Terms & Conditions
What this Agreement Covers
This Agreement governs your use of the Site and the Service of MGBMerch.com You understand that by using the Site and the Service, you have agreed to the terms and conditions of this Agreement and you agree to use the Site and the Service solely as provided in this Agreement.
Intellectual Property Rights of MGBMerch.com and Third Parties
MGBMerch is committed to the appropriate and legal use of the intellectual property, and we require our users to behave similarly. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that appear on the MGBMerch.com Site (collectively the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by MGBMerch.com.
MGBMerch.com accepts online payment via credit card or debit card. All payments sent electronically are securely transmitted.
MGB Merch orders are generally delivered within 14 days. Delivery times may vary during the holiday seasons.
MGBMerch.com goes to great lengths to ensure that all orders are filled accurately and on time and are of the highest quality. Accordingly, MGBMerch.com accepts returns and will refund payment if and when customers are disappointed by MGBMerch.com merchandise for one of the following reasons: (a) the items themselves are materially flawed; (b) the quality of the decorating (i.e., the printing or embroidery) is below a reasonable range of expectations; or (c) the design of the final product is materially different from the final design submitted by the custom.
Unfortunately we cannot offer cancellations so, you may not change or cancel your order.
Limit of MGBMerch.com’s Responsibility
MGBMerch.com will be responsible for acting only on those instructions sent to MGBMerch.com that actually are received and does not assume responsibility for malfunctions in communications facilities not under its control that may affect the accuracy or timeliness of any orders you send. MGBMerch.com is not responsible for any losses or delays in transmission of orders arising out of the use of any Internet Access Service Provider or caused by any browser software or any computer virus or related problem that may be attributable to services provided by any Internet Access Service Provider. MGBMerch.com is not responsible should you give incorrect instructions or if your credit-card payment is not processed by your credit-card company.
The information and materials contained in this Site, including text, graphics, links or other items, are provided “as is”, “as available”. MGBMerch.com does not warrant the accuracy, adequacy or completeness of the information and materials on the Site and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose or freedom from computer virus, is given in conjunction with the information and materials.
In no event will MGBMerch.com be liable for any damages, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if CustomInk.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
You agree to defend, indemnify and hold MGBMerch.com and its affiliates harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees, arising from or relating to your use of MGBMerch.com’s Site and the Service, your violation of this Agreement, or your violation of any rights of another.
Governing Law; Jurisdiction . This Agreement and any dispute or controversy arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to the conflict of law principles thereof. All Actions arising out of or relating to this Agreement shall be heard and determined exclusively in any state or federal court located in New York, New York (or in any appellate courts thereof) (the “Specified Courts”). Each party hereto hereby (i) submits to the exclusive jurisdiction of any Specified Court for the purpose of any Action arising out of or relating to this Agreement brought by any party hereto and (ii) irrevocably waives, and agrees not to assert by way of motion, defense or otherwise, in any such Action, any claim that it is not subject personally to the jurisdiction of the above-named courts, that its property is exempt or immune from attachment or execution, that the Action is brought in an inconvenient forum, that the venue of the Action is improper, or that this Agreement or the transactions contemplated hereby may not be enforced in or by any Specified Court. Each party agrees that a final judgment in any Action shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by Law. Each party irrevocably consents to the service of the summons and complaint and any other process in any other action or proceeding relating to the transactions contemplated by this Agreement, on behalf of itself, or its property, by personal delivery of copies of such process to such party at the applicable address set forth in Section 2(g). Nothing in this Section 2(d) shall affect the right of any party to serve legal process in any other manner permitted by applicable law.