Terms & Conditions
Last Updated: 2025/01/01
These Terms and Conditions ("Terms") govern your use of the MST Merchandise website (https://www.mstmerchandise.com/) and all services provided by MST Merchandise ("we," "us," or "our"). Please read these Terms carefully before placing an order or using our website.
By accessing our site, requesting a quote, or placing an order, you agree to be bound by these Terms and our Privacy Policy.
1. Account Registration
You may be required to create an account to access certain features. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to provide accurate and complete information.
2. Orders & Acceptance
* **Quotations:** All quotations provided are valid for a specified period (e.g., 30 days) and are subject to product availability.
* **Placing an Order:** Your order constitutes an offer to purchase our products. All orders are subject to acceptance by us. We will send you an order confirmation email. A contract between us is only formed when we send you an order confirmation, not when you submit your order.
* **Order Cancellation:** You may request to cancel an order, but cancellation is only possible if production has not yet begun. Orders in production or shipped cannot be cancelled.
3. Artwork & Intellectual Property
* **Your Responsibility:** You are solely responsible for ensuring that all artwork, logos, and designs ("Artwork") you submit are original, do not infringe upon any third party's copyright, trademark, or other intellectual property rights, and are not obscene or defamatory.
* **License:** By submitting Artwork, you grant MST Merchandise a limited license to use, reproduce, and modify the Artwork solely for the purpose of fulfilling your order.
* **Proofs:** We will provide a digital proof for your approval. It is your responsibility to review the proof carefully for accuracy in spelling, color, layout, and size. MST Merchandise is not liable for errors not corrected by you after the proof has been approved.
4. Pricing & Payment
* **Pricing:** Prices are listed in US Dollars. We reserve the right to adjust prices due to errors, changes in supplier costs, or fluctuations in shipping rates. The price confirmed on your invoice is the final price.
* **Payment Terms:** Full payment is required before production begins, unless other credit terms have been expressly agreed upon in writing. We accept major credit cards and other designated payment methods.
* **Taxes:** You are responsible for all sales taxes, duties, or other governmental charges applicable to your order.
5. Production, Shipping & Delivery
* **Lead Times:** Estimated production and shipping times are provided as a guide only and are not guaranteed. We are not liable for delays caused by unforeseen circumstances, including but not limited to supplier delays, carrier issues, or force majeure events.
* **Shipping Risk:** Title and risk of loss for products pass to you upon our delivery to the carrier. Shipping costs are non-refundable.
* **Inspection:** You must inspect the products upon delivery. Any claims for damaged or incorrect items must be reported to us within 7 days of receipt.
6. Returns, Refunds & Claims
Please refer to our detailed [Return Policy] for specific instructions. Returns for custom-manufactured or imprinted goods are generally not accepted unless the item is defective or we have made an error. In such cases, we will, at our option, replace the item or issue a refund.
7. SMS/Text Messaging Communications
SMS Content Type:
The page states that you may send promotional and offer-related SMS messages. However, based on the use case you selected, "Account Notification," this type of content is not allowed. Please remove any references to promotional or marketing messages from the Terms and Conditions to remain compliant with the approved use case.
By opting in to our SMS service, you agree to the following terms:
* **SMS Consent and Data Usage:** The information, including phone numbers, obtained as part of the SMS consent process will not be shared with third parties or affiliate companies for marketing purposes.
* **Types of SMS Communications:** By consenting to receive text messages from MST Merchandise, you will receive communications related to order status and account notifications.
* **Message Frequency:** Message frequency may vary. You may receive up to 4 SMS messages per month regarding your order status or special offers.
* **Potential Fees for SMS Messaging:** Message and data rates may apply. Carriers may charge fees for each message sent or received. These fees can vary based on your mobile service provider.
* **Opt-In Method:** You may opt-in to receive SMS messages from MST Merchandise through one of the following methods: checking a box during checkout, texting a specific keyword to our number, or verbally consenting to a sales associate.
* **Opt-Out Procedure:** You can opt out of SMS messaging from MST Merchandise at any time by replying STOP to any received SMS message. Once opted out, you will receive no further SMS communication. You can opt back in at any time by replying START.
* **Standard Messaging Disclosures:**
* Message and data rates may apply.
* Standard messaging rates will be charged by your mobile service provider.
* You can opt out of receiving SMS messages at any time by texting "STOP" to the number from which you received the message.
* For assistance, text "HELP" to our support number or visit our https://www.mstmerchandise.com/contact/
SMS Consent at Checkout:
The Terms and Conditions mention that you are obtaining SMS consent via a checkbox during the checkout process. However, I reviewed the checkout page and did not see an optional SMS consent checkbox present.
Could you please confirm whether you are able to add a checkbox to the checkout section? The checkbox must be optional and include the following language:
By checking this box, I agree to receive account-Notification SMS messages from [Your Company Name]. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out, reply HELP to +1 (714) 6227022 for assistance. View our [Terms] and [Privacy Policy].
8. Limitation of Liability
To the fullest extent permitted by law, MST Merchandise shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the site or our products. Our total liability for any claim shall not exceed the total amount you paid for the products from which the claim arose.
9. Indemnification
You agree to indemnify and hold harmless MST Merchandise and its affiliates from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, your violation of any law, or your infringement of any intellectual property rights.
10. Website Use
You agree not to misuse our website, including by introducing viruses, trojans, or other malicious material. We may terminate or suspend your access to our site immediately for any breach of these Terms.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of [Insert Your State, e.g., California], without regard to its conflict of law provisions.
12. Changes to Terms
We reserve the right to modify these Terms at any time. The updated version will be posted on this page with a revised "Last Updated" date. Your continued use of the site after any changes constitutes acceptance of the new Terms.