Terms of service

GENERAL TERMS AND CONDITIONS



1. SUBJECT OF REGULATION

1.1. These terms and conditions regulate the rights and obligations of the contractual parties arising from the purchase agreement concluded between the Seller, which is the company MERCHYOU s.r.o., with its registered office at Na Pántoch 7681/10, 831 06 Bratislava, Company ID: 44 307 110, registered in the Commercial Register of the Bratislava III District Court, section: Sro, insert no. 53702/B, email: info@merchyou.com, and the Buyer, whose subject is the purchase and sale of Goods on the Seller’s e-commerce Website.


2. DEFINITIONS


2.1. The terms defined in this section of the Terms and Conditions (TC) shall have the following meanings for the purposes of these TC and their respective annexes:
2.1.1. “Promotion” refers to special sales conditions or service provisions that have been regulated or formulated separately and are available in the E-shop (e.g., price reductions, bulk discounts, reduced shipping costs, etc.).
2.1.2. “Current Offer” means the offer of Goods published on the Seller’s Website, which includes, in particular, an image and textual description of the Goods (e.g., name, volume, color, or other distinguishing attributes of individual Goods) and information on the current price. Changes to the current offer of Goods (including price changes) are effective from the moment they are published on the Website. These changes do not apply to Purchase Agreements concluded before the respective change of the Current Offer.
2.1.3. “ADR” (Alternative Dispute Resolution) refers to an alternative dispute resolution conducted under the Alternative Dispute Resolution Act.
2.1.4. “Total Price” means the Purchase Price for the Goods, including the price for Shipping and any fees associated with the selected payment method.
2.1.5. “Data Subject” is a natural person over 16 years of age—a Buyer, a potential customer, or a person who has registered on the Seller’s Website and whose personal data is processed by the Seller. This is a person who can be identified directly or indirectly, particularly by reference to an identifier such as a name, identification number, online identifier, or reference to one or more factors specific to their physical, physiological, genetic, mental, economic, cultural, or social identity.
2.1.6. “E-shop” refers to the Seller’s online store located on its Website, allowing the purchase of Goods offered by the Seller on that site. Through the E-shop, the Seller primarily enables the conclusion of Purchase Agreements and the use of other related functions.
2.1.7. “GDPR” refers to the General Data Protection Regulation (EU) 2016/679 of April 27, 2016, concerning the protection of natural persons regarding the processing of personal data and the free movement of such data, repealing Directive 95/46/EC.
2.1.8. “Creator” is an online tool available on the Website that allows uploading Print Data, generating Print Data using artificial intelligence (AI), and creating custom Print Data from predefined designs and color combinations.
2.1.9. “Purchase Price” means the final price of the Goods, including the applicable VAT rate as determined by the legal regulations of the Slovak Republic. The Purchase Price does not include Shipping or any fees related to the selected payment method.
2.1.10. “Purchase Agreement” is a bilateral legal act regulating the rights and obligations between the Buyer and the Seller, the subject of which is the purchase and sale of Goods, or the provision of a Service, through the E-shop, including services provided in connection with the purchase of Goods.
2.1.11. “Buyer” means a natural person—either a consumer or an entrepreneur—who is capable of legal acts and has expressed interest in purchasing Goods through the E-shop and concluding a Purchase Agreement with the Seller for the purchase of Goods offered through the E-shop. The Buyer must duly complete and send a binding order via the E-shop to the Seller. If the Buyer is a legal entity, its statutory representative or an authorized representative acts on its behalf.
2.1.12. “Civil Code” refers to Act No. 40/1964 Coll. Civil Code, as amended.
2.1.13. “Commercial Code” refers to Act No. 513/1991 Coll. Commercial Code, as amended.
2.1.14. “Order” means a proposal to conclude a Purchase Agreement, in which the Buyer specifies, among other things, the type, quantity, and quality of the Goods they are interested in. The Buyer then submits this proposal to the Seller.
2.1.15. “Order Form” refers to the electronic form containing the Buyer’s billing details, including:
  • For Consumers: Name, surname, residential address, email, and phone number.
  • For Entrepreneurs: Business name, registered office, Company ID, VAT ID, VAT registration number, email, and phone number.
In both cases, it includes delivery details if different from the billing address, payment method, the cost of delivery, and a designation of the ordered Goods (including quantity) and the Purchase Price including VAT.
2.1.16. “Terms and Conditions (TC)” refers to these terms and conditions for the E-shop issued by the Seller.
2.1.17. “Authorized Person” is a person different from the Buyer, listed in the binding Order as the person to whom the ordered Goods should be delivered. Indicating the name of the Authorized Person in the Order Form is considered their authorization to receive the ordered Goods.
2.1.18. “Entrepreneur” refers to:
(i) A person registered in the Commercial Register.
(ii) A person conducting business based on a trade license.
(iii) A person conducting business under special regulations.
(iv) A natural person engaged in agricultural production and registered according to a special regulation.
For the purposes of these TC, an Entrepreneur also refers to a person acting within the scope of their business activity. If the Buyer indicates their Company ID in the Order, they acknowledge that the rules for entrepreneurs specified in these TC apply to them.;
2.1.19. “Shipping” means the costs of delivering the Goods (i.e., the cost of delivery).
2.1.20. “Order Confirmation” refers to the acceptance of the proposal to conclude a Purchase Agreement by the Seller.
2.1.21. “Seller” refers to the company MERCHYOU s.r.o., registered at Prešovská 45, 821 02 Bratislava, Company ID: 44 307 110, recorded in the Commercial Register of the Bratislava III District Court, section: Sro, insert no. 53702/B, which operates the E-shop to which these Terms and Conditions apply. 
2.1.22. “Registration” refers to the completion of an electronic form containing fields for entering the Buyer’s information (including personal data in the case of a Consumer). Fields marked with an asterisk are mandatory, and their completion is necessary for successful registration and completion of a purchase. Registration provides certain benefits offered by the Seller, such as:
  • A simplified purchasing process for future orders,
  • The ability to track order status,
  • Shopping with discounts,
  • An overview of all previous orders,
  • Regular updates on new products, etc.
2.1.23. “Complaints Procedure” refers to the document that governs the process of handling claims for defects in Goods purchased via the Seller’s E-shop. The Complaints Procedure is an integral part of these Terms and Conditions and is available on the Website https://merchyou.shop/policies/refund-policy.
2.1.24. “Consumer” refers to a natural person who, when concluding and fulfilling a consumer Purchase Agreement, does not act within the scope of their business or other entrepreneurial activity. Consumer rights information is an integral part of these Terms and Conditions and is available on the Website https://merchyou.shop/policies/legal-notice.
2.1.25. “Print Data” refers to text, images, photographs, graphics, and other visual elements intended for use in the production of customized Goods.
2.1.26. “Goods” refers to movable items, primarily various types of clothing and accessories offered for sale through the E-shop. The Buyer can choose from:
2.1.27. Standard Goods available in the Seller’s current offer, or Customized Goods, which the Buyer can modify and personalize by specifying special requirements and using the online tool Creator.
2.1.28. “Service” refers to a separately orderable performance provided by the Seller electronically, which is not Goods, in particular the processing of the Buyer’s graphic artwork into a print-ready form (conversion into a print format, background removal, adjustment to print quality). The output of the Service is delivered to the Buyer electronically to the email address stated in the Order. The provisions of these Terms and Conditions on Goods apply to the Service accordingly, unless stated otherwise below.
2.1.29. “Criminal Code” refers to Act No. 300/2005 Coll. Criminal Code, as amended.
2.1.30. “Website” refers to the Seller’s website: https://merchyou.shop/.
2.1.31. “Act on Alternative Consumer Dispute Resolution” refers to Act No. 391/2015 Coll. on alternative dispute resolution for consumer disputes and amendments to certain laws, as amended.
2.1.32. “Personal Data Protection Act” refers to Act No. 18/2018 Coll. on personal data protection and amendments to certain laws, as amended.
2.1.33. “Consumer Protection Act” refers to Act No. 108/2024 Coll. on consumer protection and amendments to certain laws, as amended.

2.2. If these Terms and Conditions and/or their annexes refer to specific legal regulations or their provisions that have since been amended, re-enacted, or directly or indirectly replaced by other relevant legal regulations or their provisions, such references shall be deemed to refer to the relevant legal regulations or their provisions as amended, re-enacted, or directly or indirectly replacing the original relevant legal regulations or their provisions, in their current valid wording.

2.3. In these Terms and Conditions and/or their annexes, in special agreements related to these Terms and Conditions, their amendments, and/or annexes:
2.3.1. references to persons include both natural persons and legal entities;
2.3.2. headings are included in these Terms and Conditions solely for better clarity and do not affect their interpretation;
2.3.3. a “day” refers to a calendar day unless otherwise specified;
2.3.4. references to sections, articles, or annexes of these Terms and Conditions refer to the respective sections, articles, and annexes of these Terms and Conditions unless otherwise specified.

2.4. The content of the annexes to these Terms and Conditions shall be interpreted as having the same validity and effect as if it were stipulated directly in these Terms and Conditions.

2.5. The Seller states that the definitions and terms contained in these Terms and Conditions and/or their annexes may differ from the terminology used on the Website. However, it shall be deemed that the definitions and terms used in these Terms and Conditions and/or their annexes, as well as on the Website, are interpreted according to their linguistic expression and what their usual meaning conveys.


3. REGISTRATION – CUSTOMER ACCOUNT

3.1. Based on the Buyer’s registration on the Website, the Buyer gains access to their user interface (customer account). From their customer account, the Buyer can place orders for Goods. The Buyer can order Goods exclusively by registering directly on the Website.

3.2. When registering on the Website and when ordering Goods, the Buyer is required to provide all information correctly and truthfully. The Buyer must promptly update any changes to the information in their customer account. The Seller considers the information provided by the Buyer in their customer account and during the ordering process to be accurate and truthful.

3.3. Access to the customer account is secured by a username and password. The Buyer must maintain the confidentiality of the information required to access their customer account and acknowledges that the Seller is not responsible for any breach of this obligation by the Buyer.

3.4. The Buyer is not authorized to allow third parties to use their customer account. If they do so, it shall be deemed that the Buyer has used the customer account themselves and is fully liable for any actions performed.

3.5. The Seller may terminate the customer account, particularly if:
  • The Buyer has not used their customer account for more than 6 months, or
  • The Buyer has violated their obligations under the Purchase Agreement, these Terms and Conditions, or applicable legal regulations.

3.6. The Buyer acknowledges that the customer account may not be available continuously, particularly in cases of:
  • Necessary maintenance of the Seller’s hardware and software systems, or
  • Necessary maintenance of the hardware and software systems of third parties.
The Seller will make reasonable efforts to ensure that such necessary maintenance does not take place on working days between 8:00 AM and 12:00 AM CET.


4. CONCLUSION OF PURCHASE AGREEMENTS


4.1. A Purchase Agreement is concluded when the Seller receives a proposal to conclude a Purchase Agreement and formally accepts it in writing. Based on this agreement, the Seller delivers the ordered Goods to the Buyer.

4.2. The Buyer can:
  • Select Goods that the Seller offers in their standard assortment, or
  • Create a custom design for Goods according to their specific requirements by selecting the option “Edit in Creator.”
By choosing this option, the Buyer can specify the size, color, and upload Print Data according to their preferences. The Buyer can also modify a predefined design using Creator, such as adjusting size, placement, and other attributes.
If the Buyer orders Goods customized according to their special requirements, they cannot withdraw from the Purchase Agreement or return the customized Goods, as stated in § 19 (1)(c) of the Consumer Protection Act. The terms for concluding a Purchase Agreement for customized Goods are further detailed in Article 5 of these Terms and Conditions.

4.3. The Buyer must place an Order exclusively through their customer account, which was created during their registration in the E-shop. Orders must be placed by filling out the Order Form on the Website and submitting it via the E-shop, following the specified terms and instructions.
The E-shop provides a list of Goods along with their main characteristics and prices, which include all applicable taxes and fees. The price may vary depending on modifications made to the Goods using Creator. The presentation of Goods in the E-shop is for informational purposes only and does not constitute a binding offer for concluding a contract under § 43a et seq. of the Civil Code.

4.4. To order Goods, the Buyer must:
  • Click on the shopping cart icon,
  • Fill out the Order Form,
  • Specify the quantity and parameters of the Goods,
  • Select a payment method and delivery option.
Orders placed through the E-shop are binding under § 43a (2) of the Civil Code. If the Buyer uses the AI Generator (via the Creator service on the Website), the Order is considered submitted to the Seller at the moment the Print Data is generated.
The Order is finalized by clicking the “Binding Order” button, which includes a notification that the Order requires payment for the Goods.
The Buyer may cancel the Order by phone or email, provided that the cancellation occurs before the Seller has sent the Order Confirmation. Once the Order Confirmation has been sent, cancellation is only possible by mutual agreement with the Seller, who is entitled to reimbursement of incurred costs.

4.5. By placing an Order, the Buyer agrees to these Terms and Conditions and:
4.5.1. Consents to receiving an electronic invoice in their profile on the Website, as per Article 10.1 of these Terms and Conditions.
4.5.2. Acknowledges their right to withdraw from the Purchase Agreement, as stated in Article 12 of these Terms and Conditions.
4.5.3. Declares that all information provided is accurate and complete. Order details are considered correct and cannot be modified after submission.
The Order is archived in the customer account under “My Orders,” which the Buyer can access after logging in. Additional order-related information may be sent to the Buyer’s email. Both parties agree that updates on the Order processing will be sent via email notifications.

4.6. An Order is canceled if:
4.6.1. The Seller rejects the Order.
4.6.2. The Buyer does not receive an Order Confirmation within 5 days.
4.6.3. The Order Confirmation is a timely written statement from the Seller to the Buyer, confirming that the Order is accepted without changes. The Order Confirmation becomes effective upon its delivery to the Buyer’s email address.
The Seller’s silence or inaction does not constitute an Order Confirmation.
The Order Confirmation (Order Acceptance) includes, at a minimum:
  • Order number,
  • Name and specifications of the Goods,
  • Total price of the Goods and shipping fees,
  • Selected payment method,
  • Estimated delivery time,
  • Delivery location details,
  • Seller’s information,
  • Any additional relevant information.
The Buyer will receive, along with the Order Confirmation, a link to the current version of these Terms and Conditions and the Complaints Procedure.
The Order Confirmation does not guarantee the accuracy of the provided data as per Section 5.1 of these Terms and Conditions.
4.6.4. The Buyer does not have an automatic right to conclude a Purchase Agreement. The Seller reserves the right to reject the Order without providing a reason.
4.6.5. A Purchase Agreement is concluded at the moment the Order Confirmation becomes effective, meaning when the Order Confirmation is delivered to the Buyer’s email address as provided in the Order or registration form in the E-shop.
By concluding a Purchase Agreement, the Seller commits to delivering the ordered Goods to the specified delivery location, and the Buyer commits to accepting the Goods and paying the Purchase Price and Shipping Fee.
If the Order was not confirmed via email by the Seller, the Purchase Agreement is considered concluded upon delivery of the Goods to the Buyer.
4.6.6. Any modification of the Order after the Purchase Agreement has been concluded is a proposal to amend the Agreement and is only possible by mutual agreement between the Buyer and Seller. The Seller is not obligated to accept any proposed changes.
4.6.7. Ownership rights to the Goods under the Purchase Agreement are transferred to the Buyer upon the cumulative fulfillment of the following conditions:
(i) Full payment of the Total Price, and
(ii) Acceptance of the Goods by the Buyer.


5. PURCHASE AGREEMENT FOR CUSTOMIZED GOODS


5.1. Before completing the Order, the Buyer may submit Print Data, which will be part of the visual customization of the ordered Goods customized according to special requirements. The Buyer agrees to the use of these Print Data for marketing purposes by the Seller or the manufacturer of the Goods. Print Data must be in the format, colors, and dimensions specified in the E-shop.
If the format is incorrect, the Buyer agrees to provide new Print Data at the Seller’s request. If the Buyer refuses to cooperate in resolving the incorrect format or other defects in the provided Print Data, the Seller is entitled to decline the conclusion of the Purchase Agreement or withdraw from the Purchase Agreement.
The Seller is not responsible for errors caused by incorrect Print Data provided by the Buyer. If Print Data is supplied in insufficient quality (resolution or other aspects), the Seller is not responsible for any quality deficiencies in the final product resulting from the provided Print Data.
The Seller is not obligated to assess the quality of Print Data or notify the Buyer about its insufficiencies or inaccuracies.

5.2. For customization of Goods to be produced according to the Buyer’s special requirements, the Buyer is required to use the online tool Creator, available on the Website, which allows the Buyer to:
5.2.1. Upload Print Data in the approved format (if the Buyer has pre-created their own Print Data to use on the Goods),
5.2.2. Use the AI Generator (if the Buyer does not have pre-created Print Data and wishes to generate it using artificial intelligence tools), or
5.2.3. Create their own Print Data from predefined designs and color combinations available in the Creator service.

5.3. After completing the design, the Buyer has the option to save their design, which will be sent to the email address provided.
If the Buyer decides to purchase the Goods, they must click “Select Size and Add to Cart”, where they will be given the final size selection option before adding the Goods to the cart. The Buyer then proceeds according to Article 4 of these Terms and Conditions.

5.4. Changes to the Print Data or Order specifications are only possible before production begins. The Buyer must inform the Seller in writing (by email) about such changes.
The Seller is not responsible for errors caused by incorrect ordering of customized Goods or for errors caused by failure to comply with the basic rules for submitting Print Data, as specified on the Website.

5.5. The Seller is not responsible for factual or typographical errors contained in the Print Data. When uploading, generating, and creating Print Data through the Creator service, the Buyer must follow the instructions provided on the Website.
If the Seller detects a discrepancy between the Print Data submitted by the Buyer and the instructions on the Website, the Buyer will be immediately informed, resulting in the negative verification of the Print Data, and the Goods cannot be produced according to the provided specifications.
The Seller is not responsible for delays in the production of customized Goods caused by the submission of incorrect, faulty, or incomplete Print Data by the Buyer.
If the Print Data contains a defect, and the correct and complete Print Data is provided at a later time, the delivery time stated in Article 7 of these Terms and Conditions will only begin once the correct Print Data has been delivered and approved.
If an Order contains multiple types of customized Goods with different delivery times, the Order will be shipped only once all items have been produced, based on the item with the longest production time.
At the Buyer’s request, it is possible to ship part of the Order separately, but the Buyer must cover the additional Shipping Costs for such partial shipment.

5.6. Orders placed through the E-shop are binding under § 43a (2) of the Civil Code. If the Buyer uses the AI Generator (via the Creator service on the Website), the Order is considered submitted to the Seller at the moment the Print Data is generated.

5.7. The Seller customizes the Goods according to the Buyer’s specific requirements (by printing on them). The Buyer is responsible for ensuring that the customization of customized Goods does not infringe on the rights of third parties.
The Seller has the right to request proof of authorization to use the chosen print design (e.g., trademarks). If proof of authorization is not provided, the Seller has the right to decline the conclusion of the Purchase Agreement or withdraw from it.
The Buyer is only allowed to submit Print Data for which they have the appropriate rights and which do not violate the legal regulations of the Slovak Republic, international treaties, or the laws of the countries where the customized Goods will be delivered.

5.8. The Buyer acknowledges that to submit and print their own Print Data, they must have the appropriate license or rights to use such Print Data. If the Buyer is unsure about their right to use the Print Data, they must contact the rights holder.
In uncertain cases, such Print Data may not be used. The Buyer is fully responsible for any Print Data uploaded into the Creator tool. The use of trademarks or company logos without authorization constitutes a violation of intellectual property rights.
If a third party claims their intellectual property rights have been violated and takes legal action against the Seller, the Buyer agrees to:
  • Indemnify the Seller from any claims made by the third party,
  • Take corrective actions required by the third party, and
  • Fully compensate the Seller for any damages and associated costs.

5.9. By uploading Print Data into the Creator service, the Buyer declares and guarantees that:
(i) They own the Print Data or have the legal right and authorization to use it.
(ii) The publication and use of the Print Data in the Creator service does not infringe upon any third-party rights, including but not limited to privacy rights, copyrights, trademarks, and other intellectual property rights.
(iii) They agree to pay all licensing fees and any other financial obligations related to the use of the Print Data for producing customized Goods.
(iv) They have the legal capacity to enter into the Purchase Agreement.
(v) When using the Creator service, they will not create or upload any content that violates the intellectual property rights of others or contains prohibited content according to these Terms and Conditions.
If the Buyer is uncertain about their rights concerning the Print Data, they must refrain from uploading such Print Data into the Creator service.
The Seller is not responsible for the content of the designs ordered by the Buyer. The Buyer is legally responsible for the content of the Print Data uploaded to the E-shop’s online interface.The Seller does not bear any liability in this regard.

5.10. The Buyer agrees that if they use the Creator service under Section 5.2.2 of these Terms and Conditions, they will comply with the following conditions for using the AI Generator:
5.10.1. Limitation of Liability for AI-Generated Content – The Seller is not responsible for the content generated by the AI tool, nor for its compliance with the Buyer’s specific instructions or expectations. The use of this feature and the content it generates is at the Buyer’s own risk.
5.10.2. Buyer’s Responsibility and Compliance with Rules – The Buyer is responsible for the content generated using the AI feature. This content must comply with the rules set out in these Terms and Conditions and must not infringe on intellectual property rights or any other third-party rights.
5.10.3. Risks Associated with AI-Generated Images – The Buyer acknowledges that using the AI Generator carries certain risks, such as the possibility of creating content that may unintentionally infringe intellectual property rights, display sensitive material, or fail to meet copyright protection requirements. The Buyer agrees to assess these risks in every case and ensure that all AI-generated Print Data comply with applicable legal regulations and these Terms and Conditions.
5.10.4. Indemnification – The Buyer agrees to indemnify the Seller and its partners against any claims, damages, or legal actions arising from the Buyer’s use of the AI Generator. The Buyer is responsible for any legal issues or violations of rights resulting from the use of AI-generated Print Data.
5.10.5. Restrictions on the Use of AI-Generated Print Data – AI-generated Print Data may only be used for the Buyer’s personal purposes. In the case of commercial use, the Buyer is required to obtain written consent from the service provider.
5.10.6. Storage of AI-Generated Print Data – Print Data generated through AI tools will be stored by the service provider of this function.
By using the AI Generator on the Website, the Buyer agrees to these terms of use and accepts the obligations associated with using this technology.

5.11. The Seller is entitled (but not obligated) to monitor and review the content of Print Data.
In addition to Print Data that infringes on intellectual property rights or any other third-party rights, it is strictly prohibited to upload, create, or generate Print Data that contains:
5.11.1. Hate speech – Content that advocates, promotes, or incites hatred, violence, or unjustified discrimination against a group of people or an individual based on their race, nationality, ethnicity, skin color, origin, sexual orientation, religion, disability, or health condition, or that encourages criminal activity, terrorism, or extremism.
5.11.2. Extremist material – Content that would result in the creation of extremist material within the meaning of § 130 (7) of the Criminal Code.
5.11.3. Sexual content – Content that depicts sexual intercourse, other forms of sexual acts, or nudity.
5.11.4. Content exploiting or abusing children – Including, but not limited to, images or depictions of child abuse or sexual exploitation, or content that portrays children in a sexual context.
5.11.5. Harassment and defamation – Content that harasses, bullies, defames, or threatens specific individuals.
5.11.6. Personal or sensitive information – Content that includes personally identifiable information, sensitive personal data, or confidential details such as credit card numbers, government-issued IDs, or account passwords, unless the individual concerned has explicitly consented.
5.11.7. Self-harm promotion – Content that promotes self-harm or suicide.
5.11.8. Support for organized crime or terrorism – Content that supports organized crime or terrorist groups (as defined in the Criminal Code) or encourages membership in such groups.
5.11.9. Content violating ethical or social norms – Content that contradicts good morals and ethical societal standards.
The Buyer agrees to refrain from uploading, creating, or generating any Print Data that falls under these prohibited categories or that violates intellectual property rights or any other third-party rights.
In the event of a violation, the Buyer (if a Consumer) agrees to pay the Seller a contractual penalty of 10% of the Purchase Price for each individual violation. If the Buyer is an Entrepreneur, they agree to pay a contractual penalty of 25% of the Purchase Price for each individual violation.
Orders containing prohibited Print Data or Print Data that violates intellectual property rights or any other third-party rights may be rejected, and the Seller is entitled to withdraw from the Purchase Agreement.

5.12. Unless otherwise agreed, the Seller commits to delivering customized Goods within 30 business days from the Order Confirmation and full payment of the Total Price.
The Seller reserves the right not to fulfill the Order if the Print Data is not provided in the required quality. In such a case, the delivery period may be extended, and the Seller will inform the Buyer accordingly.

5.13. The Seller does not tolerate rights violations and reserves the right to decline production of customized Goods and withdraw from the Purchase Agreement if the Print Data appears to infringe intellectual property rights or any other third-party rights or contains prohibited content under these Terms and Conditions.
The Buyer is responsible for compensating the Seller for any damages resulting from violations of the obligation to refrain from uploading, creating, or generating prohibited Print Data or Print Data that infringes intellectual property rights or any other third-party rights.

5.14. The Seller reserves the right to suspend or terminate the Buyer’s customer account, block or remove any content or designs that are considered potentially infringing on third-party rights, or if they violate the Seller’s policies.


5a. AGREEMENT ON THE PROVISION OF THE SERVICE


5a.1. The Buyer orders the Service through the E-shop by uploading a file with the artwork, selecting the requested scope of the Service, and submitting the Order. The price is stated for the processing of a single file; processing an additional file requires a new Order for the Service.
5a.2. The Seller shall provide the Service and deliver its output electronically, as a rule within 3 business days of the Total Price being credited to the Seller’s account. For technically demanding requests, the Seller will inform the Buyer by email and agree on an alternative deadline. The time limits under Article 7 of these Terms and Conditions do not apply to the Service.
5a.3. The Buyer is responsible for holding the necessary rights to the uploaded artwork and for ensuring that it does not infringe the rights of third parties. Sections 5.8 and 5.9 of these Terms and Conditions on the Buyer’s responsibility for the content provided apply equally to artwork uploaded as part of an Order for the Service.
5a.4. The Seller is not responsible for the quality of the output to the extent it is limited by the quality of the artwork supplied by the Buyer (in particular low resolution). If the artwork does not allow the Service to be provided, the Seller shall promptly inform the Buyer and refund the Total Price.
5a.5. By submitting an Order for the Service, a Buyer who is a Consumer expressly consents to the Service being provided before the expiry of the withdrawal period and declares that they have been duly informed that, by giving this consent, they lose the right to withdraw from the agreement once the Service has been fully provided (§ 19 (1)(a) of the Consumer Protection Act).


6. PURCHASE PRICE OF GOODS 

6.1. The purchase price for the ordered Goods is specified in the Order and in the Order Confirmation. The purchase price is final, always includes VAT, and is set in Euros (€).

6.2. The purchase price of the Goods does not include Shipping Costs, which will be charged separately based on the delivery method chosen by the Buyer, nor does it include fees for the selected payment method chosen by the Buyer. The Buyer is obligated to pay the Seller the Total Price specified in the Order Confirmation, including delivery costs and any fees associated with the selected payment method.

6.3. All Promotions are valid until stock runs out or until the specified promotional period expires, unless otherwise stated for a specific Goods item.

6.4. By concluding the Purchase Agreement, the Buyer commits to paying the Total Price to the Seller using one of the following payment methods, which the Buyer can select during the ordering process on the Website. The available payment methods are subject to change and depend on the current offerings displayed on the Website:
6.4.1. Apple Pay and Card Pay – Online card payment to the Seller’s account before the Goods are delivered, using debit or credit cards.
6.4.2. Internet Banking – Payment to the Seller’s account via online banking payment tools (e.g., Tatra Pay, Sporo Pay, VÚB e-payments, etc.).
6.4.3. Bank Transfer – Payment via a standard bank transfer to the Seller’s account.
6.4.4. Cash on Delivery (COD) – Payment in cash upon receiving the Goods from Slovenská Pošta or another courier. Cash on Delivery is not available for customized Goods.
Additional payment methods may be listed on the Website. The Buyer acknowledges that if a particular payment method listed in these Terms and Conditions is not available at the time of finalizing the Order, the Buyer must select one of the available payment options during the checkout process.
Some payment methods may be subject to fees, which are displayed on the Website. The final Total Price in the Order includes all fees associated with the selected payment method.
Certain payment methods, such as PayPal, may redirect the Buyer to a third-party payment system. In such cases, the Seller recommends that the Buyer reviews the Total Price, personal data, and terms of the third-party payment provider before proceeding.

6.5. For cash payments, the Total Price is due upon receipt of the Goods. For cashless payments before delivery, the Total Price is due within five days of receiving the Order Confirmation.

6.6. The Buyer’s obligation to pay the Total Price is fulfilled when the amount is credited to the Seller’s account or when the cash payment is handed over to the courier in the case of Cash on Delivery.

6.7. When using Internet Banking with bank payment tools, the Buyer enters all payment details on the secured banking website, and the Seller does not access the Buyer’s payment data. The Seller only receives confirmation of the transaction’s success. The Seller does not charge any fees for using bank payment tools.

6.8. When paying by Bank Transfer, the Seller’s payment details are provided in an email sent to the Buyer. The Buyer can complete the payment via bank transfer or cash deposit into the Seller’s account. The Buyer must enter the correct variable symbol when making the payment. If the wrong variable symbol is used, the electronic system may not correctly assign the payment to the Order.

6.9. Promotional prices are valid until the date specified in the product details or until stock is depleted. Any additional discounts beyond those listed for individual Goods in the E-shop, such as individual Buyer discounts or discounts based on third-party collaborations, cannot be combined, unless otherwise specified.

6.10. The Buyer acknowledges that if they place an Order for Goods at a price that was mistakenly published due to an internal system error, the Seller has the right to withdraw from the Purchase Agreement, even if the Buyer has received an Order Confirmation.
If this occurs, the Seller will notify the Buyer of the situation. Such technical system errors may include but are not limited to:
6.10.1. An obviously incorrect price (e.g., a price that does not reflect the purchase cost).
6.10.2. A missing or extra digit(s) in the Goods’ price.
6.10.3. A discount exceeding 50% without the Goods being part of a special marketing campaign or clearance sale marked with a special symbol.
The Seller warns that its information system may automatically display incorrect price reductions for Goods affected by a system error, incorrectly marking them as discounted or on clearance.
If the Buyer has doubts about whether a Goods item is genuinely discounted or whether there is an obvious pricing error, they may contact the Seller to verify the correct price.

6.11. The prices of Goods and services on the Website are valid for as long as they are displayed on the Website.
Discounts cannot be combined, unless explicitly stated otherwise.
Price changes after an Order has been submitted do not affect Orders that have already been placed.

6.12. The Invoice serves as a tax document, which also functions as a delivery note and warranty certificate (unless otherwise agreed). It will be sent to the Buyer via email.
If the tax document is missing, the Buyer must inform the Seller as soon as possible by phone or email, as stated in these Terms and Conditions.
By agreeing to these Terms and Conditions, the Buyer also agrees to receive these documents in electronic form.


7. DELIVERY TIME (SHIPPING PERIOD)


7.1. The delivery time is specified separately for each Goods item and indicates the number of business days within which the Seller usually dispatches the Goods (i.e., hands over the package to the carrier/delivery service) from the date of concluding the Purchase Agreement. The Buyer is obligated to review the estimated delivery times published on the Website.
Unless otherwise stated:
  • The delivery time for available Goods (i.e., Goods in stock or with the supplier) is 20 business days from the Order Confirmation and payment of the Total Price.
  • For Cash on Delivery (COD) payments, the Seller will generally ship the Goods within 20 business days from the Order Confirmation.
  • The delivery time for customized Goods is 30 business days from the Order Confirmation and payment of the Total Price.
The Seller commits to making every effort to ensure that the Goods are delivered within the stated timeframe.
If the ordered Goods or a part of the Order cannot be delivered within the specified timeframe, the Seller will inform the Buyer as soon as possible and provide an estimated new delivery date or propose the delivery of a replacement product.
If the Seller is unable to secure the Goods even within an additional delivery period, the Buyer has the right to withdraw from the Purchase Agreement. If the Total Price (or part of it) has already been paid, the Seller will refund the Buyer within 30 days to the bank account designated by the Buyer.

7.2. The Seller acknowledges the possibility of delayed delivery due to circumstances beyond their control, such as:
  • Force majeure,
  • Power outages,
  • Internet connection disruptions,
  • Machine malfunctions at the Seller’s or supplier’s facility, etc.
If such a situation occurs, the Seller must immediately inform the Buyer. The Seller is not liable for delays caused by these external factors, and proving such circumstances exempts the Seller from legal consequences related to delivery delays.

7.3. If the Buyer selects a payment method other than Cash on Delivery (COD), the delivery period specified in Section 7.1 begins only after the Total Price is credited to the Seller’s account, provided that the Buyer has entered the correct payment reference number. If the wrong payment reference number is used, the delivery period begins only after the payment is correctly linked to the Buyer’s Order.

7.4. Each Goods item on the E-shop Website includes an estimated availability status.
If the Seller determines that an ordered Goods item is unavailable (even if it was previously marked as available), the Seller will inform the Buyer and offer the option to either split the Order or cancel it.
If the Total Price has already been paid, the Seller will refund the Buyer for the unavailable Goods.

7.5. If no specific packaging method is agreed upon, the Seller will package the Goods according to industry standards. If no standard exists, the Seller will use packaging necessary for the preservation and protection of the Goods.

7.6. The Seller’s obligation to deliver the Goods within the specified period is considered fulfilled on the day the shipment is dispatched.
The Seller’s delivery obligation is met when the Goods are handed over to the first carrier.
If the Buyer unreasonably refuses to accept the Goods or fails to collect the shipment according to the courier’s instructions and terms, this will not be considered a failure on the Seller’s part to deliver the Goods, nor will it be treated as withdrawal from the Purchase Agreement by the Buyer.


8. PLACE OF DELIVERY


8.1. The place of delivery is the address specified by the Buyer in the Order as the delivery location.


9. METHOD OF DELIVERY TO THE PLACE OF DELIVERY

9.1. The Buyer can select the delivery method during the ordering process.

9.2. The available delivery methods and the Shipping Price List are listed on the Website. The Total Price in the Order includes all costs associated with the selected shipping method.

9.3. The Shipping Price List applies only to standard shipments and when the entire Order is shipped as a single package. If the Order is split into multiple shipments, the total shipping cost may be higher. All shipping costs include VAT.

9.4. Free shipping is available for certain special Promotions. In such cases, it is not necessary to exceed the standard shipping threshold to qualify for free shipping. However, the same conditions apply, meaning delivery is limited to Slovakia and must be shipped as a single package.


10. DELIVERY OF GOODS


10.1. The Seller’s obligation to deliver the Goods is fulfilled when the ordered Goods are:
  • Handed over to the Buyer or an Authorized Person at the place of delivery, or
  • Transferred to the first carrier for shipment.
The invoice (tax document), which also serves as a warranty certificate, will be sent to the Buyer’s email address provided in the Order or in the E-shop registration form, or it will be available in the Buyer’s profile.

10.2. The Buyer is obligated to accept the Goods at the agreed place and time, either personally or by ensuring that someone else accepts them.

10.3. The obligation to deliver the Goods is also considered fulfilled if the Buyer:
  • Fails to collect the Goods at the agreed time and place, or
  • Refuses to accept the Goods.
If the Buyer fails to accept the Goods and the package is returned to the Seller, the Seller has the right to withdraw from the Purchase Agreement and demand reimbursement for:
  • Return shipping costs,
  • Storage costs, and
  • Any other costs incurred due to the Buyer’s failure to collect the Goods.
Re-delivery of the shipment is only possible by mutual agreement.
Storage fees:
  • €0.50 per day (including VAT) or 15 CZK per day (including VAT), up to a maximum of €20 (including VAT) or 500 CZK (including VAT).
  • If the Purchase Price is lower than €20 or 500 CZK, the storage fee cannot exceed the Purchase Price.

10.4. The Seller is not responsible for delayed delivery caused by the courier (Slovenská Pošta, courier services) or due to an incorrect delivery address provided by the Buyer.
The Buyer gains ownership of the Goods upon:
  • Receiving them at the place of delivery, and
  • Paying the Total Price in full.
Once the Goods are received, the Buyer also assumes the risk of accidental loss or damage.

10.5. Upon receiving the package, the Buyer is required to inspect it to check for:
  • Any damage to the packaging (e.g., mechanical damage caused during transportation).
  • Any visible defects in the Goods.
If the package or Goods are visibly damaged, the Buyer has the right to refuse acceptance of the shipment.
If the Buyer refuses to accept a package due to damaged packaging, this will not be considered an unjustified refusal to accept the Goods.


11. LIABILITY FOR DEFECTS


11.1. The details regarding the Buyer’s rights as a Consumer concerning liability for defects and the procedure for filing complaints are governed by the Complaints Policy, which forms an integral part of these Terms and Conditions.

11.2. Liability for defects in Goods, including warranty for quality, in business relationships between the Seller and a Buyer who is not a Consumer (under the Consumer Protection Act), is governed by the relevant provisions of the Commercial Code and the Complaint Protocol.


12. WITHDRAWAL FROM THE AGREEMENT


12.1. Under § 19 (1) in connection with § 20 (1)–(3) of the Consumer Protection Act, a Buyer who is a Consumer has the right to withdraw from the Purchase Agreement within 14 days from the date of receiving the Goods, without providing any reason.
This right is exercised in accordance with the Consumer’s Right of Withdrawal Policy, published on the Seller’s Website.
However, under § 19 (1) of the Consumer Protection Act, the Buyer cannot withdraw from the Purchase Agreement in cases where the Goods are:
  • Manufactured according to the Buyer’s specifications, or
  • Custom-made.
Cases where the Buyer is not entitled to withdraw from the agreement are outlined in the Consumer’s Right of Withdrawal Policy.
A Buyer who is a Consumer cannot withdraw from an agreement for the provision of a Service if its provision began with the Buyer’s express consent given before the expiry of the withdrawal period, the Buyer declared that they had been duly informed that, by giving this consent, they lose the right to withdraw from the agreement once the Service has been fully provided, and the Service has been fully provided (§ 19 (1)(a) of the Consumer Protection Act).

12.2. The withdrawal notice must include:
  • Buyer’s full name,
  • Email address,
  • Order number,
  • Description of the ordered Goods, and
  • Bank account details for the refund.
For legal certainty and to ensure proof of withdrawal, the Buyer is advised to send the withdrawal notice by:
  • Postal mail to the Seller’s address:
MERCHYOU, Prešovská 45, 821 02 Bratislava, Slovakia, or
  • Email to complaints@merchyou.com.

12.3. If the Buyer submits the withdrawal notice via email or an online form, the Seller is obligated to send the Buyer an email confirmation acknowledging the receipt of the withdrawal request.

12.4. The withdrawal period is considered met if the Buyer sends the withdrawal notice to the Seller no later than the last day of the 14-day period.
By withdrawing from the Purchase Agreement, the agreement is canceled from the beginning.

12.5. After the Buyer withdraws from the Purchase Agreement, the Seller is required to:
12.5.1. Take back the Goods, with the Buyer obligated to send the Goods to the Seller’s address. The Buyer is advised to send the Goods as a registered parcel.
  • Cash-on-delivery returns are not accepted; the Seller reserves the right to refuse such shipments.
  • A copy of the invoice (tax document) must be included in the package.
12.5.2. Refund the Buyer all payments received under the Purchase Agreement without undue delay, but no later than 14 days from receiving the withdrawal notice.

12.6. The Seller is not obligated to refund additional costs if the Buyer has chosen a delivery method other than the cheapest standard shipping option offered by the Seller.
Additional costs refer to the difference between the cost of the Buyer’s chosen delivery method and the cost of the Seller’s cheapest standard delivery option.

12.7. The Seller reserves the right to withhold the refund until the Buyer returns the Goods or provides proof of shipment to the Seller.
If the returned Goods are damaged or have decreased in value due to handling beyond what is necessary to determine their nature, characteristics, and functionality, the Seller will refund the Purchase Price minus compensation for the damage.
The Seller’s claim for compensation will be offset against the Buyer’s refund.
The remaining refund amount (after deducting any damages) will be transferred to the Buyer’s bank account, unless otherwise agreed.

12.8. The Buyer is obligated to return the Goods to the Seller no later than 14 days after withdrawing from the Purchase Agreement.
This deadline is considered met if the Goods are handed over to the carrier on or before the last day of the 14-day period.
The Buyer bears the cost of returning the Goods to the Seller.

12.9. The Seller is entitled to withdraw from the Purchase Agreement in the following cases:
12.9.1. If the Buyer fails to pay the Total Price within 30 days from the Order Confirmation when paying by bank transfer.
12.9.2. If the Buyer does not cancel the Order or withdraw from the agreement under Section 12 but fails to collect the ordered Goods from the courier, designated pickup location, or postal office within the given collection period.
12.9.3. If, despite the Seller’s best efforts, the ordered Goods cannot be delivered because they are:
  • Out of stock,
  • No longer manufactured, or
  • No longer supplied, and the Seller is unable to source them from alternative suppliers.
12.9.4. If there is a significant change in the purchase price of the Goods from the Seller’s supplier.

12.10. The Seller’s withdrawal from the Purchase Agreement is effective on the day the withdrawal notice is delivered to the Buyer.
  • An email notification is sufficient for withdrawal.
  • The Seller will refund the Purchase Price within 14 days of withdrawal via bank transfer, unless otherwise agreed.

12.11. The Seller’s withdrawal from the Purchase Agreement does not affect the Seller’s right to claim compensation for costs incurred due to an unsuccessful delivery attempt.

12.12. A Buyer who is an Entrepreneur is only entitled to withdraw from the Purchase Agreement for reasons permitted by applicable laws, particularly under the Commercial Code, or based on an individual agreement with the Seller.


13. PERSONAL DATA PROTECTION

13.1. In connection with the introduction of new data protection legislation, namely Regulation (EU) 2016/679 of the European Parliament and Council on the protection of natural persons regarding the processing of personal data and the free movement of such data (General Data Protection Regulation, GDPR), as well as the implementation of compliance measures by the Seller, the general information obligation regarding personal data protection is published on the Website.


14. ALTERNATIVE DISPUTE RESOLUTION

14.1. If the Buyer is dissatisfied with the handling of their Order, the delivered Goods, or the Seller’s services, they are entitled to submit any questions or complaints via email to the Seller at: complaints@merchyou.com.
If the Seller does not resolve the complaint to the Buyer’s satisfaction, or if the Buyer believes their rights have been violated, they are entitled, under the Consumer Dispute Alternative Resolution Act, to initiate an alternative dispute resolution (ADR) process.

14.2. Alternative dispute resolution can only be used by a Consumer (a natural person) who, when entering into and fulfilling the consumer Purchase Agreement, is not acting in the course of their business, employment, or profession.
Alternative dispute resolution only applies to disputes between a Consumer and the Seller where the value of the dispute exceeds €20, arising from a consumer Purchase Agreement concluded remotely.

14.3. The ADR authority is the Slovak Trade Inspection Authority (Slovenská obchodná inšpekcia, SOI) or another legal entity registered in the list of ADR entities maintained by the Ministry of Economy of the Slovak Republic.
The Buyer may submit a proposal for ADR:
  • In written form,
  • Electronically, or
  • Orally into the official record.
The Buyer is entitled to submit a proposal in accordance with § 12 of the Consumer Dispute Alternative Resolution Act, as well as through the official form available on the following websites:
  • Ministry of Economy of the Slovak Republic: www.economy.gov.sk
  • Slovak Trade Inspection Authority (SOI): www.soi.sk
  • EU Online Dispute Resolution Platform (ODR):


15. FINAL PROVISIONS

15.1. These Terms and Conditions take effect on March 3, 2025, and supersede all previous versions.

15.2. The Seller reserves the right to unilaterally amend or supplement these Terms and Conditions. Any changes to the Terms and Conditions will become effective on the date of their publication on the Seller’s Website: https://merchyou.shop/policies/terms-of-service. Legal relationships arising from the Purchase Agreement will always be governed by the Terms and Conditions in effect at the time of the Order placement.

15.3. These Terms and Conditions are an integral part of the Purchase Agreement concluded between the Seller and the Buyer and are binding for both parties. The Purchase Agreement is archived electronically by the Seller and is not publicly accessible.

15.4. These Terms and Conditions, as well as all documents that form an integral part of them, the Purchase Agreement, and all legal actions arising from them, are governed by the laws of the Slovak Republic.
For contracts involving international elements, in accordance with Article 3 of Regulation (EC) No. 593/2008 of the European Parliament and the Council (Rome I Regulation), the contracting parties agree that the applicable law governing the Purchase Agreement and these Terms and Conditions will be the law of the Slovak Republic, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
This does not affect the Consumer’s rights under generally binding legal regulations, including Article 6 of the Rome I Regulation.

15.5. Any disputes between the Seller and the Buyer shall be subject to the jurisdiction of Slovak courts.
Disputes between the Seller and a Buyer who is a Consumer may also be resolved out of court in accordance with Article 14 of these Terms and Conditions.

15.6. The contracting parties agree that the Seller is entitled to unilaterally offset any claim against the Buyer arising from any cause against any claim the Buyer has under or in connection with the Purchase Agreement.

15.7. The Seller is not responsible for errors resulting from third-party interference with the E-shop or from its improper use. The Buyer must not use procedures that could negatively impact the operation of the E-shop, nor engage in any activity that would allow unauthorized access or use of the software or other components of the E-shop. The Buyer must not use the E-shop or its parts/software in a manner that is contrary to its intended purpose.

15.8. These Terms and Conditions and the Purchase Agreement are concluded in the Slovak language, unless otherwise agreed by the contracting parties.
Other language versions of these Terms and Conditions and the Purchase Agreement may be published on the Website, but the Slovak language version always takes precedence over other language versions.

15.9. Legal relationships between the Seller and a Consumer Buyer, established under the Purchase Agreement, shall be governed by:
  • The terms of the Purchase Agreement (i.e., the Order and Order Confirmation),
  • These Terms and Conditions,
  • The relevant provisions of the Civil Code, and
  • The generally binding legal regulations on consumer protection.
Legal relationships between the Seller and a Business Buyer shall be governed by:
  • The terms of the Purchase Agreement (i.e., the Order and Order Confirmation),
  • These Terms and Conditions, and
  • The relevant provisions of the Commercial Code.
The provisions of the Purchase Agreement take precedence over the provisions of these Terms and Conditions and over discretionary provisions of general legal regulations.
The provisions of these Terms and Conditions take precedence over discretionary provisions of general legal regulations.
If these Terms and Conditions conflict with binding legal regulations, the binding legal regulations shall prevail.

15.10. If any provision of these Terms and Conditions is or becomes invalid, ineffective, and/or unenforceable, this shall not affect the validity, effectiveness, and/or enforceability of the remaining provisions, unless the nature of such a provision prevents this under applicable law.
The Seller and the Buyer agree to replace any such invalid, ineffective, and/or unenforceable provision with a valid provision that most closely fulfills the original intent.
If the Seller determines that a provision of these Terms and Conditions is invalid, ineffective, and/or unenforceable, they will replace it with a valid provision that most closely fulfills the original purpose.

15.11. These Terms and Conditions apply in the version published on the Website on the date the Buyer places an Order.
By submitting an Order, the Buyer confirms that they have read and agreed to these Terms and Conditions, which include the Complaints Policy, Personal Data Protection Policy, and the Consumer’s Right of Withdrawal Policy.
The Buyer may contact the Seller via phone or email with any questions regarding these Terms and Conditions or the Purchase Agreement, and the Seller will provide all necessary information.


Bratislava, March 3, 2025