Terms of service
Last updated: October 10, 2026
These Terms of Service (the "Terms") govern your use of merrysend.com and any gifting program, quote or order arranged through it. MerrySend is operated by Businesy LLC d/b/a MerrySend ("MerrySend", "we", "us"), 6 Tower Rd, Broomall, PA 19008, United States. You can reach us at info@merrysend.com.
By requesting a quote, approving a quote, or otherwise using the site, you agree to these Terms. If you are agreeing on behalf of a company, you confirm that you are authorised to bind that company, and "you" means that company.
1. What MerrySend is
MerrySend is a corporate gifting service. We curate, personalise, pack and ship gifts on behalf of businesses for client gifting, employee recognition, onboarding and similar programs.
MerrySend is a business-to-business service. It is not intended for personal or household purchases, and we may decline any request that is not for a business purpose.
2. There is no online checkout
You cannot buy anything directly on this website. Prices shown on the site are indicative and are provided to help you plan a budget. Nothing is produced, shipped or charged until you have received a written quote from us and approved it in writing.
Adding items to a basket, using the quote builder or the program designer, and submitting any form on this site is a request for a quote. It is not an order and it does not create a contract.
3. Minimum order
Our minimum is 15 gifts per program or order. We do not have a maximum; larger volumes are quoted individually.
4. Quotes
We aim to send a written quote within one business day of your request, and within two business days for recognition programs.
A quote sets out the products, quantities, personalisation, delivery arrangement and total price. Unless the quote says otherwise, it is valid for 14 days from the date we issue it, and it is subject to product availability at the time you approve it.
A quote is an offer by us. It does not become binding on either of us until you approve it in writing.
5. How an order is formed
An order is formed when you confirm your acceptance of a quote in writing, by email or by any other method we agree. At that point:
- the quoted price and specification are fixed, subject to sections 6 and 8;
- we begin sourcing, personalisation and packing; and
- we issue an invoice.
6. Availability and substitutions
We source gifts from a network of brands and suppliers. Stock moves, and a product that was available when we quoted may not be available when you approve.
If an item becomes unavailable after you approve a quote, we will contact you and offer a substitute of equal or greater value, or remove the item and adjust the invoice. We will not substitute anything without telling you first.
7. Pricing, taxes, invoicing and payment
All prices are in United States dollars. Quoted prices exclude applicable sales tax, which is shown separately on the invoice where it applies.
Unless your quote states otherwise, invoices are payable net 30 days from the invoice date. We may ask for payment in advance, or for a deposit, on a first order or where the order value is unusually large; if so, that will be stated in the quote before you approve it.
Late payments may accrue interest at 1.5% per month, or the maximum permitted by law if lower, and we may suspend work on other orders for you while an invoice is overdue.
Program & curation fee. A program & curation fee of 15% of the gift value is shown as its own line on every quote, at every order size. It covers sourcing, curation, coordination and account management. We do not charge a platform fee or a per-seat licence fee.
Shipping. Prices shown for curated gift pairs on our budget pages are per recipient and include delivery to each recipient’s address in the United States. All other prices on the site, including individual product pages, exclude shipping, which is quoted with your order for one address or for each recipient.
8. Changes and cancellation
Before you approve a quote, you can change anything at no cost.
After you approve a quote, please tell us as soon as possible if something needs to change. We will do what we can, but once an item has been engraved, printed or otherwise personalised, or once it has shipped, it cannot be changed or cancelled and it is payable in full.
Where we have not yet incurred cost, we will cancel without charge. Where we have, we will invoice you only for what has actually been committed, and we will show you what that is.
9. Engraving, printing and personalisation
Not every product can be engraved or printed. Where personalisation is possible, we confirm the method, the artwork and the cost in the quote.
You are responsible for the accuracy of the text, names, dates, spelling and artwork you give us. We will send a proof for approval where the work is non-trivial. Once you approve a proof, personalised items are made to order and cannot be returned or refunded except where they are defective or do not match the approved proof.
By supplying a logo or other artwork, you grant us a limited, non-exclusive licence to reproduce it solely for the purpose of producing your order, and you confirm that you have the right to grant that licence.
10. Delivery
Delivery arrangements, timings and risk are set out in our Shipping Policy, which forms part of these Terms. Delivery times shown on the site and in quotes are estimates, not guarantees. Some gifts are brought together from more than one supplier before they are packed, which can occasionally add time; where that affects your dates, we tell you in the quote.
You are responsible for the accuracy and completeness of any recipient addresses you provide. Re-shipping costs caused by an incorrect or incomplete address are chargeable.
11. Recognition programs
A recognition program is a standing arrangement rather than a single order. Where you run a program with us:
- the award levels and gift values you agree are held for 12 months from the start of the program;
- we need at least 30 days' notice before each award date so that the gift can be sourced, engraved and shipped in time;
- you send us the roster and tell us about changes as they happen; and
- we invoice quarterly by default, or monthly if you prefer, rather than per shipment.
Either of us can end a program on 30 days' written notice. Awards already approved and in production will be completed and invoiced.
12. Recipient data
To ship gifts we need recipient names and addresses. You confirm that you are entitled to give us that information and that doing so does not breach any agreement or any law that applies to you.
We use recipient data only to fulfil your order and we do not market to your recipients. How we handle personal information is described in our Privacy Policy.
13. Charitable contribution
MerrySend may make charitable donations from its own funds. Any such giving is at our discretion, is not linked to any quote, order or purchase, and is never added to your invoice or taken out of the value of a gift.
14. Acceptable use
You agree not to use the site or our service to send anything unlawful, to misrepresent who you are, to interfere with the site's operation, or to scrape or copy the catalog for a competing service.
15. Warranties and disclaimer
We will provide our services with reasonable care and skill. Products are covered by the manufacturer's warranty where one exists.
Except as expressly set out in these Terms, and to the fullest extent permitted by law, the site and the services are provided "as is" and we disclaim all other warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Product images and descriptions are provided by brands and suppliers, and small variations in colour, finish and packaging can occur.
16. Limitation of liability
To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for loss of profit, revenue, goodwill or anticipated savings, however caused.
To the fullest extent permitted by law, our total aggregate liability arising out of or in connection with an order is limited to the amount you paid us for that order.
Nothing in these Terms limits liability that cannot be limited by law.
17. Indemnity
You will indemnify us against claims, losses and reasonable costs arising from artwork or personalisation content you supply, from recipient data you provide, or from your breach of these Terms.
18. Events outside our control
We are not liable for delay or failure to perform caused by events outside our reasonable control, including supplier failure, carrier disruption, severe weather, industrial action and acts of government. Where such an event occurs we will tell you promptly and agree a revised timeline or, if that is not workable, cancel the affected part of the order and refund or credit anything you have paid for it.
19. Term and termination
These Terms apply for as long as you use the site or have an open order or program with us. We may suspend or end our service to you if you breach these Terms or fail to pay an undisputed invoice.
20. Changes to these Terms
We may update these Terms from time to time. The version that applies to an order is the version in effect on the date you approved the quote for that order. We will post the current version here and update the date at the top.
21. Governing law and disputes
These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules. The state and federal courts located in Delaware County, Pennsylvania have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and each party consents to that jurisdiction.
Before starting proceedings, each party agrees to raise the issue in writing and to allow 30 days for the other to resolve it.
22. General
These Terms, together with the quote you approved and our Shipping, Refund and Privacy policies, are the entire agreement between us on their subject matter. If any provision is held unenforceable, the rest remains in force. A failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent.
Contact
Questions about these Terms can be sent to info@merrysend.com or to Businesy LLC d/b/a MerrySend, 6 Tower Rd, Broomall, PA 19008, United States.