Terms & Conditions
This is a translation for your convenience. The German version of this document is the legally binding one. Read the German version →
General terms and conditions of Merch my Day GmbH, Nürnberger Str. 38, 10777 Berlin (hereinafter “we” or “MERCH MY DAY”) for production, finishing and merchandising services and for orders placed via the online configurator. Version: August 2026.
1. Scope
1.1 These general terms and conditions apply to all contracts concluded between us and our customers for the production, finishing and delivery of textiles and merchandise items and for related services (e.g. design, fulfilment, logistics) — including orders completed via our online configurator with checkout.
1.2 Our production, finishing and project services (section 2) are directed at entrepreneurs within the meaning of § 14 BGB — in particular artists, labels, agencies, brands, clubs and companies. Orders via the online configurator (section 3) are open to entrepreneurs and to consumers within the meaning of § 13 BGB. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. Where individual provisions apply only to consumers or only to entrepreneurs, this is expressly indicated.
1.3 Only these terms and conditions apply. Deviating or conflicting terms of the customer become part of the contract only if we have expressly agreed to their validity in text form.
2. Project business
2.1 Outside the configurator (section 3), no sale takes place via our website. The presentation of products, references and services on the website is non-binding and does not constitute a legally binding offer.
2.2 Project and order enquiries submitted via the website forms are non-binding enquiries by the customer. The automatic e-mail confirmation of receipt merely documents that the enquiry has arrived and does not constitute acceptance.
2.3 Based on the enquiry we prepare an individual offer. The contract is only concluded when the customer accepts our offer and we confirm the order bindingly in text form (e.g. by e-mail), at the latest upon performance of the service.
2.4 The contract language is German.
3. Orders via the configurator
3.1 In the configurator the customer can select and individually design products — with their own uploaded designs, texts, graphics from our design library or with the support of the AI design assistant (“D.AI”) — and set quantities, size distribution, finishing technique and special features (e.g. neck label, hangtag, polybag packaging). Estimated prices including any volume discounts and estimated delivery times are displayed.
3.2 By clicking “Buy now” the customer submits a binding offer to conclude a purchase contract for the items listed in the basket. Before submitting, the customer can review all entries in the basket summary and change them via the steps of the configurator. The total amount including VAT and shipping costs is displayed before submission; payment is processed immediately afterwards via our payment service provider (section 4.3).
3.3 The contract is concluded with the order confirmation that we send by e-mail after payment has been received. The payment confirmation issued by the payment service provider alone does not constitute acceptance. The prices and shipping costs displayed in the configurator are binding for that order; delivery times remain non-binding estimates (section 7.2). We store the contract text; the customer receives the order data and these terms in text form (e-mail).
3.4 Configurator enquiries are open to entrepreneurs and consumers (enquiry as a “private individual”). If a contract is concluded on the basis of such an enquiry exclusively by means of distance communication (e.g. e-mail, telephone), it is a distance contract; for consumers, section 9 additionally applies.
3.5 Unprinted samples can be requested via the configurator. Availability and conditions follow from the offer.
3.6 We reserve the right to reject enquiries or orders, in particular if uploaded content violates section 5 or if an infringement of rights is suspected. Any payments already made will be refunded without delay in such cases.
3.7 Print data check and print approval: After the contract is concluded we check the print data (files, resolution, print margins) and contact the customer if anything stands out. Production only begins once the customer has granted print approval. If approval is delayed, delivery times shift accordingly.
4. Prices and payment
4.1 Project business: All prices are agreed individually in the respective offer. Unless stated otherwise, they are exclusive of statutory VAT and of any shipping and logistics costs. Payment terms (due dates, any advance payments for production orders) follow from the offer or invoice. Unless agreed otherwise, invoices are payable within 14 days of the invoice date without deduction.
4.2 Configurator: The prices displayed in the configurator include statutory VAT and, where applicable, volume-based discounts. They are non-binding estimates (section 3.3); the prices in the offer are binding. Discount codes and promotions apply according to their respective conditions; discounts and credits are not paid out in cash.
4.3 Configurator: The total amount is due immediately and in full upon placing the order. Payment is processed via our payment service provider; the available payment methods are displayed during the ordering process. We reserve the right to exclude individual payment methods. As the products are made to order, production only begins after receipt of payment and print approval (section 3.7).
4.4 In the event of default of payment, the statutory rules apply. We are entitled to postpone production until agreed advance payments have been received; agreed delivery dates shift accordingly.
5. Customer cooperation, print data and third-party rights
5.1 The customer provides us with the content required for production (in particular logos, artwork and print data) in the agreed format and in sufficient quality. The customer is responsible for the correctness of the approved data (e.g. spelling, placement, colour specifications). For orders via the configurator, the configuration made by the customer and the content uploaded or selected by the customer are decisive in the form in which they were displayed in the preview during the ordering process and confirmed by the customer; we do not review the content.
5.2 The customer warrants that they hold all rights required for the use of the provided content (in particular copyright, trademark, design and personality rights) and that production and distribution do not infringe any third-party rights. The customer indemnifies us against all third-party claims based on a breach of this warranty, including the reasonable costs of legal defence.
5.3 The customer undertakes not to upload or provide any content that violates statutory provisions, in particular no content that glorifies violence, incites hatred, discriminates, endangers minors or is unconstitutional. We are entitled to refuse the production of artwork whose content violates statutory provisions or recognisably infringes third-party rights.
5.4 The customer grants us a simple right of use in the provided content, limited to the purpose of the contract, for processing the order (in particular storage, technical preparation and reproduction on the ordered products). Any use beyond this only takes place in accordance with section 12 or with the customer's separate consent.
5.5 We retain print data provided by the customer only for order processing; there is no entitlement to permanent archiving.
5.6 Design library and AI designs: For graphics from our design library and for designs created with the AI design assistant (“D.AI”), the customer receives a simple right of use for the products ordered from us. No exclusivity is granted; the same or similar graphics and AI designs may also be available to other customers. No copyright or trademark protectability of such designs is warranted. The customer reviews AI-generated designs for content and suitability before approval.
5.7 Information provided by the AI chat assistant (“Merch my D.AI”) is non-binding service information and does not constitute a warranty; only the details in the offer and the order confirmation are binding.
6. Production, samples and customary tolerances
6.1 The specifications recorded in the offer and the order confirmation, and any samples, mock-ups or proofs approved by the customer, are decisive for execution; for configurator orders, the preview confirmed by the customer.
6.2 In textile production and finishing, minor deviations customary in the industry do not constitute a defect, in particular: slight deviations in colour shade, dimensions and grammage between sample/screen display and production goods, and production-related deviations between individual batches.
6.3 Towards entrepreneurs only: For production orders, over- or under-deliveries customary in the industry of up to 5 % of the ordered quantity are permissible; the quantity actually delivered is invoiced. Consumers are always delivered and invoiced the ordered quantity.
7. Delivery and delivery dates
7.1 Project business: Delivery dates and periods are agreed individually. Agreed periods do not begin before all execution details have been fully clarified, the approved print data has been received and — where agreed — the advance payment has been received.
7.2 Configurator: We deliver within Germany and to the member states of the European Union. The delivery times displayed in the configurator (e.g. “approx. 14–18 working days”) are non-binding estimates; binding dates follow from the order confirmation for configurator orders, and from the offer in project business. Periods do not begin before receipt of payment and print approval (section 3.7). Shipping costs are shown in the configurator or in the offer; from the order quantity stated there, we deliver free of shipping costs.
7.3 Events of force majeure and disruptions at upstream suppliers or transport companies for which we are not responsible extend the delivery period appropriately. We inform the customer without delay of foreseeable delays.
7.4 Delivery is made to the agreed delivery address. If the customer is a merchant, the risk passes to the customer upon handover of the goods to the transport company. For consumers, the risk of accidental loss and accidental deterioration only passes upon handover of the goods to the consumer.
8. Retention of title
8.1 The delivered goods remain our property until all claims from the respective contract have been paid in full.
9. Right of withdrawal and voluntary returns
9.1 For distance contracts, consumers are in principle entitled to a statutory right of withdrawal. This applies to orders placed via the configurator as well as to contracts concluded on the basis of an enquiry exclusively by means of distance communication (e.g. e-mail, telephone). Entrepreneurs are not granted a right of withdrawal. For customised products, the exclusion under section 9.2 applies.
9.2 Important — exclusion of the right of withdrawal: Pursuant to § 312g (2) no. 1 BGB, the right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and whose production is determined by an individual choice or specification by the consumer, or that are clearly tailored to the personal needs of the consumer. This concerns in particular all products that have been customised in the configurator with own designs, texts, artwork or individual customisations.
9.3 For non-customised goods (e.g. blank items without finishing), the following right of withdrawal applies:
Instructions on withdrawal
Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us (Merch my Day GmbH, Nürnberger Str. 38, 10777 Berlin, e-mail: anfrage@merchmyday.de) by means of a clear declaration (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract. You may use the model withdrawal form, but this is not mandatory. You can also declare the withdrawal via the withdrawal function on our website; if you make use of this option, we will confirm receipt of the withdrawal to you without delay in text form (e.g. by e-mail). To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal. If you withdraw from this contract, we shall reimburse all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the most favourable standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this reimbursement we use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this reimbursement. We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without delay and in any event at the latest within fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is attributable to handling of the goods that was not necessary to examine their condition, properties and functioning.
Model withdrawal form
If you wish to withdraw from the contract, please fill in this form and return it to us:
To: Merch my Day GmbH, Nürnberger Str. 38, 10777 Berlin, e-mail: anfrage@merchmyday.de
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*): —
Ordered on (*) / received on (*): —
Name of the consumer(s): —
Address of the consumer(s): —
Signature of the consumer(s) (only if notified on paper): —
Date
(*) Delete as appropriate.
9.4 Voluntary return option for customised goods: Independently of the statutory right of withdrawal — which is excluded for customised goods under section 9.2 — we voluntarily grant our customers the option of returning goods customised in the configurator to us within 14 days of receipt. The goods must be unworn, unwashed and in their original condition. The customer bears the costs of the return shipment.
9.5 Reimbursement under this voluntary return option is made exclusively as a credit to the customer's account with MERCH MY DAY. The credit can be offset against future orders; the credit is not paid out. There is no entitlement to reimbursement in money under the voluntary return option.
9.6 The customer's statutory rights remain unaffected by the voluntary return option, in particular the right of withdrawal for non-customised goods under section 9.3 and the statutory rights in respect of defects under section 10. In these cases, reimbursement is made in accordance with the statutory rules, in particular using the same means of payment as in the original transaction.
10. Warranty and duty to give notice of defects
10.1 The statutory law on liability for defects applies unless otherwise provided below. For consumers, the statutory warranty rights and periods apply without restriction.
10.2 If the customer is a merchant, the commercial duties of examination and notification apply (§ 377 HGB): the goods must be examined without delay after delivery; recognisable defects must be notified without delay, hidden defects without delay after discovery, in text form. If timely notice is not given, the goods are deemed approved.
10.3 Deviations customary in the industry within the meaning of section 6 do not constitute a defect. Furthermore, no defect exists in the case of errors attributable to data supplied by the customer or uploaded in the configurator and confirmed in the preview (e.g. low resolution, typing errors, incorrect placement). Size distributions automatically suggested by us are non-binding recommendations; the distribution confirmed by the customer is decisive.
11. Liability
11.1 For damage caused by us, our legal representatives or vicarious agents, we are liable without limitation in the event of injury to life, body or health, in the event of intentional or grossly negligent breach of duty, in the event of guarantee promises, where agreed, and where the scope of the Product Liability Act applies.
11.2 In the event of a slightly negligent breach of essential contractual obligations — i.e. obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the contractual partner may regularly rely (cardinal obligations) — our liability is limited in amount to the foreseeable damage typical of the contract at the time of conclusion. In all other respects, liability is excluded.
12. References
12.1 We may name and depict the customer and the products realised for them as a reference after market launch (e.g. on our website and in presentations), unless the customer objects or something else is agreed in the individual case — in particular for as yet unpublished projects, which are of course treated confidentially. For orders placed by consumers via the configurator, references or depictions of the products are only made with the customer's express consent.
13. Dispute resolution
13.1 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German Consumer Dispute Resolution Act (VSBG).
14. Final provisions
14.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Towards consumers, this choice of law only applies insofar as it does not deprive them of the protection of mandatory provisions of the law of the state in which they have their habitual residence.
14.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the business relationship is Berlin.
14.3 Should individual provisions of these terms and conditions be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected. The invalid provision is replaced by the statutory rule.