TERMS OF SERVICE

TERMS OF SERVICE
Last updated: October 23, 2026

OVERVIEW

This website is operated by The Merchant. Throughout the site, the terms "we," "us" and "our" refer to The Merchant. The Merchant offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools that are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Online orders and payments are processed through Square and are also subject to Square's terms and policies.

SECTION 2 - PERISHABLE ITEMS POLICY

All perishable items, including but not limited to pies, breads, pastries, burritos, drinks, cheeses, and other food products not explicitly listed, are non-refundable unless there is a clear and evident issue, such as spoilage or damage. Any issues must be reported to hello@themerchantlb.com with photos within 24 hours of pickup or delivery. Claims reported after 24 hours will not be accepted.

Please note that while the photos displayed on our website represent our products, the actual items may vary in appearance due to the handmade nature of our goods.

Pickup Terms (Online Orders and Pre-Orders):

These terms apply to all online orders for pickup, including pre-orders.

It is the customer's responsibility to inspect all items at the time of pickup to ensure satisfaction.

Orders must be picked up on the date and within the pickup window selected during checkout, and within our hours of operation.

Customers are encouraged to confirm our hours of operation by calling us at (562) 317-5155 or emailing hello@themerchantlb.com.

Drinks and Timing:

Drinks are made fresh for your selected pickup window. Iced drinks melt and hot drinks cool, so please be on time. Drinks not picked up within your selected window will not be remade or refunded.

Unclaimed Orders:

Any order not picked up on the designated date and during your selected pickup window will not be eligible for a refund.

Because our food and drinks are perishable, unclaimed items cannot be held. For food safety reasons, unclaimed items will be discarded after a few hours.

This policy applies to prepared food, drinks, and coffee (whole bean or ground). It does not apply to apparel, accessories, or other non-perishable items.

SECTION 3 - APPAREL AND ACCESSORIES REFUND & EXCHANGE POLICY

We do not accept refunds for apparel and accessories unless the product is damaged. Any claims of damage must be supported with photographic evidence and submitted to us at hello@themerchantlb.com for review.

Shipping for Exchanges:

If an exchange is required and involves shipping, the buyer is responsible for all shipping costs, including the cost of returning the item to us and the cost of shipping the replacement item.

We must receive the returned product before processing any replacement or exchange.

In-Person Exchanges:

Exchanges for size or style can be made in person, provided the requested size or style is available in stock.

No refunds will be issued for in-person exchanges.

By purchasing apparel or accessories, you agree to these terms. For any questions or concerns, please contact us at hello@themerchantlb.com.

SECTION 4 - CATERING, SPECIAL ORDERS, AND PRE-ORDERS

All catering and special orders require at least 48 hours advance notice.

Payment in full is required before we can move forward with any catering or special order. Your order is not confirmed and will not be scheduled with our team until your invoice is paid in full. Unpaid invoices are not considered placed orders.

Delivery within Long Beach is $25. Delivery outside Long Beach is available by inquiry only.

Someone must be present at the delivery location to receive the order at the scheduled time. If no one is available to receive the delivery, the order will not be refunded. If redelivery is possible, a redelivery fee will apply.

To place a catering order, email hello@themerchantlb.com.

Cancellations:

Cancellations are handled case by case, depending on the item and how much prep time it takes. Some products, like our croissants, are started days in advance and cannot be canceled once production has begun. Other items may be canceled with at least 24 hours notice.

To cancel or ask whether your order can still be canceled, email hello@themerchantlb.com or call us at (562) 317-5155 as soon as possible. Whether a cancellation is accepted, and whether any refund or credit is given, is at our discretion.

SECTION 5 - ALLERGEN NOTICE

Our kitchen handles common allergens, including nuts, dairy, eggs, soy, wheat, gluten, and animal products. While we do our best to accommodate dietary needs, we cannot guarantee that any item is free of allergens or that cross-contact will not occur. If you have a food allergy, please ask our staff before ordering. By purchasing our products, you accept this risk.

SECTION 6 - GIFT CARDS

Gift cards, including electronic gift cards, do not expire.

Please treat your gift card like cash. We are not able to replace lost, stolen, or damaged gift cards.

SECTION 7 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any lawful reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any content on the website through which the service is provided, without express written permission by us. This includes our photos, logo, illustrations, and menu designs.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 8 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 9 - MENU PRICES, MODIFICATIONS, AND PRICING ERRORS

Menu prices shown on our website may not always be accurate. We do our best to keep them up to date, but for the most current prices, please call our store at (562) 317-5155.

Prices for our products are subject to change without notice.

If a product is listed at an incorrect price, we reserve the right to cancel the order and issue a refund.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 10 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to Sections 2 and 3 of these Terms.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 11 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 12 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement.

We shall have no liability arising from or relating to your use of optional third-party tools.

SECTION 13 - DISCLAIMER OF WARRANTIES

Our website and services are provided "as is" and "as available." To the fullest extent permitted by law, we make no warranties of any kind, express or implied, about the website, its content, or its availability. We do not guarantee that the website will be uninterrupted, secure, or error-free.

SECTION 14 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, The Merchant, its owners, employees, and affiliates will not be liable for any indirect, incidental, special, or consequential damages arising from your use of our website, products, or services. In any case, our total liability for any claim related to a purchase will not exceed the amount you paid for that purchase.

Nothing in these Terms limits liability that cannot be limited under California law.

SECTION 15 - INDEMNIFICATION

You agree to indemnify and hold harmless The Merchant, its owners, employees, and affiliates from any claims, damages, or expenses, including reasonable attorneys' fees, arising from your violation of these Terms or your misuse of our website or products.

SECTION 16 - SEVERABILITY

If any part of these Terms is found to be unlawful, void, or unenforceable, that part will be enforced to the fullest extent permitted by law, and the rest of these Terms will remain in full effect.

SECTION 17 - GOVERNING LAW

These Terms are governed by the laws of the State of California. Any disputes will be handled in the courts of Los Angeles County, California.

SECTION 18 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@themerchantlb.com or by calling (562) 317-5155.

If you have trouble using any part of our website, please contact us and we'll help.