposes.

20. Electronic Communications

By using our website or communicating with us electronically, you consent to receiving communications electronically, including by:

• Email
• Website notices
• Account notifications
• Text message where separately authorized

Electronic communications satisfy any legal requirement that communications be in writing, to the extent permitted by law.

21. Disclaimer of Warranties

To the fullest extent permitted by law, the website, services, designs, mockups, products, and related materials are provided on an "as is" and "as available" basis.

Except for warranties expressly stated in writing, GetMerch.com and Quokka Brew LLC disclaim all warranties, express or implied, including implied warranties of:

• Merchantability
• Fitness for a particular purpose
• Noninfringement
• Accuracy
• Availability
• Uninterrupted operation

We do not warrant that the website will always be available, error-free, or secure.

Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.

22. Limitation of Liability

To the fullest extent permitted by law, GetMerch.com, Quokka Brew LLC, and their owners, employees, contractors, affiliates, suppliers, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including:

• Lost profits
• Lost revenue
• Lost business
• Lost opportunities
• Loss of data
• Business interruption
• Missed events
• Reputational harm

To the fullest extent permitted by law, our total liability arising from a particular order, product, or service will not exceed the amount you paid to GetMerch.com for the specific order, product, or service giving rise to the claim.

Nothing in these Terms excludes liability that cannot legally be excluded.

23. Indemnification

You agree to defend, indemnify, and hold harmless GetMerch.com, Quokka Brew LLC, and their owners, employees, contractors, affiliates, suppliers, and service providers from claims, damages, liabilities, judgments, losses, and expenses, including reasonable attorneys' fees, arising from:

• Your use of the website or services
• Materials you submit
• Your violation of these Terms
• Your violation of applicable law
• Your infringement of another party's rights
• Products or statements you direct us to create or reproduce

24. Force Majeure

We are not responsible for delays or failures caused by events beyond our reasonable control, including:

• Severe weather
• Natural disasters
• Fires
• Floods
• War
• Terrorism
• Civil unrest
• Pandemics
• Government actions
• Labor disputes
• Supplier failures
• Carrier interruptions
• Customs delays
• Power outages
• Internet outages
• Equipment failures
• Transportation disruptions

Performance will be excused for the duration and extent of the applicable event.

25. Governing Law

These Terms and Conditions are governed by the laws of the state in which Quokka Brew LLC is legally organized, without regard to conflict-of-law principles.

Any dispute will be brought in a court with proper jurisdiction over Quokka Brew LLC unless the parties agree to another dispute-resolution process or applicable law requires otherwise.

Before publishing, replace this section with the specific governing state and venue associated with Quokka Brew LLC.

26. Dispute Resolution

Before filing a formal legal claim, you agree to contact us and make a good-faith effort to resolve the dispute informally.

Either party may propose mediation, arbitration, or another mutually agreed resolution process.

Nothing in this section prevents either party from seeking emergency injunctive relief when legally appropriate.

Do not add mandatory arbitration or a class-action waiver unless reviewed and approved by legal counsel.

27. Termination

We may suspend or terminate access to the website or services if we reasonably believe you have:

• Violated these Terms
• Engaged in fraud
• Failed to pay amounts due
• Created a security risk
• Engaged in abusive conduct
• Violated applicable law

Provisions that by their nature should survive termination will continue to apply, including payment obligations, intellectual-property provisions, disclaimers, liability limitations, indemnification, and dispute provisions.

28. Changes to These Terms

We may update these Terms and Conditions periodically.

When changes are made, we will revise the "Last updated" date at the top of the page.

Material changes may also be communicated through the website, by email, or through another appropriate method.

Your continued use of the website or services after revised Terms become effective constitutes acceptance of the updated Terms.

29. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect.

The unenforceable provision will be modified only to the minimum extent necessary to make it enforceable where permitted.

30. No Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce it later.

A waiver is effective only if it is in writing and signed by an authorized representative.

31. Entire Agreement

These Terms and Conditions, our Privacy Policy, approved quotes, invoices, artwork approvals, and any written order-specific agreements constitute the entire agreement regarding your use of our services.

If an order-specific written agreement directly conflicts with these Terms, the order-specific agreement controls solely with respect to that order.

32. Contact Information

For questions concerning these Terms and Conditions, contact:

Quokka Brew LLC

Operating the GetMerch.com brand

Website: https://www.getmerch.com

Email: Support@GetMerch.com

Phone: (929) 605-4397

Mailing address: 7 Pennsylvania Plaza 9th floor, New York, NY 10001