GoMerch, LLC.
Terms of Sale

Last Updated on February 6, 2011

The shopping cart and checkout pages (the “Store”) located on this website (the “Website”) is a service offered by GoMerch, LLC. (“GoMerch, LLC” “we” or “our”). The Store functionality and transaction processing services are provided by GoMerch, LLC (“GoMerch”), a digital technology service provider to GoMerch. Your access to and use of the Store, including, without limitation, your purchase of any goods or services through the Store and all transactions through the Store, are subject to these Terms of Sale and the Terms and Conditions of Use Agreement applicable to this Website.

You accept these Terms of Sale by using the Store or accessing any content available on or through the Store. GoMerch reserves the right to change these Terms of Sale at any time. Customers are encouraged to review these terms periodically for any changes.

We do not collect personal information on anyone younger than 13 years old. Therefore, you must be 13 years of age or older to make any purchase from the Store. If you are at least 13 years of age but under the age of 18 and you would like to make a purchase from the Store or otherwise use the Store, you may do so only with the involvement of your parent or guardian who must accept these Terms of Sale on your behalf.

The use of “you” or “your” in these Terms of Sale refers to either (a) you as the actual person using the Store and making purchases, or (b) you as the parent or guardian of someone under the age of 18 years old, but at least 13 years old, who is using the Store, where you are making any purchases for that person who is using the Store.


To learn more about our store policies, click on a topic:

Contacting Customer Service
How to Pay
Security
Sales Tax
Order Confirmation
Processing an Order
How to Change Your Order
Digital Downloads - Certain Additional Terms
Shipping Policy
Advance Orders
Promotional E-Mail
Returns Instructions
Other Terms and Conditions

Contacting Customer Service

If you have questions about how the Store works or you have any other questions, you may be able to find an answer right away by visiting http://www.gomerch.com/go/contact/. Alternatively, you can contact Customer Service for assistance by phone at +1-877-264-4446.

We will respond to customer e-mail inquiries in the order they are received. You may be referred to an affiliate or other third party for purposes of customer support.

How to Pay

GoMerch accepts MasterCard, Visa and American Express credit cards. Your credit card will be charged when you place your order. We require the credit card security code in order to process your purchases to protect against fraud. The security code is an individual three- or four-digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express) or near your signature on the back of your card (if MasterCard or Visa).

Security

GoMerch is very sensitive to your concerns regarding the security of using your credit cards to purchase products over the Internet. Safeguarding your privacy and confidentiality is of the utmost importance to us. The Store uses Secure Sockets Layer (SSL) for financial transactions, which encrypts your data while it is being transferred over the Internet.

Sales Tax

In addition to the price of your purchases, GoMerch will charge you sales tax in states in which GoMerch is required to do so. The amount of sales tax (if any) will be calculated on taxable product and displayed during the checkout process before you confirm your purchase. It also will be included on your order confirmation.

Order Confirmation

Shortly after you complete your order, you should receive an order confirmation by e-mail, which will include your order confirmation number, your total order price (including any applicable sales tax and shipping and handling charges) and, if applicable, estimated shipment and arrival dates. If for some reason you do not receive an order confirmation, please contact us by clicking here http://www.gomerch.com/go/contact/. Please save your order confirmation number and refer to it if you need to contact Customer Service. For the latest status of your order or to get tracking info, please visit to http://www.gomerch.com/go/orderstatus/.

Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to limit the quantity of products in any order and/or reject any order in its entirety for any reason.

Processing an Order

The estimated shipment date on your order confirmation is based on product availability, payment processing time and warehouse processing time. The estimated shipment date does not include transit time. Upon shipment of your order, you should receive a shipment notification by e-mail and, if available, tracking information.

We will attempt to notify you by e-mail if any item cannot be shipped by the estimated ship date included in your order confirmation and you will be given the option to cancel your order and receive a full refund. We will begin processing orders received over the weekend or on holidays on the following business day.

How to Change Your Order

We will make every effort to process your order quickly. If you find that you have made an incorrect order for physical products, please notify us immediately by clicking here http://www.gomerch.com/go/contact/. If your order has not yet been shipped, we may be able to change it for you. However, if we are unable to do so, you may wish to refer below to our Returns Policy.

Digital Downloads – Certain Additional Terms

When you buy a song, an album, a video or other product by digital download, you are entitled to download it once. If you want to download it again, you must purchase it again. You should ensure that your computer is equipped with all necessary software to download and play all types of audio files such as MP3, M4A, WAV and AAC files. You may be required to install third party software to access some or all of the products or services available from the Store. You are responsible for ensuring that the software functions correctly with the relevant product or service. Additional terms and conditions provided by the software supplier may apply to your use of the software.

Shipping Policy

When you place an order, shipping costs and estimated shipping and arrival dates are displayed prior to final confirmation of your order. Shipping dates and shipping costs will depend upon a variety of factors, including the particular product(s) ordered, the availability of the product(s), and the shipping method and option you choose. You will receive a shipment notification e-mail for each order with tracking information, if available.

* Please allow 2-3 days handling/processing time for all orders
* Delivery dates are estimated by USPS, UPS and/ or FedEX and are to be used for reference only.
* Shipping costs are calculated and depend on the item's weight, dimensions, destination, and the shipping method you have chosen.
* If you chose a shipping option that provides a tracking number you can check the status of your package at http://www.gomerch.com/go/orderstatus
* To request your tracking number please contact us at http://www.gomerch.com/go/contact
* Items shipped internationally via standard surface and standard air mail do NOT provide a tracking number.
* If your item(s) have not arrived within a reasonable amount of time, and you have been provided a tracking number, please contact our customer service at +1-877-264-4446.
* We do not resend items or file "Missing Package" claims unless the package has not arrived after at least 6 weeks from shipping date.

If you have specific questions about our shipping policy, please contact us by clicking here http://www.gomerch.com/go/contact.

Advance Orders

Advanced pre-release ordering may be available for select products. These products have an “Advance Order” or “Pre-Order” icon or are otherwise identified as products available for pre-release ordering. These products will not be delivered before the release date specified. Advance order release dates are subject to change without notice. Occasionally, certain products offered on a pre-order basis may not be available before or after you place your order due to unforeseen circumstances. In such event, you will be given a full refund for any such pre-ordered product.

Promotional E-Mail

We may contact you from time to time by e-mail with information about artists and new products and services that we think may interest you. Our Privacy Policy includes details about how we may share and use information about you within the GoMerch group of companies worldwide and with artists and management. If you do not want to receive promotional e-mail about new products and services from the GoMerch group of companies or our artists, then you should check the box that reads “If you prefer not to receive promotional e-mails from us or our affiliates or artists, then please check here” (or similar language), when we first request your e-mail address at the time of purchase. If for some reason you forget to do this, you can request that we remove you from our e-mail list at any time by sending an e-mail to mailroom@GoMerch.com.

Returns Instructions

Here at gomerch.com we want you to be stoked 100% of the time, but understand that sometimes problems will happen. If you're simply not happy with your order, please return the item(s) for a refund. After your items have been returned and credited back to your account, you can place a new order for different merchandise. All returns must be made within 30 days of placing your order. We do not accept returns or exchanges after the 30 day period. All returned items must be in the original condition you received them in. We do NOT accept back washed or worn items. If a washed or worn item is returned, the return will be refused and sent back to you and you will be notified. Please be sure to ship the package with a carrier that can provide tracking and insurance. Typical turnaround time FOR RETURNS – with shipping – is about three (3) weeks, but may be longer during periods of high volume. For faster turnaround, please use an expedited shipping service (such as overnight or 2nd day).

Returns may be sent to:

GoMerch Returns
1601 Alton Parkway Ste B
Irvine, CA 92606

Please provide a copy of your receipt/packing sheet for a full refund.

We enclose a return form in every mail order package. If you are mailing an item to us, please take a minute to fill out this form to tell us how to best handle your return. If you do not have the return form, please download and print one here: http://www.gomerch.com/go/returns/. Please be sure to ship the package with a carrier that can provide tracking and insurance. GoMerch cannot replace packages lost during return shipment if proof of tracking is unavailable.

If the original purchase was made with a credit card, we will credit the credit card for the returned item(s) upon receipt. Once your refund has been processed, you will receive an email confirmation. After your items have been returned and credited back to your account, you can place a new order for different merchandise. Your original shipping cost is non-refundable.

If we sent you the wrong item by mistake, dont worry we will get you the correct item. Please fill out the return form and indicate to us that we made a mistake and when we receive your package back, we will credit you back for shipping the item back to us and will get your correct order out right away.

Gifts

If your order is a gift order and the gift recipient wishes to return or exchange any physical goods, the gift recipient may return the items with their original packaging and in their original condition within 30 days of receipt from GoMerch by following the Returns and Exchange Instructions above. Apparel items must be unworn with their original tags intact. CDs, DVDs, vinyl records and other music products must be unopened and still in their plastic wrap. Certain other product-specific restrictions may apply, which will be displayed prior to completion of the purchaser’s order of the applicable product.

Unless you are returning Defective Items, upon our receipt of the returned product, we will credit the credit card account originally charged for the cost of the item returned and any associated sales tax, but original shipping and handling charges are not refundable. The sender will be responsible for the return shipping costs.

Certain Non-Returnable Products

All sales of digital products are final. GoMerch does not permit the return of or offer refunds for digital downloads or other digital products. If you experience technical problems accessing a download, you may be able to resolve your problem right away by visiting http://www.gomerch.com/go/contact/.

All sales of print-on-demand products and other customized products are final. Unless you have received Defective Items, GoMerch does not permit the return of or offer refunds for these products.

Please note that some products may have special returns policies with product-specific terms, including items purchased from third-parties through the Store. All such additional or different product-specific terms will be displayed prior to completion of your order for the applicable product(s).

Other Terms and Conditions

We reserve the right to cancel any order you have placed if there was a typographical error on the Store concerning the product, pricing or availability of any item you ordered.

We reserve the right to change any products or services offered at the Store at any time. We also reserve the right to change the prices for any such products or services at any time.

© 2010 GoMerch, Inc. All rights reserved.