Terms of Service

This website is operated by Merry People Designs LLC. Throughout the site, the terms “we”, “us” and “our” refer to Merry People Designs LLC. Merry People Designs offers this website, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

We maintain this website for information and communication purposes. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content, and govern your access to and use of this website.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of the Terms of Service, then you may not access the website or use any of our services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

This website is directed to individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the website, including its content and materials, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this website. We make no representation that the content of this website is appropriate or lawful in jurisdictions outside the United States. Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with applicable local laws

The content of this website, including but not limited to images, photographs, data, text, music, sound, video or other content, as well as the organization and layout of this website, are copyrighted and are protected by United States and international copyright laws and treaty provisions, and is either originally developed by us and our affiliates or is used by us under a license from third parties. You may use the website for your personal use and not for resale or further distribution. We retain all right, title and interest in and to this website, including all related intellectual property rights. No right, title or interest in any of the content of this website is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish or license any part of this website or any content on it; create derivative works from, link to or frame in another website; or transfer or sell any information obtained from this website without our prior written permission.

Merry People® is a trademark of Merry People Designs Pty Ltd. Your display, reproduction or other use of the trademark without our express written consent is strictly prohibited.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not misuse our website by transmitting any worms or viruses or any code of a malicious or destructive nature. You must not attempt to gain unauthorized access to our website, the server on which our website is stored, or any server, computer or database connected to our website.

A breach or violation of any of the Terms will result in an immediate termination of your right to access the Services. We will report any breach of this Section 1 to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them.

We reserve the right to refuse service to anyone for any lawful reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms.

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof), or raise prices, without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy, which is available on this Website.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We expressly disclaim all implied warranties that arise by operation of law, including but not limited to warranties of merchantability or fitness for a particular purpose. The scope of our product warranty is available on this Website.

This website allows You to check Your order and correct any errors before completing the purchase of a product. Please take the time to read and check Your order at each step of the order process. Purchases for products may only be paid for using the payment methods that We make available via this website from time to time. All prices of products shall be shown in United States Dollars unless otherwise stipulated on this website. You accept that some banks may charge you an additional fee for certain transactions. Charges may vary depending on the destination to which you choose to have the product delivered. Prices include sales taxes where applicable. We may refuse to process a payment transaction for any reason at our sole discretion. We will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after the process of payment has begun.

Your shopping basket on this website will display the products you have chosen to purchase and shipping details. Any delivery times quoted are in working days and are estimates only. Time shall not be of the essence in relation to the delivery of any products and we shall not be liable for the late delivery of any products to you. Risk of damage or loss to the products shall pass to you when the product is delivered to you.

Our products are designed to be safe and without risk to health provided they are used strictly in accordance with any instructions or information issued by us as to their use and are also used with any necessary safety precautions. If you are unclear as to the correct use of the products you should immediately contact us for clarification.

If you have any complaints about the Service or our products, please contact us by e-mail at support@merrypeople.com.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Exchanges & Refunds Policy.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. (ie: Australia Post tracking services).

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through our website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We have no liability or responsibility for any use of your personal information by such third-party providers or any security breach affecting such third-party providers.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

If at our request you send certain specific submissions (for example contest entries), or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. You will be liable for any expense we incur, including but not limited to legal fees, in the event of any breach by you of your obligations under this Section 9.

Your submission of personal information through the store is governed by our Privacy Policy. You can review our Privacy Policy here.

The Merry People US mobile message service (the "Service") is operated by Merry People US (“Merry People US”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Merry People US’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Merry People US through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders). You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Merry People US. Your participation in this program is completely voluntary. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider. You may opt-out of the Service at any time. Text the single keyword command STOP to +18336573046 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Merry People US mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +18336573046 or email support@merrypeople.com.We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Notice.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free, or compatible with your computer system, or that the server that makes this website available will be free of viruses, malicious code or other harmful components.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You are responsible for taking all necessary precautions to ensure that any content of this website that you may access, download or otherwise obtain is free of viruses or any other harmful components, and for any damage to your hardware device(s) or loss of data that results from the download or use of this website.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Merry People Designs, our affiliates, or their respective directors, officers, shareholders, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Nothing in these Terms of Service shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.

Except as otherwise expressly set forth in these Conditions or as otherwise required by applicable law, the remedy available to you in respect of any defect in our products arising out of any failure of materials or workmanship shall be to the replacement of such products, which are to be notified to Us as being defective in materials. We refer you to our Refund Policy on this website.

You agree to indemnify, defend and hold harmless Merry People Designs and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive your use of the Service or purchase of products from us for all purposes.

These Terms of Service are effective unless and until modified or terminated by us.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may deny you access to our Service (or any part thereof).

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service and purchase or our products, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

These Terms of Service and any separate agreements whereby we provide you services or product shall be governed by and construed in accordance with the laws of Victoria, Australia, subject to applicable United States laws governing the safety, quality and labeling of consumer products and applicable state laws in the states where our products are sold. The United Nations Convention on Contracts for the International Sales of Goods shall be inapplicable to these Terms of Service.

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any of our intellectual property rights, or preserving the status quo or avoiding further or irreparable harm, any controversy or claim arising out of or relating to these Conditions or this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association (the “AAA”). Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in New York, New York, USA before a single arbitrator selected by the AAA. The arbitrator may determine all questions of law and jurisdiction (including questions as to whether a dispute is arbitrable) and all matters of procedure relating to the arbitration. The arbitrator shall have the right to award costs (including legal fees and the costs of the arbitration) and interest. Any award or determination of the arbitrator shall be final and binding on you and us and no appeal will lie. You and we each irrevocably waive any objection on the grounds of venue, forum non-conveniens or any similar grounds. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person.

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Questions about the Terms of Service should be sent to us at support@merrypeople.com

We respect the intellectual property rights of others. If you believe something on this website has infringed your intellectual property rights, please notify Our agent and provide the following information:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(b) Identification of the copyrighted work claimed to have been infringed.

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.

(d) Address, telephone number, and, if available, an electronic mail address where we may contact you.

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(f) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Site’s Copyright Agent can be reached at [andrew.butler@flinderslaneip.com.au].

We shall not be liable to you by reason of any delay failure to deliver the Service or any product if the delay or failure is due to any act beyond our reasonable control, including but without limitation, any act of God, explosion, inclement weather, fire, flood, tempest, epidemic, pandemic, fire or accident; war or threat of war, acts of terrorism, sabotage, insurrection, civil disturbance or requisition, regulations, prohibitions or measures of any kind on the part of any federal, state or local governmental or quasi-governmental authority, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes, power failure or telecommunications failure (each a ‘Force Majeure Event’). If for any reason We anticipate that we will be prevented or hindered from delivering any products due to a Force Majeure Event then we shall notify you and you may cancel your order. In the event of any cancellation of an order following the occurrence of a Force Majeure Event, we shall be under no liability or obligation to you other than to repay the price you paid for the products.