Terms and Conditions
Platform: Shelf Merch
Company: Chitlu Innovations Private Limited
Address: Win Win Towers,
Hi-Tech City Road, Madhapur,
Hyderabad, Telangana, India- 500081
Last Updated: November 13, 2024
Welcome to Shelf Merch!
Thank you for choosing Shelf Merch. Before using or accessing our platform, please take a moment to carefully read through these Terms of Service ("Terms"). This document constitutes a legally binding agreement between Shelf Merch (referred to as "we," "us," or "our") and you, the user (referred to as "you" or "User"), governing your use of our applications, software, products, and services (collectively, the "Service").
A. Definitions
1."Agreement"
Refers collectively to all the terms, conditions, notices contained or referenced in this document (the "Terms of Service") and any other operating rules, policies, including the Shelf Merch Privacy Policy and Intellectual Property Policy, as well as any procedures we may publish from time to time on our website, including but not limited to those related to Shipping, Payments, and Returns.
2."Content"
Includes all forms of content available on our platform, including but not limited to text, data, articles, images, photos, graphics, software, applications, designs, features, and other materials displayed on the website or accessible through the Service.
3."Consumer Packaged Goods"
Refers to products that are frequently used and replenished by customers, such as cosmetics, coffee, and supplements, offered through our platform.
4."Customers"
Refers to individuals or entities that purchase your products through a Sales Channel.
5."Orders"
Refers to your products once they have been purchased by you or your customers.
6."Produced Orders"
Refers to orders that have been completed, produced, and shipped to the customer.
7."Products"
Refers to all items offered by different providers on our platform, including but not limited to clothing, accessories, home decor, kitchenware, footwear, stationery, cosmetics, and other consumer packaged goods.
8."Providers"
Refers to the companies and third-party manufacturers that Shelf Merch partners with to offer products to users through our Service.
9."Sales Channels" or "Stores"
Refers to external websites and platforms where you sell your products, including but not limited to Shopify, WooCommerce, eBay, and Etsy.
10."Us," "We," and "Shelf Merch"
Refers to Chitlu Innovations Private Limited, including our affiliated legal entities, subsidiaries, directors, contractors, licensors, officers, agents, and employees. Shelf Merch may provide Services through various legal entities depending on factors such as provider location, your location, and the region of the transaction.
11."User," "You," and "Your"
Refers to the individual person, company, or organization that has visited or is using the website or Service, or who accesses or directs the use of any part of the account.
12."User Products"
Refers to products created by users by adding their own content using the Service. This includes visual representations or mockups of users’ products.
13."User-Generated Content"
Refers to content created or uploaded by users, including but not limited to written text, images, and designs.
14."Website"
Refers to the Shelf Merch website located at shelfmerch.com and all associated content, services, and products. It also includes Shelf Merch-owned subdomains and plugins, such as those available in the Shopify App Store or WooCommerce. If additional terms are specified for these plugins, they will take precedence over any conflicting terms in this document.
15."Your Content"
Refers to the content you create or own, excluding any physical ingredients or additions to products that are classified as consumer packaged goods.
16."Branding Element"
Refers to any customized element added to an order, such as personalized cards, packaging, or other branding components.
17."Illicit Activity"
Refers to any intentional act or omission, including deception, misrepresentation, or concealment of material facts, committed with the purpose of obtaining an unjust advantage, causing harm, or violating laws. This includes but is not limited to:
a. Defrauding others of money or services through false pretenses or manipulation.
b. Forgery, including creating or using false documents, signatures, or payment instruments.
c. Fraudulent misrepresentation through false statements or omissions with the intent to deceive others.
d. Engaging in or facilitating money laundering, terrorism financing, or sanction circumvention.
e. Any acts considered unlawful under applicable laws.
18."Shelf Merch Digital Store"
Refers to Shelf Merch’s service that allows you to publish user products on a dedicated section of the Shelf Merch e-commerce store
19."Shelf Merch Branding"
Refers to the service enabling you to add a customized branding element to orders sent to customers.
20."Your Digital Store"
Refers to the section of the e-commerce store hosted by Shelf Merch that you create using the Shelf Merch Digital Store service, dedicated to showcasing and selling your products.
B. General Terms
1. Acceptance of Terms
When you use our Services and Content, you agree to abide by the following:
Our Terms of Service
Our Privacy Policy
Our Intellectual Property Policy
Any other referenced terms or policies listed herein.
2. Entire Agreement
Except as supplemented by additional terms, conditions, policies, guidelines, or standards, this Agreement constitutes the complete understanding between Shelf Merch and you. It supersedes any prior oral or written agreements related to the access and use of the Service.
3. Severability
If any provision of these Terms of Service is found to be invalid or unenforceable, that provision will be removed without affecting the validity and enforceability of the remaining provisions.
C. Applicability of Terms
By using our Service, you acknowledge and accept these Terms of Service. If you do not agree to the Terms, you must discontinue use of the Service. If you are already registered, please cancel your account.
D. Modifications to the Terms
Shelf Merch reserves the right to update the Terms of Service periodically, with the most current version always available on our Website. If a revision is significant, we will notify you. The "Last Updated" date reflects the most recent modification. Continued use of the Service following any changes implies acceptance of the revised Terms. If you disagree with the new Terms, please stop using the Service and cancel your account.
E. Scope of Shelf Merch’s Services
Shelf Merch is an online marketplace for print-on-demand dropshipping. We collaborate with various Providers to offer customizable Products that you can design with your Content and sell to Customers. We also provide integrations with different Sales Channels, enabling easy publishing of your Products to your Stores. When Customers purchase your Products through a Sales Channel, we coordinate with Providers who print and deliver the Products directly to the Customers.
• As a Service provider, Shelf Merch does not own, create, sell, resell, manage, offer, deliver, or manufacture any Products. Providers are solely responsible for the quality, printing, and delivery of your Products. In case of issues with a Product, please refer to Section J below.
• If you use the Service to sell your Products, your relationship with Shelf Merch is strictly as a client. You are not an employee, agent, joint venturer, or partner of Shelf Merch. You act independently on your own behalf and for your benefit, not on behalf of Shelf Merch.
• While we provide guidelines and facilitate dispute resolution, Shelf Merch has no control over the final quality of your Product and does not guarantee that the Product will match your Mockup. Printing technologies, product offerings, and operations may vary between Providers. Users must conduct their own due diligence to select the best Provider for creating their Products.
• Shelf Merch may provide access to various external resources or third-party services ("Third-Party Sites"). We do not endorse or control these Third-Party Sites, which may have their own terms and policies. Shelf Merch is not responsible for the accuracy, content, or products of these services. You are advised to assess the appropriateness of accessing Third-Party Sites and to safeguard your personal information accordingly.
• Due to the nature of the Internet, Shelf Merch cannot guarantee uninterrupted access to the Service. We reserve the right to limit access when necessary due to capacity constraints or server integrity. Additionally, access may be restricted for maintenance to ensure optimal functionality. Shelf Merch may periodically improve, modify, or introduce new features as part of its Service offering.
F. Who Can Access Shelf Merch and Use the Service?
1. Eligibility Requirements
You must be at least 18 years old to access and use the Service or to create a Shelf Merch account. By accessing and using our Service, you represent and warrant that you are 18 years of age or older and have the legal capacity and authority to enter into a contract.
2. Accounts for Entities
If you are creating an account on behalf of a company, organization, or other entity, "You" will include both you and the entity. You represent and warrant that you have the authorization to grant all permissions and licenses required under these Terms of Service and to bind the entity to these terms.
3. Additional Terms and Conditions
Access to certain areas and features of the Service may be subject to additional policies, standards, or guidelines, or may require acceptance of additional terms. If there is a conflict between these Terms of Service and specific terms applicable to a feature or area of the Shelf Merch Service, the specific terms will take precedence unless stated otherwise.
4. Account Registration Requirement
To use our Service, you must register an account. Details on how to register are provided in the following section.
5. Tax Responsibility
You are solely responsible for paying any applicable taxes that may arise from your use of the Service.
G. Rules for Creating and Maintaining an Account
1. Account Creation Requirements
To create an account with Shelf Merch, you may be required to provide certain personal information, such as your full legal name, current address, phone number, email address, and payment details. This information will be used in accordance with our Privacy Policy. By creating an account, you agree to provide accurate and complete information and to update it promptly if it changes. You further agree that:
• You must be at least 18 years old to create an account or access the Service.
• You may not have more than one account at any time.
• You may not create an account using false information or on behalf of someone else unless authorized by that person or entity.
• If you have been previously removed by Shelf Merch, you may not create a new account or use the Service.
• Shelf Merch reserves the right to reject your registration or cancel an existing registration at its sole discretion.
• The primary method of communication will be the email address you provide during registration.
• Any harassment or abusive behavior towards Shelf Merch employees may result in immediate account termination.
2. Account Security
You are responsible for maintaining the confidentiality of your account credentials and must not share them with any third party. If you suspect that your credentials have been compromised or if there is unauthorized use of your Shelf Merch account, you must notify us immediately. You are solely responsible for all activities conducted through your account. Shelf Merch is not liable for any loss resulting from unauthorized use of your username or password, with or without your knowledge. To the extent permitted by law, you will be responsible for any expenses and legal fees incurred due to failure to safeguard your account information or promptly notify the company of a breach.
3. Account Suspension and Termination
Shelf Merch expressly disclaims any liability arising from the revocation, cancellation, or suspension of your account for any reason. Your account and registration will be terminated immediately if you breach any of the terms herein. You may terminate your account at any time by going to Account Settings > Personal Data > Delete My Data. Before deleting your account, ensure you have disconnected your store from all sales channels, unsubscribed from any business plans, and removed your registered payment methods. Deleting your account is irreversible, and you will no longer have access to your data. However, you will still be responsible for any pending orders and charges.
4. Prohibited Activities
You represent and warrant that you will not engage in any illicit activity against Shelf Merch or any third party, including while using our Service or during your sales process to customers. Shelf Merch reserves the right to request any necessary documents, information, or materials, including "Know Your Client" (KYC) documentation, and may conduct interviews to ensure compliance with these Terms. At its discretion, Shelf Merch may suspend the Service in whole or in part and withhold any payments due to you if it reasonably believes that you have engaged in illicit activities or violated these Terms.
H. Rights to Content on Shelf Merch
1. License to Use the Service: Shelf Merch grants you a limited, revocable, non-exclusive, non-transferable license to access and use its services for your individual purposes. All other rights remain with Shelf Merch.
2. Ownership of Your Content: You retain ownership of all content you upload, request for printing, or customize through Shelf Merch, except for the rights granted to Shelf Merch to operate and promote the service.
3. Content Guidelines: You must only upload content that you own or have permission to use. You are responsible for ensuring that your content does not violate any laws, infringe on intellectual property, or contain prohibited material. Shelf Merch reserves the right to remove content that is found to be in violation.
4. License Granted to Shelf Merch: By using the service, you grant Shelf Merch a non-exclusive, sublicensable, royalty-free license to use, display, store, and reproduce your content solely for operating, developing, and promoting the service.
5. Usage Restrictions: You agree not to:
Resell or transfer access to the service.
Reverse engineer, decompile, or create derivative works from the service.
Use the service for illegal activities or content that violates laws, promotes self-harm, harassment, or hate speech, or infringes intellectual property.
Upload sensitive personal information without consent.
6. Prohibited Content: Content related to child exploitation, harassment, hate speech, illegal activities, and support of terrorism is strictly prohibited. Shelf Merch may remove such content without prior notice.
7. Monitoring and Availability: Shelf Merch may monitor activity to ensure compliance with its terms but has no obligation to do so. Service availability is not guaranteed due to maintenance, capacity limits, or server integrity. Shelf Merch reserves the right to update and enhance its services as needed.
This revised policy ensures streamlined content management while protecting users' rights and the integrity of the platform.
I. Payments on Shelf Merch
1. No Platform Fees: Shelf Merch does not charge any fees unless you subscribe to the Premium Plan.
2. Order Payment: To fulfill customer orders or purchase samples, payment is required upfront. The cost includes product price, shipping, and taxes as per the Shelf Merch catalog.
3. Payment Methods: Orders are charged first from your Shelf Merch balance, followed by the connected payment method (credit/debit card or PayPal).
4. Order Processing: Payments are made when orders are sent to production. Users can choose to be charged per order or batch orders together.
5. Coupons: Shelf Merch may issue coupons as credits for manual or sample orders. These are single-use, non-transferable, and cannot be combined.
6. Dispute Resolution: For order issues, contact Shelf Merch support before filing disputes with your payment provider. Refunds, if issued, will be in the form of credits to your Shelf Merch balance.
7. Withdrawals: Withdrawn funds are returned to the original payment source (PayPal or card).
8. Sales Tax: Users are responsible for applicable sales taxes. Consult a tax accountant for guidance on drop-shipping regulations.
9. Payment Entities: Depending on various factors, payments may be processed by different Shelf Merch legal entities.
J. Order Issue Handling by Shelf Merch
1. Production Responsibility: Shelf Merch does not hold inventory or manufacture products. Production quality depends on the selected provider, and users must choose providers based on their requirements.
2. Conflict Resolution: All disputes should be directed to Shelf Merch Merchant Support within 30 days of product delivery. Contacting providers directly may result in account suspension.
3. Non-Refundable Orders: Products are made to order and non-refundable. Incorrect details such as size, color, or address are the merchant's responsibility. Changes may be accommodated at Shelf Merch's discretion.
4. Quality Control: Updated artwork goes through a quality check. Issues will be communicated via email. If users do not respond within 7 days, the order proceeds without eligibility for refunds or replacements.
5. Production Times: Listed times are estimates. Contact support if an order is delayed beyond typical production times. Lost shipments may be eligible for replacements.
6. Refunds & Replacements: Faulty products may be refunded or replaced at Shelf Merch's discretion. Refunds are issued as credits to your account balance.
7. Order in Transit: No refunds are provided for orders still in transit unless deemed lost by support.
8. Address Validity: Merchants must ensure accurate delivery addresses. Costs for reshipments or cancellations due to incorrect addresses are the merchant's responsibility.
9. Non-Delivery: If an order is undelivered for 30 days (US/EU) or 45 days (international), contact support within a week for eligibility on reprint/refund.
10. Delivered but Not Received: If tracking shows delivery but the order is reported missing, Shelf Merch will investigate on a case-by-case basis.
11. Shipping Delays: Shelf Merch does not guarantee delivery dates as they depend on carriers. No refunds or reprints are offered for delays unless the package is lost in transit.
12. Refund/Reprint Refusal: Refunds or reprints may be refused for issues like artwork errors, incorrect file placement, or not following design guidelines.
K. Limitation of Liability
1. Liability Limitation: To the fullest extent permitted by law, Shelf Merch and its affiliates, officers, agents, and providers will not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of use, profits, or data. Liability, whether arising from contract, negligence, or other legal theories, is capped at the greater of the total fees paid to Shelf Merch or $100. This limitation does not apply where prohibited by law.
2. Indemnification: You agree to indemnify and hold harmless Shelf Merch, its subsidiaries, affiliates, and providers against any claims or demands, including legal fees, arising from (a) your breach of the Terms, (b) your negligence or intentional misconduct, or (c) your violation of laws or third-party rights.
3. Warranty Disclaimers:
• Shelf Merch provides the service on an "as is" and "as available" basis without any express or implied warranties, including but not limited to warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Use of the service is at your own risk.
• Shelf Merch does not guarantee (a) the service's availability or security at any time, (b) correction of defects or errors, (c) that content is free from harmful components like viruses, or (d) that service results will meet your expectations.
• Any advice or information obtained from Shelf Merch does not constitute a warranty unless explicitly stated.
• Shelf Merch is not liable for the actions of third parties, including providers or external sites. The risk associated with third-party products or services is your responsibility.
• If you have not subscribed to additional services like Shelf Merch Premium, you are solely responsible for communications and interactions with customers. Shelf Merch does not warrant product quality or guarantee uninterrupted, error-free service, nor does it vouch for the accuracy or reliability of provider information
L. Legal Issues with Shelf Merch
If you have legal concerns with Shelf Merch, you agree to first attempt resolution through direct discussion with us. If unresolved, disputes will be subject to arbitration. If the matter is not suitable for arbitration, all legal proceedings will take place in the State of Telangana.
M. Shelf Merch Digital Store
1. Applicability: This section applies specifically to the Shelf Merch Digital Store Service and takes precedence over other terms if any discrepancies arise.
2. Digital Store Creation: You can use the Shelf Merch Digital Store Service to create and publish your own store, accessible through a unique link. Support materials for store creation are available on the Shelf Merch Help Center.
3. Sales and Management: Shelf Merch acts as the seller for all products, determining prices, availability, and sales terms. We manage payments, refunds, and customer support. All sales data, including customer information, is owned and controlled by Shelf Merch.
4. Intellectual Property License: To facilitate your store listings and promotions, you grant Shelf Merch a non-exclusive, worldwide license to use, display, modify, and distribute the content you upload (e.g., images, text).
5. Content Standards: All listings must meet quality standards, and promotional content must be accurate and exclusively related to Shelf Merch products and services.
6. Royalty Payments: You earn royalties based on the difference between the sale price and associated costs (production, returns, taxes, markup). Royalties are paid the following month after the sale, only if the payment is received from the customer and the sale results in a profit. No royalties are paid on refunded or disputed transactions.
7. Tax Responsibilities: Shelf Merch may add sales tax to your listing price as required by law and will deduct applicable taxes from your earnings. You are responsible for paying any additional taxes in your jurisdiction on the income earned through Shelf Merch. You may need to provide tax-related information to Shelf Merch, and payments may be withheld until this information is provided.