Terms of service
Last updated: March 27, 2025
1. AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Merhoki LLC (“Merhoki,” “we,” “us,” or “our”), concerning your access to and use of our website, mobile application(s), and any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Sites”). By accessing the Sites, you acknowledge that you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Sites from time to time are hereby expressly incorporated by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. If we make changes, we will update the “Last updated” date at the top of this page. By continuing to use the Sites after such changes are posted, you agree to the revised Terms of Use.
The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Individuals who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws.
The Sites are intended for users who are at least 18 years of age. Persons under the age of 18 are not permitted to use or register for the Sites.
2. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Sites and all source code, databases, functionality, software, website designs, text, photographs, and graphics on the Sites (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”), are owned or controlled by us or licensed to us. These materials are protected by copyright, trademark, and various other intellectual property laws and unfair competition laws of the United States and international jurisdictions.
- License Grant: Provided you are eligible to use the Sites, you are granted a limited license to access and use the Sites and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
- Restrictions: No part of the Sites, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, transmitted, distributed, sold, licensed, or otherwise exploited for commercial purposes without our express prior written permission.
We reserve all rights not expressly granted to you in and to the Sites, the Content, and the Marks.
3. USER REPRESENTATIONS
By using the Sites, you represent and warrant that:
- All registration information you submit is true, accurate, current, and complete.
- You will maintain the accuracy of such information and promptly update it as necessary.
- You have the legal capacity and agree to comply with these Terms of Use.
- You are not a minor in the jurisdiction in which you reside.
- You will not access the Sites through automated or non-human means, whether through a bot, script, or otherwise.
- You will not use the Sites for any illegal or unauthorized purpose.
- Your use of the Sites will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account and your access to the Sites.
4. USER REGISTRATION
You may be required to register an account to access certain features of the Sites. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username if we determine that such username is inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Sites. However, we do not guarantee the accuracy of such product displays, and your electronic display may not accurately reflect the actual products. All products are subject to availability; we reserve the right to discontinue products at any time and to change prices without notice.
6. PURCHASES AND PAYMENT
We may accept various forms of payment as indicated on the Sites (e.g., credit cards, PayPal, etc.). You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Sites. You further agree to promptly update your account and payment information so that we can complete your transactions and contact you as needed.
- Sales Tax: Sales tax will be added to the price of purchases as required by law.
- Pricing Errors: We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
- Order Refusal: We reserve the right to refuse any order placed through the Sites. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order.
7. RETURN/REFUND POLICY
Please review our [Refund Policy] posted on the Sites for details on returns and refunds. If you have questions about product returns, please contact us at infohub@merhoki.com.
8. ONE-YEAR WARRANTY
We are committed to providing high-quality, handcrafted eyewear made to last. We’re confident in the quality of our products, which is why we offer a one-year warranty from the date you receive your order for defects or issues resulting from the workmanship of the eyewear.
8.1 Coverage
- Duration: One (1) years from the date you receive your order.
- Scope: Covers defects or issues resulting from the workmanship of the product.
- Remedy: If your warranty submission is approved and the product is in stock, you will receive a replacement of the same item. If the item is discontinued or out of stock, you will be issued a store credit equivalent to the original purchase price.
8.2 Exclusions
This warranty does not cover:
- Lost items
- Normal wear and tear, including scratches, tarnishing, or fading of metals and gemstones
- Damage caused by improper care (e.g., exposure to chemicals, water, or excessive force)
- Any modification to your product done by a third party outside of Merhoki
- Items purchased through a third-party vendor (these may be subject to that vendor’s warranty policy)
- Items received from a promotion or campaign that are specifically excluded from our warranty
8.3 Process
To submit a warranty claim, please email infohub@merhoki.com. By submitting a warranty claim, you acknowledge and agree to the following:
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Return of Impacted Product
You must send the impacted product to us for quality assurance review and testing if your claim is accepted. -
No Refunds or Exchanges
Refunds will not be provided, nor will an exchange be offered for a different item, size, or material. -
Third-Party Services
Using a third-party repair service will void Merhoki’s warranty, and we do not accept warranty claims with post-purchase modifications.
8.4 One Replacement per Customer
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This warranty entitles each customer to one replacement per item under the terms of the warranty.
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No additional replacements will be provided for the same purchase, even if the issue recurs or a new issue arises.
We reserve the right to update or modify this warranty policy at any time without prior notice. Your continued use of our products and services constitutes acceptance of these terms.
9. PROHIBITED ACTIVITIES
You may not access or use the Sites for any purpose other than that for which we make them available. The Sites may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Sites, you agree not to:
- Systematically retrieve data or other Content to create or compile a collection or database without our written permission.
- Make any unauthorized use of the Sites, including collecting usernames and/or email addresses of users for sending unsolicited email.
- Use a buying agent or purchasing agent to make purchases on the Sites.
- Circumvent, disable, or otherwise interfere with security-related features of the Sites.
- Trick, defraud, or mislead us or other users, especially to learn sensitive account information (e.g., passwords).
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system (e.g., using scripts, bots, or similar data mining tools).
- Interfere with, disrupt, or create an undue burden on the Sites or networks connected to the Sites.
- Attempt to impersonate another user or person, or use another user’s username.
- Harass, annoy, intimidate, or threaten any of our employees or agents.
- Upload or transmit viruses, Trojan horses, or other material that interferes with anyone’s uninterrupted use of the Sites.
- Use the Sites in a manner inconsistent with any applicable laws or regulations.
Violations of any of the above may result in immediate termination of your account and legal action.
10. USER GENERATED CONTRIBUTIONS
The Sites may invite you to chat, contribute to, or participate in blogs, message boards, online forums, or other functionality, and may provide you the opportunity to create, submit, post, display, transmit, or distribute content and materials to us or on the Sites (“Contributions”). Contributions may be viewable by other users and through third-party websites. By posting Contributions, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to host, use, copy, reproduce, disclose, sell, publish, broadcast, publicly perform, display, reformat, translate, transmit, and distribute such Contributions for any purpose, without acknowledgment or compensation to you.
You represent and warrant that:
- You own or have the necessary rights to post your Contributions.
- Your Contributions are not unlawful, offensive, or violate any applicable law or regulation.
We reserve the right to remove or re-categorize any Contributions at any time without notice.
11. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Sites or linking your account from the Sites to any social networking accounts, you grant us a non-exclusive, royalty-free, transferable, worldwide right and license to use, reproduce, publicly display, reformat, translate, and distribute such Contributions for any purpose. You retain full ownership of your Contributions, but you agree that we shall not be liable for any statements or representations in such Contributions.
12. GUIDELINES FOR REVIEWS
We may provide areas on the Sites to leave reviews or ratings. When posting a review, you must comply with the following criteria:
- You should have firsthand experience with the person/entity being reviewed.
- Reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.
- Reviews should not contain references to illegal activity.
- You should not be affiliated with competitors if posting negative reviews.
- You may not post false or misleading statements.
- You may not organize a campaign encouraging others to post reviews, whether positive or negative.
We reserve the right to accept, reject, or remove reviews at our sole discretion.
13. SOCIAL MEDIA
You may link your account with online accounts you have with third-party service providers (e.g., social networks). By granting us access to your third-party accounts, you understand that we may access, make available, and store (if applicable) any content that you have provided and stored in your third-party account. You can deactivate the connection between the Sites and your third-party account at any time. Please note that your relationship with the third-party service providers is governed solely by your agreement(s) with them.
14. SUBMISSIONS
Any questions, comments, suggestions, ideas, feedback, or other information regarding the Sites provided by you to us (“Submissions”) are non-confidential and shall become our sole property. We shall own all rights to these Submissions and may use and disseminate them for any lawful purpose without acknowledgment or compensation to you.
15. THIRD-PARTY WEBSITES AND CONTENT
The Sites may contain links to third-party websites and may display content from third parties (“Third-Party Content”). We do not investigate, monitor, or check such websites or content for accuracy or completeness, and we are not responsible for any Third-Party Websites accessed through the Sites or any Third-Party Content. If you leave the Sites and access Third-Party Websites, you do so at your own risk.
16. SITE MANAGEMENT
We reserve the right (but not the obligation) to:
- Monitor the Sites for violations of these Terms of Use.
- Take appropriate legal action against anyone who violates the law or these Terms of Use.
- Refuse or restrict access to or disable your Contributions.
- Remove or disable files and content that are excessive in size or burdensome to our systems.
- Otherwise manage the Sites in a manner designed to protect our rights and property and to facilitate the proper functioning of the Sites.
17. PRIVACY POLICY
We value your privacy and security. Please review our [Privacy Policy], which is incorporated into these Terms of Use. By using the Sites, you agree to abide by our Privacy Policy. The Sites are hosted in the United States, and if you access them from outside the United States, you agree that your data may be transferred to and processed in the United States.
18. COPYRIGHT INFRINGEMENT
If you believe that any content on the Sites infringes upon your copyright, please notify us in writing with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the allegedly infringing material and information sufficient to locate it on the Sites.
- Your contact information (address, telephone number, email).
- A statement that you have a good faith belief that use of the material is not authorized by the copyright owner.
- A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner.
Send your notice to:
19. TERM AND TERMINATION
These Terms of Use remain in full force and effect while you use the Sites. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Sites (including blocking certain IP addresses) for any reason. We may terminate your use or participation in the Sites or delete your account without warning if you breach these Terms of Use or any applicable law.
If we terminate or suspend your account, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
20. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Sites at any time or for any reason at our discretion without notice. We also reserve the right to modify or discontinue all or part of the Sites without notice at any time. We are not liable for any inconvenience or damages resulting from your inability to access or use the Sites.
21. GOVERNING LAW
These Terms of Use and your use of the Sites are governed by and construed in accordance with the laws of the State of California and the United States, without regard to conflict of law principles. You agree to submit to the personal jurisdiction and venue of the courts located in California for any legal proceeding arising out of these Terms of Use.
22. CORRECTIONS
There may be information on the Sites that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Sites at any time, without prior notice.
23. DISCLAIMER
THE SITES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITES AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE SITES’ CONTENT OR THAT THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED.
24. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR PRODUCTS OR SERVICES IN THE SIX (6) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO LIABILITY OR $400 USD, WHICHEVER IS LESS.
25. INDEMNIFICATION
You agree to defend, indemnify, and hold Merhoki LLC (including our subsidiaries, affiliates, officers, agents, partners, and employees) harmless from and against any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of:
- Your use of the Sites;
- Your breach of these Terms of Use;
- Any breach of your representations and warranties set forth herein;
- Your violation of the rights of a third party; or
- Any overt harmful act toward another user of the Sites.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you must indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
26. USER DATA
We will maintain certain data that you transmit to the Sites for the purpose of managing performance of the Sites, as well as data relating to your use of the Sites. Although we perform routine backups of data, you are solely responsible for any data you transmit or that relates to any activity you have undertaken using the Sites. You agree that we shall have no liability to you for any loss or corruption of such data.
27. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Sites, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You consent to the use of electronic signatures and to electronic records of transactions initiated or completed by us or via the Sites.
28. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
29. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Sites constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision herein shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that portion is deemed severable and does not affect the validity and enforceability of any remaining provisions.
30. ACCESSIBILITY
We are committed to making our Sites accessible and user-friendly for everyone. If you are having difficulty viewing or navigating the Sites, or have a suggestion on how to make the Sites more accessible for people with disabilities, please contact us at infohub@merhoki.com or (408) 471-8621.
31. CONTACT US
If you have questions or comments about these Terms of Use, please contact us:
Our contact information is posted below:
Merhoki LLC
infohub@merhoki.com
408-471-8621