Terms and Conditions

This website is owned and operated by Black Market Merch, LLC (the "Company," "We," "Us," "Our"). These Terms and Conditions contain rules, regulations, and other details governing your use of this website and any purchase made, including orders, payments, returns, and agreements upon purchase.

Please read these Terms and Conditions ("Terms") carefully before using this website or purchasing any product through this website. These terms form a binding agreement between you and Black Market Merch, LLC.

By placing an order through this website, you accept and are bound by these Terms. You may not order or obtain products from this website if you do not agree to these Terms, are not of legal age to form a binding contract, or are prohibited from accessing or using this website by applicable law. By placing an order for products from its website, you agree to the Terms governing your purchase of goods or services, and (a) represent and warrant that you have read these Terms in their entirety, (b) are at least 18 years old or the legal age of majority in your jurisdiction, and (c) agree to be bound by all Terms and to be held liable for any noncompliane with these Terms.

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION THAT REQUIRES YOU TO RESOLVE DISPUTES AND WAIVES RIGHTS TO JURY TRIALS AND CLASS ACTION LAWSUITS. If you reside in a jurisdiction that permits you to opt out of such requirements, you must do so within thirty (30) days of placing your first order, otherwise you waive your right to opt out of binding arbitration and the right to join a class action lawsuit.

By using this website, or by purchasing any product, ticket, or service, you acknowledge and agree to be bound by these Terms. If you do not agree to these Terms, you may not use this website and you may not purchase any product, enter into any transaction, submit any content or information, or otherwise engage with Us through this website. By agreeing to these Terms, you represent that you are at least the age of majority in your state or province, or that you are the age of majority in your state or province, or you have given your consent to allow any of your minor dependents to use this site.

USE OF OUR WEBSITE. By using this website, you agree to these Terms and to respect the rights of our brand name, trademark, and digital items. You agree that you will not violate any laws in connection with your use of this website or the purchase of any product or service. This includes any local, state, federal, and international laws that may apply to you.You agree not to interfere with or try to disrupt any portion of his website or the sale of any product or transaction by any person, for example, by distributing a virus or other harmful computer code. You agree not to use this website: (i) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms and Conditions; or (ii) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of this website, or which, as determined by us, may harm Black Market Merch, our directors, officers, agents, employees, affiliates, partners, licensors, contractors, service providers, subcontractors, or suppliers, or expose any of them to liability.

PRODUCTS. Certain products may only be available in limited quantities. We reserve the right to increase the available quantity or make additional quantities available at a date after the initial limited quantity has been sold. Products labeled or indicated as "vintage" were previously available for purchase and either (a) the initially limited quantity sold out and at least 90 days have passed since the last sale from the initial offer has passed or (b) the initial quantity did not sell completely and at least 30 days has passed since the last sale from the initially limited quantity. Some products may have images and/or text that are intentionally distorted, distressed, destroyed, aged, or that appear blurred, foggy, fuzzy, hazy, or muzzy. These intentional design features are not covered by any limited warranty and are not eligible for a refund.

PURCHASES. Orders are placed exclusively through this website. Orders are fulfilled by, shipped by, and received from Printiful, Inc. All information asked on the checkout page must be filled in precisely and accurately. All descriptions of products or product pricing are subject to change at any time, without notice, at our sole discretion. We have made every effort to display, as accurately as possible, the colors and images of our products; however, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to discontinue any product at any time. Any offer for any product made on this website is void where prohibited. We reserve the right to limit the quantities of products that we offer. We reserve the right but are not obligated to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

PAYMENT PROCESSING. All transactions are facilitated by a third party. We may provide multiple payment methods, including payment by debit card, credit card, check, PayPal, Affirm, Klara, and/or Afterpay; however, we are under no obligation to provide specific payment options and the use of any particular third-party payment options may not be made available. Pricing and fees, as well as any associated delivery costs, will be indicated on the checkout page when you place an order. If there is any discrepancy between a price or fee listed on this website and the price or fee listed at checkout, the price or fee listed at checkout shall be deemed correct.

MODIFICATIONS TO PRICES. Prices for products are subject to change without notice. We reserve the right to modify or discontinue products at any time, without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of any product.

DELIVERY. Products purchased through this website are fulfilled by Printful, Inc., and we are not responsible for fulfillment or delivery times. In addition, we are not responsible for missed deliveries due to typos in the delivery information. The correct recipient name, delivery address, postal code or zip code, up-to-date telephone number, and email address are necessary to ensure the successful delivery of products. We reserve the right to place your order on hold due to security concerns, if we need to confirm your address, or any other reason, and we will give you 30 days to resolve the issue. If you fail to resolve any issue within 30 days, your order will be canceled, and you will not be entitled to a refund.

DELIVERY TIMES. We may provide delivery estimates on this website. Estimates are based on the average time for delivery and are an average estimation. Some deliveries may take longer or may be delivered much faster. All delivery estimates given at the time of placing and confirming an order are subject to change. We cannot guarantee delivery dates and accept no responsibility for products delivered after the estimated delivery date. We are not responsible for missed deliveries because of a wrong or misspelled recipient name, delivery address, email address, or phone number.

RETURNS. All sales are final. Any claims for misprinted, damaged, or defective items must be submitted within 10 days after the product has been received. For packages lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date. Any product approved for return must be unworn, unwashed, and in original packaging.

CANCELLATIONS. You may cancel your order, at any time and for any reason; however, you will only be entitled to a refund if work on your order has not started yet (order fulfillment typically begins within 24-48 hours). If you cancel your order after work has started, you may be entitled to a partial refund. Customers residing in Brazil have the right to cancel and return their order within 7 days, for any reason.

REFUSAL OF PRODUCTS. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

WEBSITE CONTENT. The entire content of this website is protected by copyright with all rights reserved. Black Market Merch, BlckMrktMrch, and its logos and names are trademarks and/or service marks of Black Market Merch, LLC. All other images, logos, or names are trademarks of their respective owners. None of the content from this website may be copied, transmitted, or reproduced in any manner without our express written consent. Any transmission, copy, reproduction, or alteration of the material or content on this website violates our copyrights. All trademarks or trade names are our sole property unless otherwise stated.

ERRORS, INACCURACIES, AND OMISSIONS. We are not responsible if the information made available on this website is inaccurate, incomplete, or not current; including, but not limited to, typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. The information on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this website is at your own risk. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at the time of purchase, and at any time, without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information including, without limitation, pricing information, except as by law. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on this website. You agree that it is your responsibility to monitor changes to this website.

OPTIONAL SERVICES. We may provide you with access to third-party services and products that we neither monitor nor have any control or input. You acknowledge and agree that we provide access to third-party services and products "as is" and "as available" without any warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party services. Any use by you of services offered through this website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which services are provided by the relevant third-party provider. We may also, in the future, offer new services and/or products through this website. Such new products and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS. Certain content, products, and services available via this website may include materials from third parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party websites, and we do not warrant nor accept liability or responsibility for any third-party materials or websites, or any other materials, products, or services of a third party. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review third-party policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

THIRD-PARTY PROVIDERS. The software used to power this website is the sole property of Storenvy Online Services LLC, a Pennsylvania limited liability company, and may not be recorded, redistributed, sold, de-compiled, or reverse-engineered in any way. By purchasing any product through this website, you are accepting and agreeing to the terms of the Storenvy Privacy Policy, which you acknowledge you have read and fully understand. Products made available for purchase through this website are fulfilled by Printful, Inc., a Delaware corporation, and any purchase of a product through this website constitutes your acceptance of and agreement to be bound by Printiful's Terms and Conditions, in addition to the Terms and Conditions of our website.

GENERAL CONDITIONS. We reserve the right to refuse service to anyone for any reason. You understand that your personal information (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to (a) reproduce, duplicate, copy, sell, resell, or exploit any portion of this website, (b) reproduce, duplicate, copy, sell, resell, or exploit any product sold on or through this website, and (c) access the administrative portions of this website, without express written permission by us. The headings in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

LIMITED WARRANTY ON PRODUCTS. Please read this section carefully as it covers our obligations and responsibilities for products purchased through this website. All sales are final. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected. If you have an issue with your order, you may be eligible for a replacement product or refund. We warrant that, at the time of delivery, the product will not be materially defective or damaged. Some products may have images and/or text that are intentionally distorted, distressed, destroyed, aged, or that appear blurred, foggy, fuzzy, hazy, or muzzy; and, these intentional design features are not covered by any limited warranty and are not eligible for a refund. 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. We cannot guarantee that the colors and details of images on this website accurately represent a particular product, and sizes might be approximate. Accordingly, this Limited Warranty does not cover such matters. This Limited Warranty does not cover any items supplied by third parties, size exchanges, or buyer’s remorse.

PRIVACY POLICY. When you access this website, we automatically receive your computer’s internet protocol (IP) address to provide information that helps us learn about your browser and operating system. With your permission, we may send you emails about our store, new products, and other updates. When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery, or return a purchase, you consent to our collecting such information and its use for that specific reason. If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use, or disclosure of your information, at any time, by contacting us at legal@blckmarktmrch.com. If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.We may disclose your personal information if we are required by law or if you violate our Terms of Service. When you click on third-party links they direct you away from this website. We are not responsible for the privacy practices of other websites and encourage you to read their privacy statements. To protect your personal information, we take reasonable precautions and follow industry best practices to ensure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed. We reserve the right to modify this privacy policy, at any time. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred during the acquisition or merger. Changes and clarifications will take effect immediately upon their posting on this website.

COMMENTS, FEEDBACK AND OTHER SUBMISSIONS. If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether orally, online, by email, by postal mail, or otherwise (collectively, 'submission'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any submission in confidence; (2) to pay compensation for any submission; or (3) to respond to any submission. By submitting any creative ideas, suggestions, proposals, plans, or other materials, you grant to us an irrevocable, royalty-free, no-cost, worldwide, perpetual, non-exclusive, transferable, and unrestricted license, to use the submission at our discretion for any purpose including, but not limited to, commercial purposes. You shall not be entitled to any compensation for our use of any submission. We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your submission will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your submission will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any submission. You are solely responsible for any submission you make and its accuracy. We take no responsibility and assume no liability for any submission by you or any third party.

PROHIBITED USES. You may not use this website or our products for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction (including but not limited to copyright and intellectual property laws). A breach or violation of any of the Terms will result in an immediate termination of your Services. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using this website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this website or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of this website or any related website, other websites, or the Internet. We reserve the right to terminate your use of this website for violating any prohibited uses.

RELEASE. You agree that you can’t sue us for anything that we have disclaimed or obtained your release from under these Terms and Conditions. To the fullest extent permitted by law you release us and all other parties from any and all claims and demands, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses incurred or suffered by any third party, of every kind and nature, known and unknown, relating to or arising out of any right, claim, or matter (a) which is disclaimed by us (or for which we provide no guarantees) under these Terms and Conditions, or (b) for which we are otherwise indemnified or released by you under these Terms and Conditions.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error- free. We do not warrant that the results that may be obtained from the use of this website will be accurate or reliable. You agree that from time to time we may remove products and/or services for indefinite periods or cancel products and/or services, at any time, and without notice. You expressly agree that your use of, or inability to use, this website is at your sole risk. This website and all products and services delivered to you through this website are provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Black Market Merch, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of this website or any products procured using this website, or for any other claim related in any way to your use of this website or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of this website or any product or any information posted, transmitted, or otherwise made available via this website, even if advised of their possibility. In states or jurisdictions that do not allow the exclusion or the limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION. You agree to indemnify, defend and hold harmless Black Markt Merch, LLC, and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. To the fullest extent permitted by law you will defend, indemnify, and hold us and the other parties harmless from any claim or demand, as well as any and all damages, losses, liabilities, judgments, costs, reasonable attorneys' fees, and other expenses of every kind and nature, known and unknown, incurred or suffered, relating to or arising out of (a) your breach of these Terms and Conditions, (b) your use or misuse of this website, (c) your content or submissions, (d) the infringement of someone else’s intellectual property or other rights, (d) your violation of any law or the rights of a third party, or (e) any claims related to products or items sold to you through this website, including claims for misrepresentations by us. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

PRODUCT DISCLAIMER. ALL PRODUCTS, GOODS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BLACK MARKET MERCH DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON- INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OR TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS.

LANGUAGE. Black Market Merch is an Internet-based virtual storefront that facilitates buying and selling goods and services online, serving as a digital equivalent to a physical store, and made available to users in many different countries. As such, we may translate these Terms and other policies into other languages for your convenience. The English language version of each of these documents is the version that governs your use of this website; and, in the event of any conflict between the English language version and a translated version, the English language version will control.

ARBITRATION. Any legal dispute involving this website, these terms, or the purchase of any product will be resolved by arbitration. By using this website and/or purchasing any product, you waive any rights to a jury trial or class actions. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND ABSOLUTELY WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ANY AND ALL DISPUTES. THIS JURY TRIAL WAIVER IS INTENTIONALLY MADE AS YOU WOULD PREFER TO RESOLVE ALL DISPUTES. THIS JURY TRIAL WAIVER IS A MATERIAL INDUCEMENT TO ENTERING INTO THIS AGREEMENT. FURTHERMORE, YOU KNOWINGLY, VOLUNTARILY, IRREVOCABLY, AND ABSOLUTELY WAIVE ALL RIGHTS TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER FORM OF JOINT DISPUTE RESOLUTION WITH OTHER PARTIES. Unless we agree otherwise, any arbitration hearings will take place in Wake County, North Carolina; and, unless we agree otherwise, we shall have sole discretion over choosing an arbitrator. The arbitrator’s decision shall be final and binding and judgment may be entered thereon. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee, for having to compel arbitration or defend or enforce the award. Notwithstanding the foregoing, you may instead assert your claim in any dispute in “small claims” court if you provide us with written notice of your intention to do so before any claim is submitted to arbitration and provided that (a) your claim qualifies, (b) your claim remains in such court, and (c) your claim remains on an individual, non-representative, and non- class basis. You agree to bring any small claims action in Johnston County, North Carolina, and waive any right to bring a small claims action in any other county, state, or jurisdiction.

SEVERABILITY. In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, and shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION. These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use this website. If, in our sole opinion, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement, at any time, and without notice. The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

WAIVER. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision and does not prohibit our right to exercise or enforce such right or provision in the future or exercise or enforce any right retroactively.

ENTIRE AGREEMENT. These Terms and Conditions, and any policies or operating rules posted by us on this website, or in respect to the see of products, services, or this website, constitute the entire agreement and understanding between you and us and govern your use of this website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions, Terms of Service, Privacy Policy, or other agreement). Any ambiguities in the interpretation of these Terms shall not be construed against us.

CHANGES AND MODIFICATIONS. We reserve the right to change or otherwise modify these Terms, at any time, and without prior notice. Any such changes or modifications shall become effective immediately upon posting them to this website. By continuing to use this website after that date, you expressly agree to the changes.

GOVERNING LAW. These Terms, your use of this website, and your purchase of products shall be governed by and construed in accordance with the laws of the State of North Carolina.

CONTACT INFORMATION. All correspondence must be sent via email to legal@blckmrktmrch.com

Last Updated: February 19, 2025