Terms of services
Terms of Service
The following terms and conditions constitute a legally binding contract (this "Agreement") between you (“you” or “your”) and Gary Mach (as defined below) that governs all use by you of the gary-mach.com website (the "Site") and the services available on or at the Site (taken together with the use of the Site, the "Services"). We’ll refer to Gary Mach and all of its subsidiaries and affiliated companies collectively as "Gary Mach", "we", "our", "us", etc.
If you use our Services only for your personal use, you are considered a "User". If you use our Services to execute orders or deliver Products to third parties (including Customers), you are considered a "Merchant".
REGARDLESS IF YOU ARE A USER OR MERCHANT, THIS AGREEMENT REQUIRES THAT ALL DISPUTES (AS DEFINED BELOW) ARISING FROM OR RELATING TO THIS AGREEMENT BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN BY JURY TRIAL OR CLASS ACTIONS.
1. Access & Membership
In order to enjoy all of our website's benefits, you may register your account and become a member ("Member"). Membership requires that you register on the Site (including by truthfully filling out all required personal information). You may opt out of marketing and promotional activities, including emails. You may cancel your membership at any time by canceling it online on the Site. To complete registration, you shall provide a name, surname, email address and password. You may never use another user's account without permission from that user. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify "us" immediately of any breach of security or unauthorized use of your account. Although "we" will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of your account and others due to such unauthorized use.
Gary Mach Store may change, suspend or discontinue the Services, Products, fees, charges, terms at any time, including the availability of any feature or content, but without affecting orders for Mauritian Economic Area Users which Gary Mach has already confirmed. "We" may also impose limits on certain features and Services or restrict the User's access to parts or all of the Services without notice or liability. If you are an individual (rather than an organization or entity), then you certify to Gary Mach that you are at least 18 years of age. If you are using the Services on behalf of an organization or entity then you certify that you are legally authorized and permitted to bind such organization or entity to this Agreement and use the Services. Notwithstanding the aforementioned, you agree to take full responsibility for your selection and use of the Services. This Agreement is void where prohibited by law, and the right to access or use the Services is revoked in such jurisdictions.
Without affecting orders for European Economic Area Users, Gary Mach reserves the right, at its sole discretion, to modify this Agreement and its terms, as well as the fees and other charges for our Services, at any time. All such modifications will become effective immediately after "we" post them on the Site. You shall be responsible for reviewing and becoming familiar with all such modifications, and you agree to review the terms of this Agreement each time you access or use the Site so that you are aware of any modifications made to this Agreement. Use of the Site and other Services by you after Gary Mach posts the modifications on the Site constitutes your acceptance of the terms and conditions of this Agreement, as modified. If you do not agree to the modified terms, you are not authorized to access or use the Site or other Services, and you must send "us" a written notification, including via email (and your Gary Mach account will be deleted), to close your account within 30 days of notice.
All content (including all information, images, pictures, videos, data, text, photographs, graphics, messages, and other materials, hereinafter "Content") that you post, submit, upload, display, sell or use, hereinafter "post", using our Services is your content. We don’t make any claim(s) to it. That includes anything you post using our Services (like your Content, images, your customer reviews, comments, videos, usernames, etc.).
Responsibility for the Content. You understand that you are solely responsible for the Content that you post on or through the Services. You represent that you have all necessary rights to the Content, including all necessary rights to post it or use it on your Products sold, manufactured. You also represent that you’re not infringing or violating any third party’s rights by posting the Content or using the Content on your Products sold, manufactured, or warehoused.
Permission to Use the Content. Gary Mach agrees that any Content that you post using our Services will remain yours. This means that we will never use your Content except with your express permission or as otherwise provided in this Agreement.
Rights You Grant Gary Mach. By posting your Content, you grant Gary Mach a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services and to promote Gary Mach or the Services in general, in any formats and through any channels, including across any of our Services, third-party website, advertising medium and/or social media. You agree and represent that you have the rights to grant this license to us.
Reporting Unauthorized Content. Gary Mach respects intellectual property rights and follows intellectual property laws. We are committed to following appropriate legal procedures to remove infringing content from the Service(s).
Intellectual Property. Gary Mach respects your work and empowers you to express your voice and ideas. We ask that you respect the work and creative rights of others. You need to either own the Content you post to Gary Mach, or have the express authority to post it. Content must comply with right of publicity, trademark and copyright laws, and all other applicable state and federal laws.
Trademarks and Infringement of Intellectual Property. We are committed to following appropriate legal procedures to remove infringing content from the Services. Gary Mach will try to accommodate and not interfere with standard technical measures used by copyright owners to identify and protect their works. Gary Mach reserves the right to do any or all of the following at any time at our sole discretion: (i) immediately suspend your use of the Services; and/or (ii) remove, block, and disable access to any of your Content that is alleged to infringe the intellectual property rights of others. When we receive proper notice of intellectual property infringement (via email or otherwise), Gary Mach strives to respond quickly by removing, blocking, or disabling access to the allegedly infringing material. When Gary Mach removes, blocks or disables access in response to such a notice, "we" make a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification.
Copyright and Trademark Responsibility. You agree and represent by accepting this Agreement and using our Services that you own all rights (including copyrights) for the Content you post, or if you are not the owner, that you have express authority and written permission to use and reproduce the Content in connection with the Services, and that you have all of the rights required to post your Content. Likewise, by accepting this Agreement and using our Services, you agree and represent that you own all trademarks, service marks, trade dress, and trade names incorporated into the Content you post, or if you are not the owner, that you have express authority and written permission to use, post, and reproduce such marks, trade dress, and trade names in connection with any Content and the Services provided under this Agreement.
Inappropriate, False, or Misleading Content. This should be common sense, but there are certain types of Content we don’t want submitted to our Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, illegal or otherwise offensive or in violation of any part of this Agreement. You also agree not to post any Content that is false or misleading or uses the Services in a manner that is fraudulent or deceptive.
4. Use of Services
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, platforms, and integrations subject to this Agreement and the following restrictions in particular:
Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you or Gary Mach. For example, it’s your responsibility to obtain any permits or licenses that you may require; you must not engage in fraud, theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Printful, another user, or a third party. You also agree that you are not the target of trade, financial, and economic sanctions, and that you do not appear on a sanctions-related list, including lists maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), the U.S. Department of State, the U.S. Department of Commerce, the European Union, or Her Majesty’s Treasury of the United Kingdom. You also agree that you will not export, reexport, or otherwise transfer Gary Mach's Products to countries or territories that are the target of comprehensive embargoes or sanctions (including Cuba, Iran, Syria, North Korea, and the Crimea region) or parties on the sanctions-related lists referenced above. You agree not to use the Services: (i) to impersonate or attempt to impersonate Gary Mach, any other Gary Mach Party (as defined below), or any other person or entity; or (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise. The following are collectively referred to as the “Gary Mach Parties”: (a) Gary Mach, (b) Gary Mach’s subsidiaries, affiliated companies, and joint ventures, and (c) the officers, directors, members, managers, equity holders, agents, and employees of Gary Mach and its subsidiaries, affiliated companies, and joint ventures.
Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code into our platforms, third party services, or other programs or systems our clients may use to promote their Products. You agree not to use the Services: (i) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with this Agreement; or (ii) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm any Party or expose any of them to liability. You agree that Gary Mach reserves the right to audit our platforms (systems) to ensure integrity and compliance with this Agreement, at the sole discretion of Gary Mach.
Follow Brand Guidelines. The name “Gary Mach”, our iconography, phrases, logos, and designs that we use in connection with the Products or Services we provide are trademarks, service marks, or trade dress of Gary Mach in Mauritius, the US, European Union, and all other countries, that are used for proprietary purposes at our sole discretion. Except as expressly provided in this Agreement, Gary Mach does not grant you any rights to use its trademarks, service marks, or trade dress. You may state in connection with the Services or Products provided by Gary Mach Store that Gary Mach provided such Services or Products. If you use any of our trademarks in reference to our Products or Services, you must include a statement attributing that trademark to us. You must not use any of our trademarks: (i) in or as the whole or part of your own trademarks; (ii) in connection with activities, Products or Services which are not ours; (iii) in a manner which may be confusing, misleading or deceptive; or (iv) in a manner that disparages us or our information, Products or Services (including the Site). Gary Mach reserves the right to request you to immediately remove any such misused iconography, phrases, logos, and designs at our sole discretion.
Share Your Ideas. We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Gary Mach (not including your Content or Products you sell or warehouse through our Services) are considered non-confidential and nonproprietary to you. By submitting those ideas and materials to us, you grant us a non-exclusive, worldwide, royalty-free, non-revocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you at any time.
Communication Methods. Gary Mach will provide you with certain legal information in writing. By using our Services, you’re agreeing to our communication methods which describe how we provide that information to you. This simply means that we reserve the right to send you information electronically (by email, etc.) instead of mailing you paper copies (it’s better for the environment).
Digital Items. Digital items (like mockups, templates, images and other design assets) and texts created in connection with the Products and/or Services we offer and their intellectual property rights belong exclusively to Gary Mach. Digital items and any results may only be used in connection with the advertising, promoting, offering and sale of Gary Mach’s Products and may not be used for other purposes or in conjunction with products from other manufacturers.
5. Content and Services
Items You Purchase Through Our Sites. Any legal claim related to a Product you purchase must be brought directly against you as the seller of the Product. You release Gary Mach from any claims related to Products sold by you through our Services, including claims for misrepresentations by you to your Customers or claims for physical injury or property damage by any of your Products that are warehoused for you by Gary Mach Store.
Content You Access. Customers may come across materials that they find offensive or inappropriate while using our Services. We make no representations concerning any content posted by others through the Services. Gary Mach is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by others that you accessed through the Services. You release us from all liability relating to that content.
Services. Gary Mach Store is dedicated to making our Services the best they can be, but we’re not perfect and sometimes things can go wrong. You understand that our Services are provided “as is,” with all faults and without any kind of warranty (express or implied), except for the warranties provided with respect to certain of our Product. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE EXPRESSLY DISCLAIMING ANY AND ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES OR CONDITIONS IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO OUR SERVICES, EXCEPT FOR THE WARRANTIES OR CONDITIONS PROVIDED WITH RESPECT TO SOME OF OUR PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. We do not guarantee that:
the Services will be secure or available at any particular time or location – Gary Mach shall not be liable for any delays, interruptions or loss of data in connection with the use of our Site and Services
any errors for which Gary Mach is responsible will be corrected;
the Services will always be free of viruses or other harmful materials; or
the results of using the Services will meet your expectations.
You use the Services solely at your own risk
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER GARY MACH NOR ANY OTHER GARY MACH PARTY SHALL BE LIABLE TO YOU OR YOUR CUSTOMERS FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. THE LIABILITY OF THE GARY MACH PARTIES WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICE THAT YOU HAVE PURCHASED OR USED THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
6. Limited Warranty on Products
Does not apply to Users residing in MAURITIUS.
Limited Warranty. We warrant that, at the time of delivery of a Product to a User or the Merchant’s Customer, the Product will not be materially defective or damaged (the “Limited Warranty”).
Who May Use This Warranty? Gary Mach extends the Limited Warranty only to Users and Merchants. All Limited Warranty coverage terminates if the User or the Merchant’s Customer sells or otherwise transfers a Product.
What Does This Warranty Not Cover? This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse.
Finally, as noted elsewhere in this Agreement, we unfortunately cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters.
What Is The Period Of Coverage? This limited warranty starts on the date of the delivery of the Product to the User or the Merchant’s Customer and lasts for thirty (30) days (the “Warranty Period”). For the avoidance of doubt, Gary Mach acknowledges that according to some jurisdictions the User may be entitled to a longer Warranty Period.
What Are Your Remedies Under This Warranty? With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the User or the Merchant along with the shipping fees corresponding to the defective or damaged Products.
How Do You Obtain Warranty Service? Promptly following delivery of a Product, you or your Customer (if you are a Merchant) will inspect the Product. If a Product is materially defective (including any error by Gary Mach Store in printing) or damaged upon receipt, or if you received the wrong Product, then in order to be eligible for service under this Limited Warranty, you must submit a claim within the Warranty Period in compliance with our Return Policy. If you are a Merchant, your Customer should contact you regarding any defective or damaged Product and with respect to any delivery of the wrong Product.
LIMITATION OF LIABILITY. THE REMEDIES DESCRIBED ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU AND/OR YOUR CUSTOMER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. Your rights in the case of lack of conformity
If you are a User residing in MAURITIUS, the legal guarantees established on consumer sales and guarantees below apply to the sale of our products. Consequently, you have the right, free of charge, to get the products repaired (or replaced) within the limits provided by the law, or, in case of failure of one of the remedies above to have an appropriate reduction in the price of the products, or the contract cancelled. Delivery costs for returning the product to be repaired or replaced under this clause shall be borne by Gary Mach, as well as any costs related to the delivery to you of the repaired or replaced product.
8. Responsibility of Site members and visitors
Violation of this Agreement or any other rules will result in the termination of your Gary Mach account.
Gary Mach and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, Gary Mach and its designees shall have the right to remove, block, and disable any Content. You agree that you must evaluate and to the extent permitted by law bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Gary Mach or submitted to Gary Mach, including without limitation information in Gary Mach collaborations, posts and in all other parts of the Gary Mach Services.
Without limiting other remedies, we may limit, suspend or terminate our Services and your account, prohibit access to our Site, delay, remove, block, or disable hosted Content, and take technical and legal steps to keep you off the Site if we think that you are creating problems, causing possible legal liabilities, breaching this Agreement, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. You are responsible for providing "us" with accurate and truthful information (including but not limited to your name and surname if you are a User or retail price if you are a Merchant). If you have provided "us" with inaccurate or false information, (a) you shall be liable to Gary Mach for damages and losses (including but not limited to taxes) arising out of such inaccurate or false information, (b) you shall reimburse such damages and losses (including but not limited to taxes) to Gary Mach, and (c) Gary Mach shall have the right to charge you for such damages and losses (including but not limited to taxes) and otherwise limit or suspend your access to the Services.
9. Payments and fees
You may choose to save your billing information to use it for all future orders and charges associated with Gary Mach Products and/or Services. In such case, you also acknowledge and agree that this information will be stored and processed by third party PCI DSS compliant service providers.
When you order a Product, or use a Service that has a fee, you will be charged, and you agree to pay, the fees in effect at the time the order is placed. We may change our fees from time to time (for example, when we have holiday sales, offer you a discount of base product prices, etc.). We may choose to temporarily change the fees for our Services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site or inform you individually. The sale will be submitted for processing and you will be charged as soon as you confirm it. You may then receive an email from us.
By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilize the card to effect payment. In case of an unauthorized use of a payment method, you will be personally liable for, and shall reimburse Gary Mach for damages resulting from such unauthorized use.
With regard to payment methods, you represent to Gary Mach that (i) the billing information you supply to us is true, correct, and complete and (ii) to the best of your knowledge, charges incurred by you will be honored by your financial institution (including but not limited to credit card company) or payment service provider.
If you or your Customer makes any return which does not comply with our return policies you will reimburse Gary Mach for its losses, which consist of fulfillment costs and chargeback handling fees (up to $15 USD per chargeback).
We may refuse to process a transaction for any reason or refuse to provide Services to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless stated otherwise, you may choose currency from the options available at the Site in which all fees and payments will be quoted. You are responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you may receive an email from us with the details and description of the Products ordered. Payment of the total price plus taxes and delivery must be made in full before the dispatch of your Products.
Printful at its sole discretion may offer you various discounts, as well as change, suspend or discontinue them at any time. You may find more information about the available discounts at the Site, in the marketing and promotional emails or via other channels or events Gary Mach may use or participate in.
Aside from the limited circumstances set out below, you are responsible for (and shall charge) all applicable taxes, such as but not limited to sales taxes, VAT, GST and others, and duties associated with the Products (if and as applicable).
In some states in the US and countries, Gary Mach may collect the applicable taxes from you as the seller and pay this to the relevant tax authority (if and as applicable).
In certain cases you are required to provide a valid exemption certificate such as Resale certificate, VAT ID or ABN.
Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, Customer addresses, etc., please check whether such an option is available in your account. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis.
The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your (if you are a User) or your Customer's (if you are a Merchant) responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case Gary Mach will not make any refunds and will not resend the Product.
If carrier tracking indicates that a Product was lost in transit, you or your Customer may make a written claim for replacement of (or credit to the Member’s account for) the lost Product in compliance with Gary Mach’s Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. All such claims are subject to Gary Mach investigation and sole discretion.