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Terms of Service
Thank you for using HereComesBitcoin! Before using or accessing our platform, please read this Terms of Service (the “Terms of Service”) carefully. This document is a legally binding contract between HereComesBitcoin and you, the User (as defined below), for the use of the applications, software, products and services provided by HereComesBitcoin (collectively, the “Service”) and as such, we have tried to make it as clear as possible. In addition to the full legal terms and text, we have provided short non-binding summaries with each clause. These summaries do not aim to replace or misrepresent the full text.
A. Definitions
Summary: These terms are used throughout this Terms of Service and it’s important that you understand what we are referring to when we use them.
Terms not defined in this section shall have the meaning provided elsewhere in the Terms of Service.
- “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service,”) and all other operating rules, policies, including HereComesBitcoin Privacy Policy, and procedures that we may publish from time to time on the Website including but not limited to Shipping, Payments, and Returns.
- “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service.
- “Consumer Packaged Goods” refers to Products that customers use up and replace on a regular or frequent basis offered on our Website including, but not limited to cosmetics, coffee, and supplements.
- “Customers” refers to individuals or entities that purchase Your Products through a Sales Channel.
- “Orders” refer to Your Products once they have been purchased by You or Your customers.
- “Produced Orders” refer to Orders that have been completed and shipped.
- “Products,” refers to all products offered by different Providers on our Website including, but not limited to clothing, accessories, home decor, kitchenware, footwear, and stationary, cosmetics and other Consumer Packaged Goods.
- “Providers,” refers to the organizations and companies, including its third-party contract manufacturers, that HereComesBitcoin partners within the scope of its Service to offer Products to You.
- “Sales Channels,” or “Stores” refer to the other websites and platforms that You use to sell Your Products, including but not limited to Shopify, Woocommerce, Ebay, or Etsy.
- “Us” and/or “We” and/or “HereComesBitcoin” refers to HereComesBitcoin, Inc., as well as our affiliated legal entities, subsidiaries (including, but not limited to, HereComesBitcoin Development SIA), directors, contractors, licensors, officers, agents, and employees. HereComesBitcoin reserves the right to and may provide Services to you through various HereComesBitcoin legal entities depending on multiple factors, such as, but not limited to Print Provider’s location, your location, region in which the transaction takes place and others.
- “User,” “You,” “Your” refers to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
- “User Products” refers to Products created by Users adding Content using the Service. “Your Mockups” are visual representations of Users’ Products created through the Service.
- “User-Generated Content” is Content, written or otherwise that is created or uploaded by our Users.
- “Website” refers to HereComesBitcoin’s website located at herecomesbitcoin.store, and all content, services and products provided by HereComesBitcoin through the Website. It also includes HereComesBitcoin-owned subdomains of herecomesbitcoin.store and all subdomains of herecomesbitcoin.store domain.
- “Your Content” is Content that you create or own; provided, however, that “Your Content” may not, under any circumstances, constitute ingredients or physical additions to any Products which are Consumer Packaged Goods.
- “Branding Element” refers to an element printed on demand and added to the Order, such as, a customized card, packaging or other.
- “Illicit Activity” shall mean any intentional act or omission, including, but not limited to, deception, misrepresentation, or concealment of material facts, committed by a party with the purpose of obtaining an unjust advantage, causing harm or loss to another party, or securing money, property, services, or other benefits, or otherwise contrary to applicable laws and regulations. Illicit Activity may encompass various acts or omissions, such as: (a) defrauding others of money or services, which involves, but is not limited to, obtaining money or services through false pretenses, manipulation, or false promises; (b) forgery, which includes, but is not limited to, creating, altering, or using false documents, signatures, stolen or forged payment instruments or other items with the intent to deceive or defraud; (c) fraudulent misrepresentation, which includes, but is not limited to, making false statements or omitting material facts, knowing it to be false or misleading, with the intent to induce another party to rely on such statements or omissions to their detriment; (d) engaging in, facilitating or permitting any activity, directly or indirectly, that involves money laundering, proliferation or terrorism financing, circumvention of any sanctions applicable under national or international sanction regimes. (e) any other acts or practices that are considered unlawful under applicable laws and regulations.
- “HereComesBitcoin Pop-Up” refers to HereComesBitcoin service, which allows You to publish User Products on a dedicated section of HereComesBitcoin e-commerce store that is hosted by HereComesBitcoin.
- “HereComesBitcoin Branding” refers to HereComesBitcoin Service enabling You to send a customized Branding Element to the Customer.
- “Your Pop-Up Store” refers to the section dedicated to you in the e-commerce store hosted by HereComesBitcoin that you create by using HereComesBitcoin Pop-Up Service.
B. General
- When You use Our Services and Content, You are agreeing to:
- Our Terms of Service
- Our Privacy Policy
- Our Intellectual Property Policy
- Any other terms or policies we reference below.
- Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Agreement constitutes the entire understanding between HereComesBitcoin and You pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between HereComesBitcoin and You in relation to the access to and use of the Service.
- If any provision of these Terms of Service are held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
Questions about the Terms of Service? Contact us.
C. When do these terms apply?
Summary: By using HereComesBitcoin, you are agreeing to all the terms below.
By using the Service, You acknowledge that You accept and agree to be bound by these Terms of Service. If You do not agree to these Terms of Service, You may not access the Service, and if You are already registered, cancel Your account.
D. Can these terms be modified?
Summary: We can change these Terms of Service, and if the changes are big, we’ll let you know.
HereComesBitcoin reserves the right to revise the Terms of Service from time to time and the most current version will always be posted on our Website. If a revision, in our sole discretion, is material we will notify You. The “Last Updated” date at the top of the Terms of Service reflects the date of the last modification. Your use of the Service following the effective date of any modifications to the Terms of Service will constitute your acceptance of such modification. If You do not agree to the new Terms of Service, You should stop using the Service and cancel Your account.
E. What is the scope of HereComesBitcoin’s Services?
Summary: HereComesBitcoin is an online platform that allows you to create and connect your store to sell products with your content by working with various Print on Demand Providers from around the world. You focus on creating and selling, we handle the rest.
HereComesBitcoin is an online marketplace for print on demand dropshipping. We partner with various Providers to offer You Products that You can customize with Your Content and sell to Customers. We also maintain and create integrations with different Sales Channels so that Your Products can be easily published to your Stores. When Your Products are purchased by Customers through a Sales Channel, We are notified and We start working with Providers who will print and deliver Your Products to the Customers.
Summary: HereComesBitcoin is only a platform, we neither sell products nor do any printing ourselves.
As the provider of the Service, HereComesBitcoin does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Products or do any printing. Providers alone are responsible for their Products, the quality of the print and delivery of Your Product. If you have an issue with the Product, please see Section J below.
Summary: Using HereComesBitcoin does not make you an employee of HereComesBitcoin.
If You choose to use the Service to sell Your Products, Your relationship to HereComesBitcoin is limited to being that of a client and not an employee, agent, joint venturer, or partner of HereComesBitcoin for any reason. You act exclusively on your own behalf and for your own benefit, and not on behalf or for the benefit, of HereComesBitcoin.
Summary: HereComesBitcoin is not responsible for your choice of Print Provider and the final product. We expect you to do all of your own homework on who best to work with.
While We facilitate the resolution of disputes and provide necessary guidelines for the creation of Your Products, HereComesBitcoin has no control over and does not guarantee the final quality of Your Product. Nor do we make any promises that Your Product will look like Your Mockup. Print Providers differ in their printing technology, product offerings, and operations. Users are expected to do their own due diligence in selecting the most suitable Provider for creating Users’ Products.
Summary: HereComesBitcoin will often link to and suggest other helpful services and sites that will help you successfully run your online shop. These are not our services and are not endorsements by us of their quality. Exercise your own judgement.
HereComesBitcoin may give You access to link to various external resources or third-party services (“Third Party Sites”). HereComesBitcoin does not endorse any of these Third Party Sites and does not control them in any manner. These Third Party Sites may be governed by their own terms of service and policies. HereComesBitcoin is not liable or responsible for the accuracy of such services or their content, or products, and You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such Third Party Site.
Summary: We don’t guarantee that our website will be online 100% of the time. Due to the nature of product development and the Internet, our website may have periodic downtimes.
Due to the nature of the Internet, HereComesBitcoin cannot guarantee uninterrupted access and availability of the HereComesBitcoin Service. We reserve the right to restrict the availability of our Service or certain features if necessary in view of capacity limits or the integrity of our servers. We also reserve the right to restrict access when performing maintenance measures to ensure the proper working and functioning of the HereComesBitcoin Service. HereComesBitcoin can improve or modify its Service and may introduce new offerings from time to time.
F. Who can access HereComesBitcoin and use the Service?
Summary: You have to be at least 18 years old to use our service and if you are signing up on behalf of someone else, you are acknowledging that you have the right to do so. Certain features of our platform may have additional terms other than those here.
- You must be at least 18 years old and able to access and use the Service or to create a HereComesBitcoin account. By accessing and using our Service, you represent and warrant that you are 18 years of age or older and have the legal capacity and authority to enter into a contract.
- If you open an account on behalf of a company, organization, or other entity, then “You” includes you and that entity, and You represent and warrant that You are authorized to grant all permissions and licenses provided in this Terms of Service and bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity’s behalf.
- The access to or use of certain areas and features of the Service may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms of Service and the terms and conditions applicable to a specific area or feature of the HereComesBitcoin Service, the more specific terms and conditions will apply, unless specified otherwise.
- To use our Service, You have to register an account. Details on how to do so are provided in the next section.
- You understand and agree that You are responsible for paying any and all applicable taxes that may be due as a result of your use of the Service.
G. What are the rules for creating and maintaining an account?
Summary: We have certain requirements that you must abide by when you create an account with Us.
- To create a HereComesBitcoin Account You may be required to provide HereComesBitcoin with certain personal information, which may include your full legal name, current address, phone number, email address, and payment information. This information will be held and used in accordance with HereComesBitcoin’s Privacy Policy. You agree that You will supply accurate and complete information to HereComesBitcoin, and that You will update that information promptly after it changes. You further agree that:
- You shall not create an account or access the Service if You are under the age of 18;
- You shall not have more than one account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself or your entity, which has provided you authorization to create the account on behalf of it;
- You shall not have an account or use the Service if You have been previously removed by the Company;
- We may reject your registration or cancel an existing registration for any reason at our sole discretion.
- We will use the email address you provide as the primary method of communication.
- Any harassment or insult towards HereComesBitcoin employees may result in immediate account termination.
- You are solely responsible for keeping your account credentials secure and you may not disclose your credentials to any third party. You must immediately notify HereComesBitcoin if you have any reason to suspect that your credentials have been compromised, lost or stolen or in the case of any actual or suspected unauthorized use of your HereComesBitcoin Account. You are solely responsible for any and all activities performed through your HereComesBitcoin account. HereComesBitcoin will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, you shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorized use of your account or breach of your account information or password.
- HereComesBitcoin expressly disclaims any and all liability arising from revocation, cancellation, or suspension of your account for any reason. Your account and registration will terminate immediately upon your breach of any of the terms herein. You may terminate your account and participation as a registered user at any time from your Account Settings > Personal Data > Delete my data. Before proceeding with deleting your account, make sure that you have disconnected your store from the respective sales channels, unsubscribed from the business plan and removed your registered credit card. Deleting your account is irreversible and you will not be able to access the data afterwards. Nonetheless, you will still be responsible for any and all pending orders and charges.
- You represent and warrant that you shall not conduct any Illicit Activity against HereComesBitcoin or any third party, including when using HereComesBitcoin Service or in your sales process to your own customers. HereComesBitcoin is at all times entitled to request any documents, information, or other materials reasonably necessary, including “Know Your Client” documentation, as well as conduct an interview to verify and ensure compliance of HereComesBitcoin Terms. HereComesBitcoin is at all times entitled at its sole discretion to suspend the provision of HereComesBitcoin Service entirely or in part, as well as withhold any sums payable by HereComesBitcoin to You if it reasonably believes that you have committed an Illicit Activity or otherwise breached the HereComesBitcoin Terms.
H. What are your rights to content on HereComesBitcoin?
Summary: All content you upload is owned by you. If we are notified or if we believe that the content is not yours, or if the content doesn’t meet our standards, we will remove it at our discretion. By uploading content to HereComesBitcoin, you allow us to use your content for things like marketing and education of HereComesBitcoin users.
- HereComesBitcoin grants You a limited, revocable, non-exclusive, non-transferable license to access and use the Service for Your own individual use subject to the other terms of this Terms of Service. All rights, title, and interest in and to the Service not expressly granted herein are reserved by the Company.
- HereComesBitcoin allows You to upload and post Content to our Website. Anything that You request to be printed, embroidered, or otherwise and/or reflected on the Products via the Services remains Your Content. You retain all rights in, other than the rights expressly granted to HereComesBitcoin below and any that you may grant to your Customers, and are solely responsible for Your Content.
- You can only post Content that is either Yours, or for which you have written authorization from the Content owner. You represent and warrant that any Content you post is owned by You or that You have authorization from the Content owner to post it. You will provide HereComesBitcoin with evidence of Your Intellectual Property Rights shall it be requested by HereComesBitcoin. By posting Content, You accept these terms as well. If You believe that someone has improperly used Your copyrights or trademarks, please report it to us using the contact form.
- By using the HereComesBitcoin Service, You grant HereComesBitcoin a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform and distribute Your Content solely for the purpose of operating, developing, and promoting the HereComesBitcoin Service.
- As a condition of use of the Service, You agree not to use the Service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service and you represent and warrant that you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes in connection with your use of the Services (including the provision of Your Content), purchase of Products, and marketing, sale, and support of Customers who purchase Your Products. You represent and warrant that
- You shall not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.
- You shall not modify, reverse engineer, decompile or disassemble the Service
- You shall not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of HereComesBitcoin.
- You shall not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under these Terms of Service.
- You shall not circumvent or disable any technological features or measures in the services that are designed for protection of intellectual property rights.
- You shall not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
- You shall not use or access the Service to compile data in a manner that is used or usable by a competitive product or service.
- You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone.
- You shall not use your Account to engage in any illegal conduct.
- You shall monitor your Account to restrict use by minors, and You will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account and You are responsible for any use of your credit card or other payment instrument by minors.
- You shall not use the Service to order and resell blank Products without customizing them with your artwork.
- You shall not make any representations or warranties concerning the Products beyond what is permitted or expressly authorized by the Provider of such Products.
- Any such forbidden use shall immediately terminate Your license to the Service.
- HereComesBitcoin may use its discretion to remove Your Content from our Service, at any time, with or without prior notice to you, if it violates any of our Terms of Service or policies or is reported to be infringing on intellectual property rights of others. HereComesBitcoin is not obligated to monitor or police Your Content. In addition to intellectual property concerns, Content that contains any of the below is prohibited and may also lead to termination of Your account.
- Child Exploitation: You may not post or upload Content that exploits or abuses children, including but not limited to images or depictions of child abuse or sexual abuse, or that presents children in a sexual manner.
- Harassment, Bullying, Defamation and Threats: You may not post or upload Content that harasses, bullies, defames or threatens a specific individual.
- Hateful Content: You may not post or upload Content that condones or promotes violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition or veteran status, promotes crimes and/or terrorism.
- Illegal Content: You may not post or upload Content that is obscene or that facilitates or promotes activities that go against the laws of the jurisdictions in which you operate or do business.
- Intellectual Property: You may not post or upload Content that infringes on the copyright or trademarks of others.
- Personal and Confidential Information: You may not post or upload any Content that contains personally identifiable information sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
- Self-Harm: You may not post or upload Content that promotes self-harm.
- Terrorist Organizations: You may not post or upload Content that implies or promotes support or funding of, or membership in, a terrorist organization.
- When You use the Service, HereComesBitcoin reserves the right to view, monitor, and record activity without notice or further permission from You, to the fullest extent permitted by applicable law, although we have no obligation to do so. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity involving use of the Service.
Due to the nature of the Internet, HereComesBitcoin cannot guarantee uninterrupted access and availability of the HereComesBitcoin Service. We reserve the right to restrict the availability of our Service or certain features if necessary in view of capacity limits or the integrity of our servers. We also reserve the right to restrict access when performing maintenance measures to ensure the proper working and functioning of the HereComesBitcoin Service. HereComesBitcoin can improve or modify its Service and may introduce new offerings from time to time.
I. How do payments work on HereComesBitcoin?
Summary: HereComesBitcoin will only charge you fees if you subscribe to a HereComesBitcoin Premium Plan. No products are produced or shipped unless payment for those products has first been received via credit/debit, or from an existing HereComesBitcoin balance. Users have the option to change settings for when and how often they are charged. You cannot withdraw “sales credits”.
- Unless Users subscribe to the HereComesBitcoin Premium Plan, there are no fees or charges for the platform itself.
- To order samples of Your Products or to fulfill any Customer Orders, You must pay for the Order in advance. The price You pay will be the price of the Product plus shipping and taxes (if applicable). These prices can be found in the HereComesBitcoin Catalog and on our Shipping Rates page. Orders will not be processed until payment has been received by HereComesBitcoin.
- HereComesBitcoin cannot pull funds that you may have available in any Sales Channel. In order to process payments on HereComesBitcoin, You need to either have funds on your HereComesBitcoin balance or have your HereComesBitcoin account connected with an accepted method of payment. By default, HereComesBitcoin will charge funds for Orders from an existing HereComesBitcoin balance first, and if there is a remaining balance due then HereComesBitcoin will charge the funds via the method of payment connected to your HereComesBitcoin account.
- HereComesBitcoin may issue gift cards (coupo) that can be used as virtual money for paying for manual orders. You may use coupons only for a single order. Multiple coupons cannot be combined. Each coupon’s value is divided according to the total line items in the order. It cannot be converted to cash or withdrawn.
- If you have an issue with your order, contact HereComesBitcoin before disputing your claim with your credit card company. If you have filed a dispute with your credit card company, we will not be able to issue you a refund as well, and we cannot make any refunds or replacements until the dispute is resolved or cancelled. If there are Order issues and after an investigation HereComesBitcoin offers you a refund, this will be provided in the form of a HereComesBitcoin credit and will appear in your HereComesBitcoin balance.
- Once a user withdraws funds from HereComesBitcoin Balance it will be sent to the same payment source where it initially came from, whether it is a credit/debit card, PayPal or another payment method allowed under these Terms of Service. For example, if a top-up is made via PayPal, withdrawal can only be made to the same PayPal account. In case the initial payment was made with a card, the HereComesBitcoin balance withdrawal will take place in the form of a credit/debit card full or partial refund.
- Users are responsible for paying any necessary sales tax on their transactions. Because of the nature of dropshipping businesses, taxes differ depending on who produces or sells the Product, and where it is delivered. HereComesBitcoin recommends that You consult with an outside tax accountant.
- European Union (EU) regulations require HereComesBitcoin to collect Value Added Tax (“VAT”) on all orders produced and shipped within the EU. Users with businesses registered with the EU may apply for a VAT Exemption if the Users have a valid VAT number. If you qualify for a VAT exemption, contact HereComesBitcoin Support with your VAT number and business details and we will apply the exemption in our system.
- HereComesBitcoin reserves the right to and may process and receive payments from you, as well as issue invoices to you from various HereComesBitcoin legal entities depending on multiple factors, such as, but not limited to Print Provider’s location, your location, region in which the transaction takes place and others.
J. How does HereComesBitcoin handle order related issues?
Summary: If you have an issue with your Order, contact HereComesBitcoin Support directly within 30 days of the product delivery and provide a detailed description of your issue, accompanied by relevant photo or video evidence that supports your case. After investigation, we will determine if you are eligible to receive a free of charge Reprint or Refund. Some issues do not qualify for reprinting, such as the issues outlined below.
- HereComesBitcoin does not hold any inventory and does not perform any of the development or manufacturing of any of the Products or handle printing itself. Other than issues caused by technical error, we are not responsible for the quality and outcome of Produced Orders. The quality of the production is dependent on the selected product’s Provider. Each Provider has their own tools and procedures and Users are expected to perform their own research when selecting a Provider, as well as submitting Content that satisfies the provided swtandards of print quality requirements. However, if your order has issues, steps for resolution are outlined below.
- HereComesBitcoin’s Support team handles all conflict resolution on behalf of our Providers. Users agree to contact HereComesBitcoin Support for all conflict resolution. If the Produced Order does not meet User or Customer expectations, Users must first contact HereComesBitcoin Support within 30 days of product delivery and will not contact the Print Providers. In order to best resolve the matter, the User should provide all relevant materials for HereComesBitcoin to investigate the issue, including a description of the Produced Order, the issue, and quantity of Products affected. If a User contacts the Provider directly, the User risks account suspension at HereComesBitcoin’s sole discretion
- Products are unique and produced to the Order, therefore, they are non-refundable. By submitting an Order to production either manually or via an automatic setting, you acknowledge that the Order execution or Order contents (products, shipping method, delivery and return addresses) cannot be further modified. If the shipment details are incorrect, or if the Customer Ordered the wrong size or color, HereComesBitcoin can not be held responsible. The Customer is responsible for relaying the correct information.
You may submit requests for change of certain Order details, including address change or delivery method change. Our Support team will evaluate the request and at its discretion will let you know whether it is possible to accommodate your request and/or whether your request carries any additional costs.
After an Order is placed HereComesBitcoin cannot guarantee that it will be possible to issue a full or partial Refund in case of canceled Orders. Upon receiving a cancellation request, HereComesBitcoin will determine whether your cancellation is eligible for a full or partial Refund depending on the stage of the fulfillment of the Order. - Orders for products with recently updated artwork go through a HereComesBitcoin Quality Control process that checks for low-resolution imagery or any other design related issues. If an issue is discovered, HereComesBitcoin will send Customers an email explaining the issue and any possible product quality repercussions. If You choose to proceed with the order, or if HereComesBitcoin does not receive a response within 7 days of the email notification, the order will be submitted and You will not be eligible for any replacements or refunds for this order. Orders that don’t meet other criteria of HereComesBitcoin’s Terms of Service or Intellectual Property Policy will be cancelled, and charges refunded.
- The Production times listed on the Website are estimated average times and are in no way guaranteed. If Your Order seems to be taking an unusually long time to be produced or delivered, please contact HereComesBitcoin’s Support team. If the Produced Order is lost during Shipment, HereComesBitcoin will investigate and may provide replacements when appropriate.
- After investigating your issue, if HereComesBitcoin’s Support team determines that your product is faulty, the Order or line items will be replaced or refunded at the discretion of HereComesBitcoin. Refunds will be issued in the form of credit to Your HereComesBitcoin balance.
- HereComesBitcoin does not provide Refunds for Orders still in transit, unless they are deemed lost by our Support team.
- The Customer is responsible for ensuring that the specified delivery address for each and every Order is valid and accurate. If a delivery of an Order is incomplete due to an invalid or incorrect address, the Customer can either request a reshipment or cancellation of the order. Costs associated with reshipment of the Order and/or cancellation shall be borne by the Customer.
- If an order has not been delivered in 30 calendar days (for domestic or regional EU orders) or in 45 calendar days (for international orders), Customer should contact HereComesBitcoin Support within 1 week in order to be eligible for a reprint/refund.
- If tracking of an Order states that it has been delivered, yet the Customer reports it as not received, HereComesBitcoin reserves the rights to refuse a free of charge Reprint or a Refund. Such cases will be individually investigated by the Support team.
- An Order can be delayed due to delays from shipping carriers. HereComesBitcoin cannot guarantee precise delivery dates on shipping, as it is dependent on the shipping carriers. Consequently, HereComesBitcoin assumes no liability associated with delay and does not offer any Reprints and/or Refunds caused by shipping delays, unless our Support team determines that the package was lost in-transit.
- HereComesBitcoin reserves the right to refuse a request for Refund or Reprint, if the reasons for the complaint are due to the following: issues in the artwork file, placement, limitations of the product, bleed areas and not following the design guidelines and/or any other reason not eligible for a Refund or Reprint. Such requests will be dealt on a case-by-case basis.
K. Embroidery
Summary: Embroidery is not like other print on demand methods and to avoid issues and complications, you must follow our embroidery guide closely.
- Images that do not meet guidelines, may be edited by our Print Partners during the digitization process to become eligible for embroidery. The final embroidered image may differ from your submitted artwork. In these situations, you are not eligible for replacements or refunds for those items.
- All images submitted for embroidery for the first time will have a 24-48 hour digitization period. If there are multiple items in that order, the whole order will be delayed.
M. Limitation of liability
Summary: We are not responsible for any losses you incur as a result of using our Service, your purchase and use of Products, or your marketing or sale of Your Products to Customers. We are not responsible if you break the law or breach this agreement and are sued as a result. Please read this section carefully; it limits our obligation and responsibilities to you.
- Limitation of Liability. YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HERECOMESBITCOIN, ITS OFFICER, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISES, OR PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, EQUITY OR ANY OTHER LEGAL THEORY, OR FOR DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF THE FEES PAID AND PAYABLE BY YOU TO HERECOMESBITCOIN OR 100 BITCOIN (WHICHEVER IS MORE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) THE USE OF OR INABILITY TO USE THIS SERVICE, (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING PROVIDERS, (d) ANY OTHER MATTER RELATED TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- You agree to indemnify and hold HereComesBitcoin and, its parent, subsidiaries, affiliates, partners, and Providers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms of Service, including your representations and warranties herein, (b) your negligence or intentional acts or omissions hereunder; or (c) your violation of any law or the rights of a third party.
- Warranty Disclaimers.
- HereComesBitcoin controls and operates the Service from various locations and makes no representation that the Service is appropriate or available for use in all locations. Services may not be available in Your location or may vary across locations. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. HERECOMESBITCOIN, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HERECOMESBITCOIN OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- YOU ACKNOWLEDGE AND AGREE THAT HERECOMESBITCOIN IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD HERECOMESBITCOIN LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING PROVIDERS OR OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES OR THEIR PRODUCTS RESTS ENTIRELY WITH YOU.
- UNLESS YOU HAVE ADDED HERECOMESBITCOIN CONNECT TO YOUR HERECOMESBITCOIN PREMIUM SUBSCRIPTION, YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH CUSTOMERS. COMPANY MAKES NO WARRANTY THAT PRODUCTS PROVIDED BY PROVIDERS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HERECOMESBITCOIN MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION PROVIDED BY A PROVIDER.
N. What if I have legal issues with HereComesBitcoin?
Summary: If you have legal issues with HereComesBitcoin, you agree to talk to us first, and if we can’t resolve the situation together, we will follow professional procedures for arbitration. If the issue isn’t arbitrable, all legal issues will be handled in the State of Delaware.
- If a dispute arises from or relates to these Terms of Service, You agree to first contact HereComesBitcoin Support to attempt to resolve the issue. If the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to the Terms of Service shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- To the extent any claim, dispute or controversy regarding HereComesBitcoin or our Service isn’t arbitrable under applicable laws or otherwise, You and HereComesBitcoin both agree that any claim or dispute regarding HereComesBitcoin will be resolved exclusively in accordance with Clause N.3 of these Terms of Service.
- These Terms of Service shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the United States District Court for the District of Delaware, for any actions not subject to Arbitration as outlined in Clause N.1 herein.
- Further, to the fullest extent permitted by law, You and HereComesBitcoin agree that no class or collective actions can be asserted in arbitration, court or otherwise. All claims, whether in arbitration, court or otherwise, must be brought solely in Your or HereComesBitcoin individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding.
Q. HereComesBitcoin Pop-Up Store
1. This Section is applicable to HereComesBitcoin Pop-Up Store Service and shall apply in addition to other Sections of these Terms of Service. In case of discrepancy between any of the terms specified herein and other sections of these Terms of Service, this Section shall prevail.
2. You may opt to use HereComesBitcoin Pop-Up Store Service in order to create Your Pop-Up Store. Your Pop-Up Store shall be accessible through a dedicated link created for Your Pop-Up Store once you create and publish Your Pop-Up Store.
3. HereComesBitcoin will act as the seller for the Products. The determination of price, availability, accessibility, distribution, and sales terms for the Products rests solely with HereComesBitcoin. We are authorized to handle payments, managing refund inquiries, and customer support. All sales, data associated with such sales, including customer data, shall be in our sole ownership and control.
4. For the purpose of implementing and fulfilling Your listing and for the purpose of advertising the HereComesBitcoin Pop-Up, You hereby grant Prinitfy a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under Your Intellectual Property Rights to copy, display, distribute, modify the content You upload to HereComesBitcoin (including all related images, text, content and information).
5. Each listing must meet reasonable production standards. All of Your advertisements or promotional descriptions, including content that is uploaded to the HereComesBitcoin Pop-Up, must be accurate and correct and must not include any content concerning non-HereComesBitcoin activities, events, products, services or promotions.
6. For orders placed by the Customers, You will receive a royalty payment, which shall be calculated on the basis of the difference between the sale price and applied costs, which include production costs, returns (including reprints and refunds), any applicable tax, HereComesBitcoin markup and any other applicable costs (“Royalty”). You will be responsible for setting your Royalty that will be included in the final price that will be charged to the End-Users for each Product. Shipping costs and applicable taxes shall be applied on top of the final price. The Royalty payment shall be due in the next calendar month following the sale (day determined at sole discretion of HereComesBitcoin), provided that it shall be due only for sales for which we have received final payment from the Customers (when the payment is in our account). Royalty payment shall not become due in relation to sales, which have been refunded, disputed or otherwise do not result in gross profit for HereComesBitcoin or where HereComesBitcoin acting reasonably considers that the sale may be subject to a refund, dispute or otherwise not result in gross profit for HereComesBitcoin.
7. HereComesBitcoin may charge a sales tax on top of Your listing price shall it be required under the applicable law. HereComesBitcoin shall deduct the applicable taxes from any sums payable to You by HereComesBitcoin. You are solely and fully responsible for payment of any additional income or other taxes applicable in your jurisdiction to the income You earn through the HereComesBitcoin Pop-Up. You are fully responsible to be aware of and to exercise any rights under any tax treaties existing between Your jurisdiction and United States and/or any other HereComesBitcoin jurisdiction, if applicable. You may be required to provide additional information to HereComesBitcoin as needed by HereComesBitcoin to comply with its reporting obligations and HereComesBitcoin shall be entitled to withhold payment until such information is provided.