Terms and conditions

Thank you for using Kids38.com! Before using or accessing our platform, please read these 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”). 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 and Privacy Policy. If you do not agree to this Agreement, do not use the Site and the Services. Merch38 Inc is a print-on-demand company that prints and fulfils the products (“Products”) directly to you. If you use our Service only for your personal use, you are considered the “User”. If you use our Service to execute orders or deliver Products to third parties, you are considered the “Merchant”.

Modification

Merch38 Inc reserves the right, at its discretion, to modify this Agreement, fees, charges, and terms at any time. You are responsible for reviewing and becoming familiar with any such modifications. Use of the Service following such notification constitutes your acceptance of the modified terms. 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 or other materials — “Content”) that you post, submit, upload, display or use through our Service is your content. We don’t make any claim to it.

• Responsibility for the Content. You are solely responsible for the Content you print through the Service. You represent that you have all necessary rights to the Content and that you are not infringing or violating any third party’s rights by printing it through Kids38.
• Rights you grant Merch38 Inc. By approving your Content for printing you grant Merch38 Inc a non-exclusive, 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.
• Unauthorized content. Please respect the work and creative rights of others. You must either own the Content you print or have 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. By accepting this Agreement and using our Service you attest that you own all rights (including copyrights) for the Content you print, or that you have express authority and written permission to use it.

Use of service

We grant you a limited, non-exclusive, non-transferable and revocable license to use our Service subject to this Agreement and the following:

• Share your ideas. Any unsolicited ideas or materials you submit to Merch38 Inc are considered non-confidential and non-proprietary. 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.
• Communication methods. By using our Service you agree that we may provide legal information electronically (by email, etc.) instead of mailing paper copies.

Payments and fees

When you order a Product you will be charged the current fees, which we may change from time to time (for example during holiday sales). The sale is submitted for processing and you are charged as soon as you confirm the order; 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 limited circumstances, you are responsible for all sales taxes, VAT, GST and other taxes and duties associated with the Products, if and as applicable.

Shipping and returns

Once you have confirmed an order it may not be possible to edit or cancel it. We are not bound to make such modifications, but we will do our best on a case-by-case basis. Replacement of Products claimed as damaged or not received is subject to Merch38 Inc investigation and discretion. The consignee pays taxes and duties in addition to the purchase price. The risk of loss and title for items pass to you upon our delivery to the carrier. It is your responsibility to file a claim with the carrier if tracking indicates that the Product was delivered; in such a case Merch38 Inc will not refund or resend the Product. Merch38 Inc reviews replacement/return requests only if (a) a Product is missing or broken, or there is a print error for which Merch38 Inc is at fault, and (b) Merch38 Inc receives the 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. Delivery costs are additional to the Product’s price and may vary depending on location and type of Product; additional charges may apply for remote or hard-to-access locations. We cannot guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for Products delivered after the estimated date. Ownership of the Products passes to you when we receive full payment of all sums due, including delivery charges and taxes.

General

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