Terms of service

Effective from: June 2025 · Last updated: October 2026

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, we ask that you refrain from using our site or making purchases.

By completing a purchase on our site, you confirm that you have read, understood and accepted these Terms of Service, our Refund Policy, Shipping Policy and Privacy Policy.

Acceptance through any payment method. This acceptance applies regardless of the payment method or checkout flow you use, including accelerated or "express" payments (such as Shop Pay, Apple Pay, Google Pay, PayPal or Klarna) started from the product page, the cart or the checkout. Links to these Terms and our policies are available at checkout and in the confirmation email for each order, and you may review them at any time before completing your purchase.

Company details

Caracas Merch LLC
6966 NW 116th Ct
Doral, FL 33178
United States

Contact email: info@caracasmerch.com, we respond within a maximum of 2 business days.

1. Use of the site

By using our site, you represent and warrant that:

You are at least 18 years of age, or have the express consent of a legal guardian.
You will not use our products or services for any illegal or unauthorized purpose.
You will not attempt to access protected areas of the site, interfere with its operation, or introduce malicious code of any kind.
You will not use automated systems, bots, scrapers or similar tools to extract content, monitor pricing or place bulk orders without our express authorization.
The information you provide in any form or transaction is truthful, complete and current.

Caracas Merch reserves the right to suspend or terminate the access of any user who violates these conditions, without prior notice and without any liability.

2. Purchase conditions

By making a purchase at Caracas Merch, you accept the following conditions:

It is your sole responsibility to verify that the shipping address entered at checkout is correct and complete before finalizing your purchase.
Prices are stated in United States dollars (USD) and may change without prior notice. The price applicable to your order is the one in effect at the time the purchase is confirmed.
Confirmation of your order does not guarantee product availability. In the event of stock shortage, we will notify you and refund the amount paid to your original payment method.
Shipping is subject to availability and possible delays caused by factors outside our control, including carriers, customs, natural disasters or force majeure events.
We reserve the right to refuse or cancel any order for reasons including, among others, suspected fraud, incorrect information, or violation of these Terms. If we cancel an order that has already been paid, we will refund the amount to your original payment method.
Caracas Merch covers applicable export taxes, customs duties and import taxes. The price shown at checkout is the final price. See our Shipping Policy for details.
Pre-order products are dispatched within the estimated timeframe shown on their product page. If we cannot meet it, you may cancel for a full refund under Section 10A of our Shipping Policy.

Discount codes and promotions. Unless stated otherwise, discount codes are valid for a single use per order, cannot be combined with each other or with other active promotions, have no monetary value, cannot be redeemed for cash and are not applied retroactively to orders already placed. Caracas Merch reserves the right to void codes obtained, duplicated or publicly distributed without our authorization, and to cancel orders placed with them, refunding the amount paid to the original payment method.

3. Cancellations

Cancellations apply only to orders that have not yet been processed or dispatched. Once an order has been prepared and handed to the carrier, it cannot be cancelled and the shipping address cannot be modified. To request a cancellation, email us at info@caracasmerch.com as soon as possible.

Cancellations approved before dispatch are refunded in full to the original payment method.

4. Payment methods and installment payments

We accept the payment methods shown at checkout. Payment processing is handled by certified providers; Caracas Merch does not store card data.

Installment payments (Klarna and equivalent providers). When you choose to pay on deferred terms or in installments, the credit or financing agreement is entered into exclusively between you and that provider. Caracas Merch is not a party to that agreement, does not participate in the approval or rejection decision, and is not responsible for interest, late fees, credit reporting or any condition that provider applies to you. Any claim relating to the financing must be directed to the provider.

Returns of orders paid with Klarna are governed by the "Purchases made with Klarna" section of our Refund Policy.

5. Product descriptions, colors and measurements

We make every effort to represent our products as faithfully as possible. However, you acknowledge and accept that:

Color appearance may vary depending on your screen, device, calibration and the lighting conditions in which you view the product.
Measurements listed in our size guide are approximate and, as these are manufactured garments, may vary by up to 2 cm from what is stated.
Minor variations in tone, texture, print placement or finish are inherent to textile and printing production processes.

The variations described in this section do not constitute a manufacturing defect and do not give rise to a return under the "Manufacturing defects and errors on our part" section of our Refund Policy. We recommend consulting our size guide before purchasing and emailing us at info@caracasmerch.com if you have any questions about fit.

6. Refund policy

Caracas Merch does not issue monetary refunds, except in the cases expressly stated in our Refund Policy. We accept product returns for store credit, subject to the following conditions:

The request must be made within 14 calendar days of the delivery date confirmed by the carrier.
It applies only to orders delivered to the 50 United States, the District of Columbia and Puerto Rico.
The product must be unused, unwashed, with all original tags intact and in resalable condition.
The customer is responsible for return shipping costs, unless the return is due to an error or manufacturing defect on our part.
You must have our prior written authorization before shipping the package.

Sales outside the stated geographic scope are final with respect to returns based on change of mind, sizing or personal preference, except for the 14-day right of withdrawal available to consumers in the European Union, the European Economic Area and the United Kingdom, described in Section 2A of our Refund Policy. Items with a verifiable manufacturing defect and incorrect shipments are covered in any destination country.

Store credit never expires, is non-transferable and cannot be redeemed for cash. For full details, see our complete Refund Policy, which forms an integral part of these Terms and prevails over this section on matters of returns and refunds.

Exceptions to the store credit rule:

Klarna purchases: orders paid through Klarna are governed by different terms, including a full monetary refund and free return shipping within 14 calendar days of delivery.
Defects with no replacement available: if an item has a manufacturing defect and we have no inventory to replace it, the customer may choose between store credit or a refund of the item value.
Orders cancelled by Caracas Merch: when we cannot fulfill an order for reasons attributable to us, the amount is refunded in full to the original payment method.

7. Confirmed deliveries / Packages stolen or lost after delivery

Caracas Merch considers an order fulfilled once the carrier confirms delivery to the address provided at checkout. As a general rule, we do not issue refunds, store credit or reshipments for orders confirmed as delivered by the carrier, including packages stolen after delivery, delivered to a neighbor or building reception, or reported as lost after a delivery confirmation.

However, we review each case individually and, if the customer contacts us within 7 calendar days of the confirmed delivery, we will open a formal claim with the carrier on their behalf. For full details, see our complete Refund Policy.

8. Shipping

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, strikes, carrier failures, customs holds, pandemics, supply chain disruptions, technical failures of third party platforms such as Shopify or payment processors, armed conflict or any other force majeure event. For full details, see our complete Shipping Policy.

9. Chargebacks and payment disputes

If you have any problem with your order, we ask that you contact us first at info@caracasmerch.com. We respond within a maximum of 2 business days and resolve the vast majority of cases directly.

We ask that you contact us before initiating a chargeback or payment dispute, as we can usually resolve the issue faster. Nothing in these Terms limits your legal right to dispute a charge with your bank or card issuer, including your rights under the U.S. Fair Credit Billing Act.

Caracas Merch reserves the right to:

Dispute before the issuing bank, payment processor or installment payment provider any chargeback we consider unwarranted, submitting as evidence the order record, the carrier's delivery confirmation and the history of communications with the customer.
In the case of fraudulent or bad-faith chargebacks, suspend the customer's account and refuse future orders from the same customer, email address, shipping address or payment method.
Pursue through available legal channels the amount of chargebacks filed in bad faith, together with the reasonable costs associated with handling them.

A chargeback resolved in the customer's favor does not void the provisions of these Terms or of our Refund Policy.

10. Customer accounts and loyalty program

Customer accounts. Accessing certain features may require creating an account. You are responsible for maintaining the confidentiality of your credentials and for all activity carried out from your account. You must notify us immediately at info@caracasmerch.com if you detect unauthorized access. Caracas Merch may suspend or close accounts that show fraudulent activity, breach these Terms, or remain inactive for an extended period, with reasonable notice except in cases of fraud or security risk.

Loyalty program. Caracas Merch may offer a rewards program, benefits or access to exclusive content and collections for customers. Participation is voluntary and free, and subject to the following conditions:

Points, rewards and benefits have no monetary value, do not constitute customer property, are non-transferable, cannot be redeemed for cash, and are not inheritable.
Points and benefits are void if the account is closed at the customer's request, suspended for breach of these Terms, or if we detect fraudulent or abusive use of the program.
Access to private collections, access codes, exclusive content or preferential pricing is a revocable benefit and not an acquired right. Publicly sharing an access code intended for personal use constitutes a breach of these Terms.
Caracas Merch reserves the right to modify, suspend or terminate the program, and to adjust point values or redemption conditions, at any time and with reasonable notice to participants. Points accrued and unredeemed at the time of termination may be voided without compensation.

11. User generated content

By posting reviews, comments, photographs, videos or any other content on our site or associated platforms, you represent and warrant that you own the rights to that content or have the necessary authorization to publish it, and that its publication does not infringe third party rights.

In doing so, you grant Caracas Merch LLC a non-exclusive, worldwide, royalty-free and sublicensable license to use, reproduce, adapt, publish, translate and display that content on our website, social media, email campaigns and advertising materials, with attribution to your name or username where possible. This license does not transfer ownership of your content to Caracas Merch, and you retain all rights to it.

You may request at any time that we stop using your content by emailing info@caracasmerch.com. We will act on the request within a reasonable time, without prejudice to materials already published or distributed before the request.

Caracas Merch reserves the right not to publish, to edit for formatting reasons, or to remove content that is offensive, defamatory, illegal, misleading or unrelated to the purpose of the space in which it was posted. We are not obligated to monitor user posted content and assume no liability for it.

12. Intellectual property and trademark

Except for third-party content described in Section 12A, all content on this website, clothing, social media and any other Caracas Merch channel, 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.

Originality of our designs: Caracas Merch designs are original creations developed by our creative team. Caracas Merch acts in good faith in all of its creative processes and is committed to respecting the intellectual property of third parties.

Designated agent for copyright notices:

Caracas Merch LLC
Attn: DMCA Agent
6966 NW 116th Ct
Doral, FL 33178, United States
Email: info@caracasmerch.com

Notice of alleged infringement. If you are a copyright owner, or its authorized representative, and believe in good faith that content hosted on our site infringes your rights, send a notice to the designated agent including:

Your physical or electronic signature.
Identification of the copyrighted work you believe has been infringed.
Identification of the allegedly infringing material and its location on our site, in sufficient detail for us to locate it.
Your contact information: name, address, telephone number and email address.
A statement that you are acting in good faith and that the use of the material is not authorized by you, your agent or the law.
A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the rights owner.

Upon receiving a valid notice, we will promptly remove or disable access to the material and notify the person who posted it.

Counter-notice. If your content was removed and you believe in good faith that this was due to a mistake or misidentification, you may send a counter-notice to the designated agent including:

Your physical or electronic signature.
Identification of the material that was removed and the location where it appeared before removal.
A statement, under penalty of perjury, that you believe in good faith that the material was removed as a result of a mistake or misidentification.
Your name, address and telephone number.
Your consent to the jurisdiction of the federal district court for your address, or the Southern District of Florida if you reside outside the United States, and your agreement to accept service from the person who submitted the original notice.

Repeat infringer policy. Caracas Merch may, in appropriate circumstances, suspend or terminate the accounts of users who are repeat infringers of intellectual property rights.

False notices. Anyone who knowingly submits a notice or counter-notice containing materially false statements may be liable for damages under applicable law.

Trademark claims. If your claim concerns a trademark rather than copyright, email us at the same address stating the trademark, its registration if any, the content in question and your contact details. We will review every notice received and act diligently.

Without the express written authorization of Caracas Merch LLC, the following is strictly prohibited:

Copying, reproducing, distributing or publishing any content from the site.
Using the Caracas Merch name, logos or designs for commercial, advertising or public representation purposes.
Creating derivative products based on the brand's content or designs.
Registering domains, social media usernames or other digital identities that include the name "Caracas Merch" or similar variations that may cause confusion.

Failure to comply with these provisions may result in civil and criminal liability, including payment of damages and legal fees.

12A. Editorial content and third-party references

Caracas Merch LLC publishes content about artists, athletes and other public figures on its website, its blog ("Culture"), sections such as "Spotted" and its other channels. We distinguish between three types of content: (i) editorial content, which is informational and cultural; (ii) promotional content for our products; and (iii) authorized collaborations, which we identify as such. Unless expressly stated otherwise:

No sponsorship or endorsement. Mentioning any person's name or image does not imply sponsorship, endorsement, affiliation, collaboration or any commercial relationship with Caracas Merch.
Nature of appearances. A person may appear wearing Caracas Merch because they purchased the item, received it as a gift or wardrobe loan (for example, through stylists), or as part of a collaboration. Unless the content is expressly identified as a collaboration or paid advertising, the appearance does not imply that the person endorses Caracas Merch. Paid collaborations and content featuring gifted products are disclosed in accordance with applicable advertising rules, and we only use a person's image in paid advertising when we have their permission.
Third-party rights. Third-party names, images, trademarks and photographs belong to their respective owners. Where we know who took a photograph, we will credit the photographer. Publishing editorial content does not by itself grant Caracas Merch rights over third-party photographs or a person's image; where required, we seek the necessary permission or remove the content at the rights holder's request.
Our designs. The garments, graphics, phrases, logos and other Caracas Merch designs that appear in such content are the exclusive property of Caracas Merch LLC and are protected under Section 12, regardless of who wears them or who took the photograph. A person appearing in a Caracas Merch garment does not grant that person or any third party any right, license or ownership over our designs, nor does it authorize their reproduction, modification or commercial use.
Editorial opinions. Blog articles reflect Caracas Merch's editorial opinion on cultural topics and matters of public interest, and do not represent the views of the people mentioned.

Removal requests. If you are the person shown or mentioned, their legal representative, or the rights holder of an image, email info@caracasmerch.com with: (i) the URL of the content, (ii) the image or mention you want removed or credited, and (iii) your relationship to the person or rights. We will remove or modify the content within 48 business hours of receiving the request, without the need for a formal procedure. This process is in addition to, and does not replace, the copyright notice procedure in Section 12. Removing content does not constitute an admission of liability and does not affect Caracas Merch's rights over the designs shown in it.

13. Disclaimer of warranties

All products sold by Caracas Merch LLC are provided "as is" and "as available", without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose or non-infringement, to the maximum extent permitted by applicable law.

Caracas Merch LLC will not be liable for allergic reactions, material sensitivities, or damages arising from misuse, modification, unauthorized alteration or failure to follow the care and washing instructions stated on the label of any of our products. It is the customer's responsibility to verify material composition before purchase if they have known sensitivities.

No verbal or written statement made by Caracas Merch employees, representatives or agents outside these Terms constitutes an additional warranty or modifies the conditions set out here.

This section does not exclude legal guarantees that applicable law grants to consumers and that cannot be excluded, such as the European Union legal guarantee of conformity or the rights under the UK Consumer Rights Act 2015, described in Section 9 of our Refund Policy.

14. Limitation of liability

To the maximum extent permitted by applicable law, Caracas Merch LLC, its directors, employees, partners and suppliers will not be liable for:

Direct, indirect, incidental, special, punitive or consequential damages of any nature.
Economic losses, data loss, business interruption or reputational harm.
Damages arising from the use or inability to use our website or products.
Shipping delays, losses or damage caused by carriers or factors outside our control.
Packages stolen or lost after confirmed delivery by the carrier.
Technical failures of third party platforms including Shopify, Klaviyo, Klarna, payment processors or other service providers.

In no event shall the total liability of Caracas Merch LLC to a customer exceed the amount paid by that customer in the specific transaction giving rise to the claim.

Nothing in this section limits or excludes Caracas Merch LLC's liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, willful misconduct or gross negligence, defective products under applicable law, or any other liability that cannot be limited by law.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In those jurisdictions, the above limitations will apply only to the maximum extent permitted by law.

15. Permitted use of products

Caracas Merch products are sold for personal use. Without the express written authorization of Caracas Merch LLC, the following is prohibited:

Reproducing, replicating or manufacturing products incorporating our designs, graphics, logos or brand name.
Reselling our products commercially or systematically in a way that suggests affiliation, authorization, official distribution or representation of Caracas Merch.
Using our products or images in advertising campaigns, marketing materials or commercial content on third party social media without prior authorization.
Manufacturing, importing or trading counterfeit products or imitations of our items.

Nothing in this section limits the rights granted by applicable law to the buyer regarding the individual disposition of a lawfully acquired item.

16. Accuracy of site information

We strive to keep site information accurate and up to date. However, typographical errors, omissions or inaccuracies in pricing, availability or product descriptions may occur. Caracas Merch reserves the right to correct any error at any time without prior notice, including cancelling orders placed at an incorrect price. In such cases, the customer will be notified and the amount paid will be refunded to their original payment method.

17. Links to third party sites

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.

18. Indemnification

You agree to indemnify, defend and hold harmless Caracas Merch LLC, its directors, employees and agents, from and against any claim, liability, damage, loss and expense, including reasonable legal fees, arising from or related to: (a) your breach of these Terms; (b) your use of the site or our products; (c) content you post under section 11; or (d) any violation of third party rights.

19. Dispute resolution and arbitration

19.1 Informal resolution first. Before initiating any formal proceeding, the parties agree to attempt to resolve the dispute in good faith. You must send us written notice at info@caracasmerch.com describing the claim and the relief sought. Both parties will have 30 days from receipt of that notice to reach an agreement before resorting to arbitration.

19.2 Binding arbitration. If the dispute is not resolved within that period, any controversy or claim arising out of or relating to these Terms of Service, including their validity, interpretation, breach or termination, will be resolved through binding arbitration administered by the American Arbitration Association (AAA). Where the claimant is a consumer, the arbitration will be governed by the AAA's Consumer Arbitration Rules; in all other cases, by its Commercial Arbitration Rules. The seat of arbitration will be Miami-Dade County, Florida, United States.

To facilitate access, hearings may be held by videoconference or telephone at the customer's request, and claims under $10,000 USD may be resolved solely on the basis of written submissions. Administrative costs and arbitrator fees will be allocated in accordance with the applicable AAA rules. The arbitration award will be final and binding and may be enforced in any court of competent jurisdiction.

19.3 Class action waiver. You agree that any dispute with Caracas Merch will be resolved exclusively on an individual basis and expressly waive your right to participate in class actions, class arbitrations or any other group representative proceeding against Caracas Merch LLC.

19.4 Small claims exception. Either party may bring an individual claim in a competent small claims court, provided the claim remains in that forum and on an individual basis.

19.5 Injunctive relief. Notwithstanding the above, either party may seek injunctive or urgent protective relief from a competent court in respect of intellectual property rights.

19.6 Right to opt out. You may opt out of the arbitration requirement and the class action waiver by sending written notice to info@caracasmerch.com with the subject line "Arbitration opt-out", within 30 days of your first purchase or first use of the site, stating your name, email address and, if applicable, your order number. Opting out will not affect any other provision of these Terms.

19.7 Survival. This section survives the termination of your relationship with Caracas Merch or the closure of your account.

19.8 Consumers outside the United States. If you are a consumer residing in the European Union, the European Economic Area or the United Kingdom, Sections 19.2 and 19.3 do not prevent you from bringing proceedings in the courts of your country of residence or from using the dispute resolution mechanisms guaranteed by the law of your country.

20. Governing law and jurisdiction

These Terms of Service will be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to 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 forum non conveniens.

Nothing in this section deprives a consumer of the protection afforded by the mandatory provisions of the law of their country of habitual residence.

21. Governing language

These Terms of Service are published in Spanish and English. Versions in languages other than English are provided solely for the user's convenience. In the event of conflict, ambiguity or discrepancy in interpretation between versions, the English version will prevail and will be the legally binding version for all purposes.

22. Changes to these terms

Caracas Merch reserves the right to update or modify these Terms of Service at any time. Changes take effect upon publication on the website. The terms applicable to your order will be those in force at the time you completed the purchase. Continued use of the site after any modification implies acceptance of the updated terms. No verbal or email communication from Caracas Merch employees or representatives may modify these Terms.

23. General provisions

Electronic communications. You consent to receiving communications from Caracas Merch electronically, and agree that the agreements, notices, disclosures and other communications we send you electronically satisfy any legal requirement that such communications be in writing.

Severability and waiver. If any provision of these Terms is declared invalid or unenforceable by a competent court, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions will continue in full force and effect. Caracas Merch's failure to exercise any right or provision of these Terms will not constitute a waiver of that right.

Assignment. You may not assign these Terms without our prior written consent; Caracas Merch may assign them freely in the event of a merger, acquisition or sale of assets.

Entire agreement. These Terms, together with the Refund Policy, the Shipping Policy and the Privacy Policy, constitute the entire agreement between you and Caracas Merch LLC regarding use of the site and supersede any prior agreement, representation or understanding, whether verbal or written.

24. Accessibility

Caracas Merch works to make its website accessible to as many people as possible, including those who use assistive technologies. We use the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA as our reference and periodically review our site to identify and fix barriers.

Accessibility is an ongoing process, and some areas of the site, or content provided by third parties, may not yet meet that standard. If you encounter a barrier that prevents you from accessing any part of our site or completing a purchase, email us at info@caracasmerch.com describing the problem, the page and the assistive technology you use. We will respond within a maximum of 2 business days and make reasonable efforts to provide an alternative and fix the barrier.

Questions? Email us at info@caracasmerch.com, we respond within a maximum of 2 business days.