Terms of service

This document sets out the general terms and conditions of use for the Merchal website, which offers online merchandise printing, provided by the Application Owner.

1. Definitions

For a complete understanding and acceptance of these terms and conditions, the following terms, in singular and plural, shall have the meanings indicated below:

  • Owner: Merchal S.r.l., with registered office in Via Bocchetto 6, 20123, Milan, VAT number / Tax Code 14365400960, fully paid-up share capital € 2,000.00, certified email (PEC) address merchal@namirialpec.it.
  • Application: the Merchal website.

  • Products:

    • the material products sold by the Owner.

  • User: any subject who accesses and uses the Application.

  • Consumer User: an adult natural person who concludes a contract for purposes unrelated to his or her entrepreneurial, commercial, craft, or professional activity, if any.

  • Conditions: this contract that governs the relationships between the Owner and the Users and the sale of the Products or services offered by the Owner through the Application.

2. Detailed Information on the Application's Offering

The Application provides Users with Merchandise printing and production, with AI-generated design.

3. Scope of Application of the Conditions

The use of the Application implies the User's acceptance of the Conditions. If the User does not intend to accept the Conditions and/or any other note, legal notice, or information published or referred to herein, they may not use the Application or its related services.

The Conditions may be modified at any time.

The applicable Conditions are those in force on the date of transmission of the purchase order or request for supply of a Product.

Before using the Application, the User is required to read the Conditions carefully and to save or print them for future reference.

The Owner reserves the right to vary at its discretion, at any time, the Application's graphical interface, the Content and its organization, as well as any other aspect that characterizes the functionality and management of the Application, communicating the relevant instructions to the User, where necessary.

4. Purchase through the Application

All Products offered through the Application are described in detail on the respective product pages (quality, characteristics, availability, price, delivery times and costs, ancillary charges, etc.). Some errors, inaccuracies, or small differences may be evident between what is published on the Application and the actual Product. Furthermore, any images of the Products are only representative and do not constitute a contractual element.

Purchases of one or more Products through the Application are permitted to Consumer Users.

For natural persons, purchases are only permitted on the condition that they are adults. For minors, any purchase and/or request for the supply of Products through the Application must be examined and authorized by the parents or those exercising parental responsibility.

The offer of Products through the Application constitutes an invitation to offer, and the order sent by the User shall constitute a contractual purchase proposal, subject to confirmation and/or acceptance by the Owner as described below. Therefore, the Owner shall have the right, at its sole discretion, to accept or reject the User's order without the latter being able to object or complain about anything for any title and/or reason.

The contract for the sale of the Products is considered concluded with the Owner's acceptance of the User's contractual proposal. The Owner will accept the User's contractual proposal by sending the order confirmation to the email address indicated by the User, which will include the order date, the User's data, the characteristics and availability of the Product, the price or the method of price calculation, any further ancillary charges and taxes, the delivery address, the delivery times and any costs, the methods for exercising the right of withdrawal or its possible exclusion, and the warranty.

The contract for the sale of the Products is not considered effective between the parties in the absence of what is indicated in the preceding point.

In the event that the Product is unavailable, the Owner will inform the User of the new delivery or supply terms, asking whether they intend to confirm the order or not. It is understood that the contract will be deemed perfected only in relation to the Products accepted by the Owner.

The User undertakes to verify the correctness of the data reported in the order confirmation and to immediately communicate any errors to the Owner and will keep a copy of their order, the relative confirmation, and the Conditions.

5. Prices and Payments

The price for each Product is indicated inclusive of VAT, if due. Should the nature of the Product make it impossible to calculate the price in advance, the methods for calculating the price will be indicated.

Furthermore, any taxes, additional expenses, and delivery costs will be indicated, which may vary in relation to the destination, the chosen delivery method, and/or the payment method used. If these expense items cannot reasonably be calculated in advance, there will be an indication of which expenses will be charged to the User.

The Owner reserves the right to modify the price of the Products and any additional costs at any time. It is understood that any price modifications will under no circumstances prejudice contracts already concluded before the modification.

The User undertakes to pay the price of the Product within the times and methods indicated in the Application and to communicate all necessary data that may be requested.

The Application uses third-party tools for payment processing and does not come into contact with the payment data provided in any way (credit card number, cardholder name, password, etc.).

Should these third-party tools deny payment authorization, the Owner will not be able to provide the Products and cannot be considered responsible in any way.

6. Invoicing

The data for invoicing will be requested from the User who wishes to receive an invoice. The information provided by the User, which they declare and guarantee to be truthful, will be relied upon for the issuance of the invoice, releasing the Owner from any liability in this regard.

7. Guarantee of Conformity of Material Products for Consumer Users

Consumer Users are granted the guarantee of conformity, provided for by articles 129 et seq. of the Consumer Code, for all material Products sold through the Application, with the exception of the cases of exclusion provided for by article 128 of the Consumer Code.

The Owner is responsible towards the Consumer User for any lack of conformity that becomes apparent within two years from delivery. During the first year, the Consumer User is not required to prove that the defect existed at the time of delivery, as it is presumed to have existed at that date, unless this assumption is incompatible with the nature of the Material Product or with the nature of the lack of conformity.

Should the Consumer User intend to avail themselves of the remedies provided by the guarantee of conformity, they must send a written communication to the email address merchal@namirialpec.it.

The Owner will provide a timely response and indicate the procedure to be followed to the Consumer User.

For anything not provided for by this clause, articles 128 to 135-septies of the Consumer Code and the articles of the Civil Code concerning the formation, validity, and effectiveness of contracts, including the consequences of contract termination and the right to compensation for damages, shall apply.

8. Creative Commons License

The Content and/or materials available on the Application are made available based on the terms of the "Creative Commons Public License CC BY-NC 4.0 IT" (hereinafter "License"). The Content and/or materials available on the Application are protected by copyright, other rights attributed by copyright law (related rights, database rights, etc.) and/or other applicable laws. Any use of the content and/or materials available on the Application that is not authorized under the License and/or other applicable laws is prohibited.

The Owner grants the User the rights listed below on the condition that they agree to respect the terms and conditions of the License.

The Owner allows the User to reproduce, distribute, communicate to the public, represent, perform, recite, and transform the content and/or materials available on the Application by any means and format, but not for commercial purposes, provided that authorship is acknowledged and the User provides a link to the license and indicates if any modifications have been made. The full license can be consulted at this address: https://creativecommons.org/licenses/by-nc/4.0/legalcode.it

9. Disclaimer of Warranty

The Application is provided "as is" and "as available," and the Owner provides no explicit or implicit warranty in relation to the Application, nor does it guarantee that the Application will meet the needs of Users or that it will never have interruptions or be free of errors or that it will be free of viruses or bugs.

The Owner will endeavor to ensure that the Application is available uninterruptedly 24 hours a day, but cannot in any way be held responsible if, for any reason, the Application is not accessible and/or operational at any time or for any period. Access to the Application may be suspended temporarily and without notice in the event of system failure, maintenance, repairs, or for reasons entirely unrelated to the Owner's will or due to events of force majeure.

10. Limitation of Liability

The Owner cannot be held responsible towards the User, except in cases of willful misconduct or gross negligence, for disservices or malfunctions connected to the use of the internet network outside of their own control or that of their suppliers.

The Owner will also not be responsible for damages, losses, and costs suffered by the User as a result of the non-execution of the contract due to causes not attributable to them, the User being entitled only to the possible full refund of the price paid and any ancillary charges incurred.

The Owner assumes no responsibility for any fraudulent and illicit use that may be made by third parties of credit cards and other payment methods, as they do not come into contact with the payment data used (credit card number, cardholder name, password, etc.) in any way.

The Owner will not be liable for:

  • any loss of business opportunity and any other loss, even indirect, possibly suffered by the User that is not a direct consequence of the Owner's breach of contract;

  • incorrect or unsuitable use of the Application by Users or third parties;

  • the issuance of incorrect documents or tax data due to errors related to the data provided by the User, the latter being solely responsible for correct input.

In no case can the Owner be held liable for an amount exceeding twice the cost paid by the User.

11. Force Majeure

The Owner cannot be considered responsible for the failure or delay in fulfilling their obligations, due to circumstances beyond the Owner's reasonable control resulting from force majeure events or, in any case, unforeseen and unpredictable events and, in any case, independent of their will.

The fulfillment of the Owner's obligations will be considered suspended for the period in which force majeure events occur.

The Owner will take any action in its power in order to identify solutions that allow the correct fulfillment of their obligations despite the persistence of force majeure events.

12. Link to Third-Party Sites

The Application may contain links to third-party sites/applications. The Owner exercises no control over them and is therefore in no way responsible for the contents of these sites/applications.

Some of these links may refer to third-party sites/applications that provide services through the Application. In these cases, the general conditions for the use of the site/application and for the enjoyment of the service prepared by the third parties will apply to the individual services, in respect of which the Owner assumes no responsibility.

13. Privacy

The protection and processing of personal data will take place in conformity with the Privacy Policy which can be consulted on the page Privacy Policy

14. Applicable Law and Competent Court

The Conditions are subject to Italian law.

For Consumer Users, any dispute relating to the application, execution, and interpretation of these Conditions will be referred to the court of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, without prejudice to the Consumer User's right to bring an action before a court different from the "consumer forum" pursuant to art. 66 bis of the Consumer Code, competent by territory according to one of the criteria set out in articles 18, 19, and 20 of the civil procedure code.

The application to Consumer Users who do not have their habitual residence in Italy of any more favorable and mandatory provisions provided for by the law of the country in which they have their habitual residence is reserved, in particular in relation to the term for exercising the right of withdrawal, the term for returning the Products, in the event of exercise of this right, the methods and formalities of the communication thereof, and the legal guarantee of conformity.

15. Online Dispute Resolution for Consumer Users

The Consumer User residing in Europe must be aware that the European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the Consumer User to resolve non-judicially any dispute relating to and/or arising from contracts for the sale of goods and the supply of services concluded online. Consequently, the Consumer User can use this platform for the resolution of any dispute arising from the contract concluded online. The platform is available at the following address: consumer-redress.ec.europa.eu/

Date 25/09/2025