Your one-stop shop for custom merchandise
Last updated: January 15, 2025
This agreement is governed by and construed in accordance with the laws of the Republic of the Philippines, including but not limited to the Consumer Act of the Philippines (R.A. 7394), the Electronic Commerce Act (R.A. 8792), the Internet Transactions Act of 2023 (R.A. 11967), the Data Privacy Act of 2012 (R.A. 10173), and other applicable laws and regulations.
By accessing, browsing, registering for, or using the Merchkins platform ("Platform"), you ("User", "you", or "your") acknowledge that you have read, understood, and agree to be legally bound by these Terms and Conditions ("Terms"), along with our Privacy Policy and Returns & Refund Policy, which are incorporated herein by reference.
If you do not agree to these Terms, you must immediately discontinue your use of the Platform. Your continued use of the Platform following the posting of any changes to these Terms constitutes acceptance of those changes.
These Terms constitute a legally binding agreement between you and Merchkins ("we", "us", or "our"), operated by Merchkins, with principal place of business at Magis TBI Richie Hall, Ateneo de Naga University, Ateneo Avenue, Bagumbayan Sur, Naga City, Camarines Sur, 4400, Philippines.
To use the Platform, you must be at least eighteen (18) years of age and possess the legal capacity to enter into binding contracts under Philippine law. If you are below 18 years old, you may only use the Platform under the supervision and with the consent of a parent or legal guardian, who agrees to be bound by these Terms on your behalf.
To access certain features of the Platform, you may be required to register for an account. When registering, you agree to:
Merchkins reserves the right to suspend or terminate your account at its sole discretion, without prior notice, for conduct that Merchkins determines violates these Terms, applicable laws, or platform policies, or is harmful to other users, third parties, or Merchkins. Grounds for termination include but are not limited to:
You may also request to delete your account by contacting Merchkins support team. Upon account termination, your access to the Platform will be immediately revoked, and Merchkins may delete or retain your data in accordance with applicable laws and our Privacy Policy.
Merchkins is a unified commerce platform designed for independent sellers, artists, freelancers, and small-to-medium enterprises (SMEs). We provide the technology infrastructure, tools, and services that enable sellers to create branded storefronts, manage orders, process payments, handle fulfillment, and communicate with customers—all in one place.
The Platform serves multiple stakeholders:
Platform Provider Disclaimer
Merchkins is NOT a party to transactions between sellers and buyers. Merchkins is a technology service provider that operates an online platform connecting independent sellers with buyers. Merchkins provides the platform infrastructure, tools, and services, but does not sell, purchase, own, or take title to any products listed on the Platform. The commercial relationship for product sales exists solely between the seller and buyer. Merchkins facilitates transactions but is not a merchant, retailer, or party to the sale contract.
Merchkins provides the platform infrastructure and tools. While Merchkins facilitates transactions between sellers and buyers, and may offer fulfillment services, Merchkins is not a party to the transaction. The primary commercial relationship for product sales is between the seller and buyer. Sellers are solely responsible for their product quality, descriptions, pricing, fulfillment, and compliance with applicable laws. Merchkins does not warrant, guarantee, or assume liability for products sold by sellers.
Merchkins continuously develops and expands its services. Future offerings may include design services, production partnerships, and enhanced fulfillment options. Such new services will be subject to additional terms as applicable, and users will be notified of material changes.
This section applies to users who operate storefronts on the Merchkins platform ("Sellers"). By applying for or operating a storefront, you agree to these additional terms.
To operate a storefront on Merchkins, you must submit an application providing accurate business information. Merchkins reserves the right to approve or reject applications at its sole discretion. Approval may be based on factors including business type, product category, and platform capacity.
Sellers must be at least eighteen (18) years of age and possess the legal capacity to enter into contracts. Business entities must be validly registered under Philippine law. Sellers are responsible for obtaining any necessary permits, licenses, or registrations required for their business activities.
Sellers are solely responsible for their product listings and must ensure all products comply with Philippine laws and regulations. Merchkins reserves the right to remove any listing that violates these Terms, applicable laws, or platform policies. This section outlines prohibited goods, regulated goods, and the platform's focus on merchandise sales.
In accordance with Republic Act No. 11967 (Internet Transactions Act of 2023) and DTI Joint Administrative Order No. 22-01, the following goods and services are strictly prohibited from being sold on the Merchkins platform:
Strictly Prohibited Items
Penalties: Violations of these prohibitions may result in fines ranging from PHP 20,000 to PHP 1,000,000 under Republic Act No. 11967, in addition to potential criminal liability and immediate removal of listings and account termination.
Certain goods and services require appropriate permits, licenses, or certifications from relevant government agencies before they can be sold online. Sellers offering regulated goods must:
Examples of regulated goods include:
Failure to obtain and display required permits or licenses will result in immediate removal of the product listing and may lead to account suspension or termination.
Merchandise-Focused Platform
Merchkins primarily focuses on merchandise sales. Our platform is designed for sellers offering physical goods and merchandise, including but not limited to:
While Merchkins may accommodate merchandise-related services such as customization, printing, or design services that support merchandise sales, the primary focus remains on physical products and merchandise. Sellers offering services must ensure such services are directly related to merchandise production or enhancement.
Sellers are encouraged to focus their storefronts on merchandise and physical products. Any services offered should be ancillary to merchandise sales (e.g., custom printing, personalization, design consultation for merchandise).
All sellers must comply with applicable Philippine laws and regulations, including but not limited to:
Penalties for Non-Compliance: Violations of these Terms or applicable laws may result in:
Merchkins actively monitors the platform for prohibited and non-compliant listings. Our enforcement actions include:
Sellers are responsible for ensuring their listings comply with all applicable laws and these Terms. Merchkins reserves the right to remove any listing, suspend or terminate any account, and take any other action deemed necessary to ensure platform compliance and user safety.
Sellers offering pre-orders or made-to-order products must clearly disclose estimated production and delivery timelines. Failure to fulfill pre-orders within a reasonable timeframe (or as disclosed) may result in account penalties or suspension.
Sellers may choose to fulfill orders independently or utilize Merchkins' fulfillment services where available. Sellers using Merchkins fulfillment services agree to separate fulfillment terms as applicable.
Merchkins may suspend or terminate seller accounts for violations of these Terms, fraudulent activity, or other conduct detrimental to the Platform or its users. Grounds for termination include but are not limited to:
Upon termination:
Storefronts with no activity (sales, product updates, or logins) for more than twelve (12) consecutive months may be marked as inactive and hidden from public view. Merchkins will attempt to notify sellers before deactivation. Sellers may reactivate their storefronts by contacting support.
Merchkins provides an omni-channel inbox feature that unifies customer communications across multiple channels. This section governs the use of these communication tools.
The omni-channel inbox may integrate with the following communication channels:
Integration with third-party platforms (e.g., Facebook/Meta) is subject to those platforms' terms of service and policies. Users must comply with both Merchkins' terms and the applicable third-party platform terms. Merchkins is not responsible for changes, outages, or discontinuation of third-party platform integrations.
Users of communication tools agree to:
Messages sent and received through the omni-channel inbox are retained on the Platform for the purpose of customer service, dispute resolution, and platform improvement. Message data is retained in accordance with our Privacy Policy and applicable data retention requirements.
Customer information collected through messaging channels is shared with the relevant seller for order fulfillment and customer service purposes. Sellers must handle this data in compliance with the Data Privacy Act of 2012 and our Privacy Policy. Sellers may not use customer data for purposes unrelated to their Merchkins storefront without obtaining separate consent.
Sellers are solely responsible for the accuracy of product descriptions, images, pricing, and availability information. While Merchkins strives to ensure information accuracy on the Platform, Merchkins does not warrant that product descriptions or other content provided by sellers are accurate, complete, reliable, current, or error-free. Merchkins is not responsible for verifying the accuracy of seller-provided product information.
All prices displayed on the Platform are in Philippine Peso (PHP) unless otherwise indicated. Prices are set by individual sellers and may change without notice. Any applicable taxes, duties, and shipping costs will be displayed at checkout before you complete your purchase.
Your receipt of an electronic or other form of order confirmation does not signify Merchkins' or the seller's acceptance of your order, nor does it constitute confirmation of an offer to sell. Merchkins, as the platform provider, reserves the right to limit or cancel orders that violate these Terms, applicable laws, or platform policies. Individual sellers also reserve the right to limit or cancel orders at their discretion, subject to applicable consumer protection laws.
Product availability is subject to change without notice. If a product becomes unavailable after you have placed an order due to seller inventory issues, you will be notified by the seller. In such cases, you are entitled to a full refund. Refunds may be issued as platform vouchers for convenience, but you retain your statutory right to monetary refunds under the Consumer Act of the Philippines (R.A. 7394) and Electronic Commerce Act (R.A. 8792), which cannot be waived.
Some products may be offered as pre-orders with extended production and delivery timelines. Pre-order items are subject to the same cancellation policies as regular orders, with the 24-hour window beginning from payment confirmation. Estimated delivery dates for pre-orders are estimates only and may be subject to delays.
All payments are processed securely through Merchkins' third-party payment partners. Merchkins does not store complete credit card information on its servers. By submitting payment information, you authorize Merchkins and its payment processors to charge the applicable fees to your designated payment method for orders placed through the Platform.
Merchkins utilizes industry-standard encryption and security measures to protect your payment information. Merchkins' payment processors are PCI-DSS compliant and adhere to strict security standards. However, Merchkins is not responsible for security breaches occurring at payment processor facilities or due to user negligence in protecting account credentials.
All transactions are conducted in Philippine Peso (PHP). International users may incur additional currency conversion fees from their payment providers, which are not controlled by Merchkins.
Merchkins' complete Refund and Cancellation Policy is available at /returns. Key points include:
Paid orders may be cancelled within twenty-four (24) hours of payment confirmation. Unpaid orders may be cancelled at any time before payment.
Consumer Rights and Refund Policy
In accordance with the Consumer Act of the Philippines (R.A. 7394) and the Electronic Commerce Act (R.A. 8792), consumers retain their statutory rights to monetary refunds where required by law.
In accordance with the Consumer Act of the Philippines (R.A. 7394), consumers have the right to return defective, damaged, or misrepresented products. This right is preserved regardless of the cancellation window for returns based on product defects.
By using the Platform, you agree not to:
Violation of any of these prohibitions may result in immediate termination of your account and potential legal action.
All content on the Platform, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, software, and the compilation thereof, is the property of Merchkins or its content suppliers and is protected by Philippine and international copyright, trademark, and other intellectual property laws.
"Merchkins" and all related logos, product and service names, designs, and slogans are trademarks of Merchkins. You may not use such marks without Merchkins' prior written permission. Unauthorized use of Merchkins trademarks may result in legal action.
By submitting content to the Platform (including reviews, comments, or feedback), you grant Merchkins a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media.
Merchkins respects intellectual property rights and will respond to valid notices of alleged infringement. If you believe that content on the Platform infringes your intellectual property rights, you may submit a takedown notice to Merchkins containing:
Takedown notices should be sent to Merchkins at [email protected] with the subject line "IP Takedown Request". Merchkins will review valid notices and take appropriate action, which may include removing or disabling access to the allegedly infringing content. Merchkins reserves the right to terminate accounts of repeat infringers.
Counter-Notification: If you believe your content was removed in error, you may submit a counter-notification with the same information requirements. False or fraudulent takedown notices may result in legal liability.
Consumer Protection Rights Preserved
Nothing in this section limits or waives your statutory rights under the Consumer Act of the Philippines (R.A. 7394), Electronic Commerce Act (R.A. 8792), or any other applicable consumer protection laws. These statutory rights cannot be waived by contract.
To the fullest extent permitted by Philippine law (subject to the exceptions below), Merchkins shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:
Exceptions: The limitations above do not apply to: (a) damages caused by Merchkins' gross negligence or willful misconduct; (b) personal injury or death; (c) violations of consumer protection laws where Merchkins is directly responsible; (d) any liability that cannot be excluded under Philippine law.
Merchkins, as a platform provider, is not responsible for the quality, safety, legality, or any other aspect of products sold by third-party sellers on the Platform. The commercial relationship for product sales exists solely between the seller and buyer. Any claims or disputes regarding products, including but not limited to defective products, misrepresentation, or failure to deliver, must be raised directly with the seller. Merchkins may facilitate dispute resolution but is not a party to the transaction.
However, Merchkins may be held liable to the extent required by applicable law, including but not limited to cases where Merchkins has actual knowledge of seller violations and fails to take appropriate action, or where Merchkins directly causes harm through its own actions or omissions.
Subject to the exceptions in Section 11.1 and applicable consumer protection laws, in no event shall Merchkins' total liability to you for all claims arising from Merchkins' provision of platform services (excluding transactions between you and sellers) exceed the amount paid by you directly to Merchkins for platform services in the twelve (12) months preceding the claim, or PHP 10,000, whichever is greater.
This limitation does not apply to: (a) liability arising from Merchkins' gross negligence or willful misconduct; (b) personal injury or death; (c) statutory consumer protection claims where Merchkins is directly responsible; (d) any liability that cannot be limited under Philippine law, including the Consumer Act of the Philippines (R.A. 7394).
You agree to indemnify, defend, and hold harmless Merchkins, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
This indemnification obligation does not apply to claims arising solely from Merchkins' gross negligence or willful misconduct. You will not be required to indemnify Merchkins for Merchkins' own violations of law or these Terms.
These Terms shall be governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to its conflict of law provisions.
Any dispute arising out of or relating to these Terms or the Platform shall first be submitted to good faith negotiations. The parties agree to negotiate in good faith for a period of thirty (30) calendar days from the date one party notifies the other in writing of the dispute. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to:
Time Limits: All claims against Merchkins must be brought within one (1) year from the date the claim arose, except where a longer period is required by applicable law (such as consumer protection claims under R.A. 7394).
For consumer-related complaints, you may also file a complaint directly with the Department of Trade and Industry (DTI), the Bureau of Internal Revenue (BIR), or the appropriate government agency. Merchkins will cooperate fully with any government investigation or regulatory proceeding.
Merchkins shall not be liable for any failure or delay in performance under these Terms that is due to causes beyond Merchkins' reasonable control, including but not limited to:
If a force majeure event occurs, Merchkins will use reasonable efforts to mitigate the effects and resume performance as soon as practicable. If the force majeure event continues for more than thirty (30) days, either party may terminate these Terms upon written notice.
This force majeure clause does not excuse Merchkins from obligations that can be performed despite the force majeure event, and does not limit consumers' statutory rights under Philippine consumer protection laws.
Merchkins strives to provide continuous, uninterrupted access to the Platform, but does not guarantee that the Platform will be available at all times or free from errors, defects, or interruptions. The Platform is provided on an "as is" and "as available" basis.
Service Interruptions: Merchkins may temporarily suspend or restrict access to the Platform for maintenance, updates, security reasons, or due to force majeure events. Merchkins will use reasonable efforts to provide advance notice of planned maintenance, but is not required to do so for emergency maintenance or security issues.
No Warranties: To the fullest extent permitted by law, Merchkins disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and accuracy. Merchkins does not warrant that the Platform will meet your requirements, be uninterrupted, secure, or error-free.
Third-Party Services: The Platform may integrate with third-party services (payment processors, shipping providers, etc.). Merchkins is not responsible for the availability, functionality, or performance of third-party services. Your use of third-party services is subject to their respective terms and conditions.
Merchkins reserves the right to modify these Terms at any time. Material changes (defined as changes that substantially affect your rights or obligations, including but not limited to changes to fees, refund policies, liability limitations, or dispute resolution procedures) will be notified through the Platform or via email to registered users at least thirty (30) days before the changes take effect. Your continued use of the Platform after any such modifications constitutes your acceptance of the new Terms.
Merchkins encourages you to review these Terms periodically for any changes. The "Last updated" date at the top of this page indicates when these Terms were last revised. If you do not agree to modified Terms, you must discontinue use of the Platform and may request account deletion.
Non-material changes (such as typographical corrections, clarifications, or administrative updates) may be made without prior notice but will be reflected in the "Last updated" date.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision of these Terms, and these Terms shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein.
These Terms, together with the Privacy Policy and Returns & Refund Policy, constitute the entire agreement between you and Merchkins regarding your use of the Platform, superseding all prior or contemporaneous communications and proposals, whether oral or written.
For any questions or concerns regarding these Terms & Conditions, please contact us: