This website is operated by MerchSquad Apparel. Throughout the website, the terms “MerchSquad Apparel”, “we”, “us” and “our” refer to MerchSquad Apparel.
These Terms of Service (“Terms”) govern your access to and use of our website, online store, products and related services (collectively, the “Services”). By visiting our website, creating an account, submitting an order or purchasing a product from us, you agree to these Terms and to any policies referred to in them, including our Privacy Policy, Shipping Policy and Returns Policy.
Please read these Terms carefully. If you do not agree to them, you should not use our Services.
Nothing in these Terms is intended to exclude, limit or waive any right or remedy that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 (“CPA”), the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) or any other applicable South African law. If a provision of these Terms conflicts with a mandatory provision of applicable law, the mandatory legal provision will apply.
2. Eligibility and acceptable use
By using our Services, you confirm that you are at least 18 years old and legally capable of entering into a binding agreement. If you are under 18, you may use the Services only with the involvement and consent of a parent or legal guardian.
You may not use our website, products or Services:
for any unlawful, fraudulent or unauthorised purpose;
in a way that infringes another person’s intellectual property, privacy or other rights;
to introduce viruses, malicious code or harmful technology;
to interfere with the security or operation of the website; or
to scrape, harvest or collect information without our written permission.
We may suspend or terminate access to the Services where we reasonably believe these Terms or applicable law have been breached.
3. Products and product information
We take reasonable care to ensure that product descriptions, photographs, colours, sizes, availability and other information are accurate. However:
colours may appear differently depending on your screen and device settings;
handmade, printed or manufactured products may have minor variations;
measurements and sizing information are guides and may vary slightly by product; and
packaging may differ from images shown on the website.
We may correct genuine errors or update product information when necessary. Any material change affecting an accepted order will be communicated to you and dealt with in accordance with applicable law.
Products may be available in limited quantities. We may reasonably limit quantities, discontinue products or restrict sales where necessary, subject to accepted orders and applicable consumer law.
4. Prices and payment
Prices are displayed in South African rand (ZAR), unless clearly stated otherwise. The website will indicate whether VAT is included and will show any applicable delivery charges before checkout is completed.
We may change prices at any time before an order is accepted. A price change will not affect an order that we have already accepted, except where the displayed price was an obvious error and the law permits correction.
Payment must be made using one of the payment methods offered at checkout. Payments may be processed by third-party payment providers under their own terms and privacy practices. We do not store complete payment-card details unless this is expressly stated and lawfully permitted.
5. Orders and acceptance
Submitting an order is an offer to purchase the products in your cart. An automated order acknowledgement confirms that we received your order; it does not necessarily mean that the order has been accepted.
An order is accepted when we send an acceptance or fulfilment confirmation, begin producing a custom-made product, or dispatch the order, whichever occurs first.
We may decline or cancel an order where, for example:
a product is unavailable;
payment is not authorised or cannot be verified;
the information supplied is incomplete or appears fraudulent;
a price or product description contains a genuine material error;
delivery to the supplied address is not reasonably possible; or
accepting the order would breach applicable law.
If we cancel an order after receiving payment, we will refund the amount due using the original payment method, unless another lawful arrangement is agreed with you.
You must provide complete and accurate billing, contact and delivery information and promptly notify us of any relevant change.
6. Custom, personalised and made-to-order products
Some products may be customised, personalised, printed, branded or manufactured to your specifications. You are responsible for checking and approving all submitted names, wording, artwork, logos, colours, sizes, quantities and other specifications before production begins.
Once you approve a proof or production has started, changes or cancellations may not be possible. Where a change can still be made, additional charges and revised lead times may apply, but we will tell you before proceeding.
Returns, exchanges or cooling-off rights may be limited for goods made to your specifications or clearly personalised, to the extent permitted by applicable law. This does not limit your rights if the goods are defective, unsafe, materially different from the approved specification or otherwise do not comply with the CPA.
By supplying artwork, logos, photographs, names or other content, you confirm that you own the content or have permission to use it. You grant us a limited licence to use that content solely to quote, prepare proofs, manufacture and fulfil your order. You are responsible for claims arising from content you supplied without the necessary rights, except to the extent caused by our own unlawful conduct.
7. Delivery and collection
Delivery and production dates are estimates unless we expressly agree in writing that a date is guaranteed. We will take reasonable steps to meet the stated timeframe and will communicate material delays where reasonably possible.
Risk in the goods passes to you when the goods are delivered to you or to a person authorised by you to receive them. Ownership passes once we have received full payment, subject to applicable law.
You are responsible for providing a correct and accessible delivery address. If delivery fails because the information supplied was incorrect or no authorised person was available, reasonable redelivery or storage charges may apply.
Please inspect the parcel on delivery where reasonably possible and notify us promptly of missing, damaged or incorrect items. A failure to notify us immediately does not remove any statutory right you may have.
8. Returns, exchanges and refunds
Returns, exchanges and refunds are handled under our Returns Policy and applicable South African law. Nothing in that policy or these Terms limits the remedies available to you for defective, unsafe or unsuitable goods under the CPA.
Where ECTA provides a statutory cooling-off right for an online transaction, you may exercise that right within the applicable period and subject to its lawful conditions and exclusions. Unless the goods are defective, you may be responsible for the direct cost of returning goods where the law permits.
Incorrectly ordered custom items where fit sizes are supplied will not be refunded or exchange and will need to be swopped internally by clubs or teams.
For hygiene, safety or personalisation reasons, certain goods may not be returnable for a change of mind where applicable law permits the exclusion. This may include clearly personalised items and sealed goods that are unsuitable for return once unsealed. These limitations do not apply to defective or incorrectly supplied goods where the law provides a remedy.
To request a return or report a problem, email info@merchSquad.co.za with your order number and relevant details.
9. Promotions, discount codes and gift vouchers
Promotions and discount codes are subject to their stated dates, eligibility requirements and product exclusions. Unless expressly stated otherwise, promotions cannot be combined, exchanged for cash or applied retrospectively.
If a promotion has separate terms, those terms form part of these Terms. We may withdraw or correct a promotion affected by fraud, misuse or a genuine error, subject to applicable law and orders already accepted.
Gift vouchers, where offered, are governed by the CPA and any specific terms shown when the voucher is purchased.
10. Accounts and security
If you create an account, you are responsible for keeping your login details confidential and for activity conducted through your account. Notify us promptly if you suspect unauthorised access.
We may suspend an account where reasonably necessary to protect you, us, other users or the security of the Services.
11. Intellectual property
Unless otherwise stated, the website and its content—including text, branding, graphics, product images, layout and software—are owned by or licensed to MerchSquad Apparel and are protected by applicable intellectual-property laws.
You may use the website for personal shopping and other lawful, non-commercial purposes. You may not reproduce, distribute, modify, sell, exploit or create derivative works from our content without our prior written permission, except where the law allows it.
Third-party trademarks and content remain the property of their respective owners.
12. Reviews, feedback and user content
If you submit a review, photograph, comment or other content, you confirm that it is accurate, lawful and does not infringe another person’s rights.
You retain ownership of your content. You grant us a non-exclusive, worldwide, royalty-free licence to display, reproduce and adapt content you voluntarily submit for publication in connection with our business and Services. This licence does not permit us to use private order artwork outside the limited purposes described in section 6 without separate permission.
We may moderate or remove unlawful, misleading, abusive or infringing content. We are not obliged to publish or retain submissions.
13. Third-party services and links
Our website may use or link to third-party services, including payment, delivery, analytics or social-media services. We are not responsible for the content or practices of a third-party website that we do not control. You should review the third party’s terms and privacy policy before using its service.
Nothing in this section excludes responsibility that applicable law places on us.
14. Privacy and electronic communications
We process personal information in accordance with our Privacy Policy and applicable data-protection law, including the Protection of Personal Information Act 4 of 2013 (“POPIA”).
Transactional communications relating to an enquiry or order may be sent using the contact details you provide. Marketing communications will be handled in accordance with applicable law, and you may unsubscribe using the method provided in the message or by contacting us.
15. Website availability and errors
We aim to keep the website available and secure but do not guarantee uninterrupted or error-free access. We may temporarily suspend or modify the website for maintenance, security, operational or legal reasons.
We may correct typographical errors, inaccuracies or omissions relating to product descriptions, prices, promotions, delivery charges, transit times or availability. If a correction materially affects an order you placed, we will notify you and provide the options required by law.
16. Disclaimer and limitation of liability
To the fullest extent permitted by law, we are not liable for indirect, incidental, special or consequential loss that was not reasonably foreseeable when the agreement was concluded.
Our website is provided on an “as available” basis. We do not warrant that it will always be uninterrupted, completely secure or free from technical errors.
Nothing in these Terms excludes or limits liability for gross negligence, intentional misconduct, death or personal injury caused by negligence, defective or unsafe goods where liability cannot lawfully be excluded, or any other liability or consumer right that cannot be excluded or limited under South African law.
Where liability may lawfully be limited, our total liability arising from a particular order will not exceed the amount paid for that order, except where a higher amount is required by law.
17. Indemnity
To the extent permitted by law, you agree to indemnify us against a third-party claim arising directly from unlawful content or artwork supplied by you, your material breach of these Terms, or your infringement of that third party’s rights.
This indemnity does not apply to the extent that a claim results from our negligence, unlawful conduct or breach of these Terms.
18. Complaints and dispute resolution
Please send complaints to info@merchSquad.co.za. Include your order number, a description of the issue and the outcome you are seeking. We will try to resolve the complaint reasonably and promptly.
These Terms do not prevent you from referring a matter to the National Consumer Commission, a consumer court, an applicable ombud or another body with jurisdiction, or from exercising any right available under South African law.
19. Governing law and jurisdiction
These Terms and any agreement concluded through the website are governed by the laws of the Republic of South Africa.
Any dispute may be brought before a court or tribunal with jurisdiction under applicable South African law. Nothing in this section deprives a consumer of a right to approach a forum available under the CPA or other applicable legislation.
20. Changes to these Terms
We may update these Terms from time to time by posting the revised version on this page and changing the “Last updated” date. Changes will apply from the date they are published and will not retrospectively alter an order already accepted, unless required by law or agreed with you.
21. General provisions
If any provision of these Terms is found to be unlawful or unenforceable, it will be severed or limited only to the extent necessary, and the remaining provisions will continue to apply.
Our failure to enforce a provision does not waive our right to enforce it later.
These Terms, together with the policies and order information referred to in them, form the agreement between you and MerchSquad Apparel concerning the Services.
22. Contact information
Questions, complaints and notices regarding these Terms may be sent to:
