TERMS AND CONDITIONS

Last updated: August 26, 2021

Please read these Terms of Use (“Terms”, “Terms of Use”, “Terms and Conditions”) carefully before using the https://espuarena.com website (the “Service”) operated by MerchWebs (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

(a) Ordering Merchandise, Physical Goods and Digital Media Purchases

You need a valid credit card (except to the extent we permit purchases with gift cards, gift certificates, promotional or discount codes, or similar forms of payment), with full authority to use it, to submit an order for merchandise, digital music and media or other products or services through our Site. You hereby represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. You understand that we will not be liable in the event that others acting with or without your permission use your credit card to make purchases on the Site.

(b) Prices; Colors; Availability

All prices listed on the Site are subject to change. In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right, prior to the acceptance of your order pursuant to our Order Acceptance Policy described below, to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and we cancel your order, we shall issue a credit to your credit card account in the amount of the charge. Please note that the colors of items and products may depend on your monitor and may not be correctly displayed.

Please keep in mind that while we might offer a variety of merchandise, digital music and media and other products and services for sale on the Site, we cannot guarantee availability at a particular time; and certain merchandise available in our stores might not be available on the Site, and vice versa. We reserve the right to change our merchandise, digital music and media content and other products and service offerings, both in-store and online, at any time. We also reserve the right to change contents, features and offerings, and adjust accessibility of the Site from time to time in our discretion.

(c) Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the cancelled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the cancelled portion of the order or the quantity not provided.

(d) Payment Terms

For each product or service that you order on the Site, you agree to pay the price applicable for the product (including any sales taxes, surcharges and any delivery fees for the delivery service you select) as of the time you submitted the order. MerchWebs will automatically bill your credit card or other form of payment submitted as part of the order process for such price.

(e) Sales Taxes

Sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges are not included in the price of the products. We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the United States in accordance with our order policy in effect at the time of purchase. Each customer shall be solely responsible for all sales taxes, or other taxes, duties, customs, import/export charges, or similar governmental charges (except for taxes on MerchWebs’ net income), on orders shipped outside the United States.

(f) Return Policy

All purchase transactions, excluding purchases for custom apparel and digital music and media content offered for permanent download (“Digital Media Purchases”), are subject to MerchWebs’ return policy in effect at the time of purchase. For reference, the current form of merchwebs.com’s return policy is available at http://merchwebs.com/returns; The Custom Tee return policy is available. We may modify our return policies from time to time so you should check these each time prior to making a purchase. However, please note that custom apparel (for example, apparel created as part of MerchWebs’ Custom Tee program) is made specifically for you, so we cannot accept returns. Please pay close attention to detail, spelling and color to ensure correct approval before printing custom apparel. MerchWebs will not refund or replace any item due to incorrect spelling, color or design. Returns and/or refunds are limited solely to apparel with fabric that is materially flawed or the printing is below quality standards. On occasion, technical and other problems may delay or prevent delivery of Digital Media Purchases. Your exclusive and sole remedy in respect of Digital Media Purchases that is not delivered within a reasonable period of time will be either replacement of such Digital Media Purchase, or a refund of the purchase price paid for such Digital Media Purchase, as determined by us in our sole and absolute discretion.

 

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of MerchWebs and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by MerchWebs.

MerchWebs has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that MerchWebs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.