Merch38 Inc 
411 Morningside Ave, Unit A
Fairview, NJ 07022

Last Updated: May 9, 2020

Thank you for using Kids38.com! Before using or accessing our platform, please read this Terms of Service (the “Terms of Service”) carefully. 

Terms of Service
The following terms and conditions (the “Agreement”) govern all use of the kids38.com website (the “Site”) and the services available on or at the Site. The Service is owned and operated by Merch38 Inc (“Kids38”, “we”, “our”, “us”, etc.). The Service is offered subject to your (“you”, “your”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by Merch38 Inc – including, without limitation, Shipping, Return Policy, Privacy Policy and others. If you do not agree to this Agreement, do not use the Site and the Services. Merch Inc is a print-on-demand company that prints and fulfilments the products (“Products”) directly to you. If you use our Service only for your personal use, you are to be considered as the “User”. If you use our Service to execute orders or deliver Products to third parties, you are to be considered as the “Merchant”.

Modification
Merch38 Inc reserves the right, at its discretion, to modify this Agreement, fees, charges, and terms at any time. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by you following such notification constitutes your acceptance of the terms and conditions of changes as modified. If you do not agree to the modified terms, you may send Kids38 a written notification.

Content
All content (information, images, pictures, data, text, photographs, graphics, messages, contributions map or other materials), hereinafter “Content”, that you post, submit, upload, display or use, hereinafter “post”, using our Service is your content. We don’t make any claim(s) to it. 

• Responsibility for the Content. You understand that you are solely responsible for the Content that you printing through the Service. You represent that you have all necessary rights to the Content and that you’re not infringing or violating any third party’s rights by printing it through Kids38. 

• Rights You Grant Merch38 Inc. by approving the posting your Content, you grant Merch38 Inc a nonexclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, store, and prepare derivative works of your Content to provide the Service. 

• Reporting Unauthorized Content. We ask that you respect the work and creative rights of others. You need to either own the Content you print in Merch38 Inc, or have the express authority to print it. Content must comply with the right of publicity, trademark and copyright laws, and all other applicable state and federal laws. 

• Copyright Responsibility. You agree and attest by accepting this Agreement and using our Service that you own all rights (including copyrights) for the Content you print, or if you are not the owner, that you have express authority and written permission to use the Content, and that you have all of the rights required to print the Content. 

Use of Service
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service, platform, and integration subject to this Agreement and the following restrictions in particular:

• Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Service. Any unsolicited ideas or other materials you submit to Merch38 Inc are considered non-confidential and nonproprietary to you. You grant us a non-exclusive, worldwide, royalty-free, non-revocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time. 
• Communication Methods. Merch38 Inc will provide you with certain legal information in writing. By using our Service, you’re agreeing to our communication methods which describe how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment). 

Payments and fees 
When you order a Product you will be charged the current fees, which we may change from time to time (such as when we have holiday sales or offer you a discount of base product prices). The sale will be submitted for processing and you will be charged as soon as you click on the “confirm” button. You will then receive an email from us. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Service. 

Taxes 
Aside from the limited circumstances set out below, you are responsible for (and shall charge) all sales taxes, VAT, GST and other taxes and duties associated with the Products (if and as applicable). 

Shipping and returns 
Once you have clicked on the “Proceed to checkout” button, it might be not possible to edit or cancel your order. We are not bound to make such modifications in your order, but we will do our best on a case-by-case basis. Replacement of Products claimed as damaged or not received are subject to Merch38 Inc investigation and discretion. The consignee will pay the taxes & duties in addition with the purchase price of the goods. The risk of loss and title for such items pass to you upon our delivery to the carrier. It is your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Merch38 Inc will not make any refunds and will not resend the Product. Merch38 Inc will review replacement/return requests only if (a) there is a missing or broken Product, or a print error if Merch38 Inc is at fault and (b) Merch38 Inc receives a complaint within 30 days from the day the Product was delivered or within 30 days after the estimated delivery date, if the Product is missing.

Delivery 
We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. We cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible. Ownership of the Products will only pass to you/Customer when we receive full payment of all sums due in respect of the Products, including delivery charges and taxes.

General 
Merch38 Inc reserves the right to transfer or assign this Agreement or any right or obligation under this Agreement at any time. This Agreement shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.