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Effective date: June 2025 · Last updated: June 2025
By accessing and using the Caracas Merch website (caracasmerch.com), you ("the user", "the customer") agree to be bound by these Terms of Service in their entirety. If you do not agree with any of these provisions, please refrain from using our site or making a purchase.
By completing a purchase on our site, you confirm that you have read, understood, and accepted these Terms of Service, our Return Policy, Shipping Policy, and Privacy Policy.
By using our site, you represent and warrant that:
Caracas Merch reserves the right to suspend or terminate access for any user who violates these conditions, without prior notice and without liability.
By placing an order with Caracas Merch, you agree to the following:
Cancellations are only available for orders that have not yet been processed or dispatched. Once an order has been prepared and handed over to the carrier, it cannot be cancelled or modified. To request a cancellation, contact us immediately at info@caracasmerch.com.
Caracas Merch does not issue monetary refunds under any circumstance. We accept product returns in exchange for store credit only, subject to the following conditions:
All sales outside the United States are final. We do not accept returns for orders shipped to Europe, Latin America, Asia, Africa, Oceania, or any other territory outside the U.S.
Store credit does not expire, is non-transferable, and cannot be exchanged for cash. For full details, please refer to our Return Policy.
Caracas Merch considers an order fully fulfilled once the carrier confirms delivery to the address provided at checkout. We do not issue refunds, store credits, or replacements for orders confirmed as delivered by the carrier, including packages stolen after delivery, delivered to a neighbor or building reception, or reported missing after a delivery confirmation has been issued. For full details, please refer to our Shipping Policy.
Caracas Merch is not responsible for incorrect or incomplete addresses provided by the customer, packages lost or stolen after confirmed delivery, or delays caused by factors outside our control, including but not limited to weather conditions, carrier strikes or failures, customs holds, pandemics, supply chain disruptions, technical failures of third-party platforms such as Shopify or payment processors, acts of war, or any other force majeure event. For full details on shipping costs, delivery times, and liability terms, please refer to our Shipping Policy.
All content on this website, apparel, social media channels, and any other Caracas Merch platform — including but not limited to: the name "Caracas Merch", logos, graphic designs, illustrations, photographs, text, slogans, and collection names — is the exclusive property of Caracas Merch LLC and is protected by applicable copyright and intellectual property laws.
Trademark Notice: The name "Caracas Merch" and its associated logos have a trademark registration application pending before the United States Patent and Trademark Office (USPTO). All rights reserved.
Creative Philosophy and Transformative Artistic Use: Caracas Merch designs are the result of an original and independent creative process. The vast majority of our graphics, illustrations, and visual elements are original works developed entirely by our creative team.
In cases where our work makes visual reference to existing images, symbols, logos, or cultural elements, such reference constitutes an intentional artistic and transformative use — a creative reinterpretation with its own visual identity, context, and meaning, distinct from the original in form, purpose, and expression. Under no circumstances is it the intention of Caracas Merch to appropriate the work of others, impersonate third parties, create confusion with existing brands, or commercially benefit from the reputation of others. Our transformative works are intended for cultural expression, artistic commentary, and the construction of an authentic and original brand identity.
Caracas Merch acts in good faith in all its creative processes and is committed to respecting the intellectual property of others. Any unintentional similarity to existing works is a product of the creative process and not the result of copying or misappropriation.
The following are strictly prohibited without the express written authorization of Caracas Merch LLC:
Violation of these provisions may result in civil and/or criminal liability, including payment of damages and legal fees.
All products sold by Caracas Merch LLC are provided "as is" and "as available", without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Caracas Merch LLC is not responsible for allergic reactions, material sensitivities, or damages resulting from misuse, modification, or unauthorized alteration of any of our products. It is the customer's responsibility to verify material composition prior to purchase if they have known sensitivities.
No verbal or written statement made by any Caracas Merch employee, representative, or agent outside of these Terms constitutes an additional warranty or modifies the conditions set forth herein.
To the fullest extent permitted by applicable law, Caracas Merch LLC, its directors, employees, partners, and suppliers shall not be liable for:
In no event shall Caracas Merch LLC's total liability to a customer exceed the amount paid by that customer in the specific transaction giving rise to the claim.
Caracas Merch products are intended exclusively for personal, non-commercial use. Unauthorized resale, reproduction, or commercial exploitation of our products is strictly prohibited. The unauthorized use of our products in advertising campaigns, marketing materials, social media content for commercial purposes, or any form of public representation without prior written authorization constitutes a violation of these Terms and of Caracas Merch LLC's intellectual property rights.
We strive to keep the information on our site accurate and up to date. However, typographical errors, omissions, or inaccuracies in prices, availability, or product descriptions may occur. Caracas Merch reserves the right to correct any errors at any time without prior notice, including the cancellation of orders placed at an incorrect price. In such cases, the customer will be notified and a store credit for the full amount will be issued.
Our site may contain links to third-party websites. Caracas Merch is not responsible for the content, privacy policies, or practices of those sites. Access to third-party sites is at the user's sole risk and responsibility.
You agree to indemnify, defend, and hold harmless Caracas Merch LLC, its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses — including reasonable legal fees, with a maximum indemnification cap equivalent to the amount paid by you in the transaction that gave rise to the claim — arising out of or related to: (a) your breach of these Terms; (b) your use of the site or our products; or (c) any violation of third-party rights.
Any dispute, controversy, or claim arising out of or relating to these Terms of Service, including their validity, interpretation, breach, or termination, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules then in effect, in Miami-Dade County, Florida, United States.
The arbitration shall be conducted in the English language. The arbitral award shall be final and binding on both parties and may be enforced in any court of competent jurisdiction.
Class Action Waiver: You agree that any dispute with Caracas Merch will be resolved exclusively on an individual basis. You expressly waive your right to participate in class action lawsuits, class arbitrations, or any other form of collective or representative proceeding against Caracas Merch LLC.
Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief from a court of competent jurisdiction to protect intellectual property rights pending arbitration.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles. For any matter not subject to arbitration under the preceding section, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida, and waive any objection based on the principle of forum non conveniens.
These Terms of Service are published in both English and Spanish. In the event of any conflict, ambiguity, or discrepancy in interpretation between the two versions, the English version shall prevail and shall be the legally binding version for all purposes.
Caracas Merch reserves the right to update or modify these Terms of Service at any time. Changes will take effect upon publication on the website. Your continued use of the site following any modification constitutes your acceptance of the updated terms. No verbal or written communication from any Caracas Merch employee or representative may modify these Terms.
If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. Caracas Merch's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right. These Terms constitute the entire agreement between you and Caracas Merch LLC with respect to the use of the site and supersede any prior agreements, representations, or understandings, whether verbal or written.
Questions? Email us at info@caracasmerch.com - we respond within a maximum of 5 business days.
