General Terms and Conditions
(a) This agreement governs your use of Gear Lotus’s site and service, including all orders made or processed for products or services in connection with the site and service, and the users (customers, artists) which Gear Lotus makes available. You and Gear Lotus, are the parties to this agreement.
Gear Lotus is a service provider that allows artists to upload their original designs to the Platform located at www.gearlotus.com and offer those designs for sale printed on t-shirts, hoodie sweatshirts, sweatshirts, and other apparel.
(b) Gear Lotus may change these terms from time to time. If Gear Lotus makes changes to these terms, you will be notified and asked to accept the new terms as a condition of continuing to use Gear Lotus’s site and service. If you disagree with any amendments, you must stop using Gear Lotus’s site and service.
“Product” refers to any physical or electronic products, including but not necessarily limited to apparel, stickers, promotional materials, and/or anything Gear Lotus decides, in its sole and complete discretion, to have as an option for purchase.
“Price” means the price paid by the customer adjusted by any promotional discounts or coupons, and shall not include shipping or other additional charges.
“Gear Lotus Site,” “Site,” “Gear Lotus Platform,” and “Platform” refers to any website(s) owned or operated by or for Gear Lotus.
“Visitor” refers to any person or user that clicks on a Link to the Gear Lotus Platform or otherwise uses a computer or other electronic device to view the Gear Lotus Platform.
Use of the Site and Service Generally
(a) Gear Lotus owns all intellectual property and other rights, title and interest in and to its site and service (except for user-provided content). Your use of the site and service does not grant you any right, title or interest to these properties, except as follows. Gear Lotus grants you a limited, revocable license to access and use the site and service for its intended purpose: the provision of an online, on-demand, customizable merchandising solution. You may only use the site and service according to Gear Lotus’s terms, rules, and guidelines found on its site, and Gear Lotus may revoke this license and limit your access to the site and service according to Section 15 (Termination of Access).
(b) You may not:
Interfere with the site and service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; modify, copy, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the site and service; use a robot or other automated means to monitor the activity on or copy information or pages from the site and service, except search engines, traffic counters, or similar basic performance monitoring technology;
impersonate another person or entity; use any meta tags, search terms, keywords, or similar tags that contain Gear Lotus’s name or trademarks; engage in any activity that interferes with another user’s ability to use or enjoy the site and service, including activity that places a disproportionate burden on the site and service compared to ordinary use from a single, ordinary user;
assist or encourage any third party in engaging in any activity prohibited by this agreement; or use the site and service to promote hate speech, obscenity, or any content that violates Gear Lotus’s Ethical Guidelines, which Gear Lotus may change from time to time in Gear Lotus’s sole discretion.
(a) By placing an order using Gear Lotus’s site and service, a customer makes a binding offer for a contract of sale or, as the case may be, a contract for work and materials with Gear Lotus only (no contract exists between the customer and any applicable shop owner). Gear Lotus sends an order confirmation via e-mail to the customer. The order confirmation is not an acceptance of the offer, but only acknowledges that the order was received. The offer is only accepted when Gear Lotus confirms that production has completed in a second e-mail. Gear Lotus cannot guarantee the continued availability of any products or designs found on its site.
(b) Information, drawings, figures, technical data, specifications of weight, measurements and services contained in brochures, catalogues, newsletters, ads, or price lists are purely informational. Gear Lotus cannot guarantee the correctness of this information, and if there is any inconsistency between the information described above and the information in an order confirmation email, the order confirmation email controls.
(c) Gear Lotus reserves the right to reject orders for any reason or no reason. If Gear Lotus rejects an order, it will notify the customer.
(d) Gear Lotus’s performance of an order is completed when the shipment provider completes delivery to the customer’s address, according to the records of the shipment provider. If there is an interruption of delivery, and Gear Lotus cannot replace the order in a reasonable amount of time, Gear Lotus will notify the customer immediately.
(e) If there is a product defect or if you are dissatisfied with your order for any reason, Gear Lotus’s return policy will apply, which Gear Lotus may change at any time in its sole discretion.
(a) All prices found on Gear Lotus’s site are final, and may change from time to time. Shipping and handling are billed and shown separately at checkout (or on invoices, if applicable). The shipping address and order amount may affect certain costs, and sales taxes may apply to some orders.
(b) For customers ordering from outside the United States, all product prices are net of local taxes and fees. If, according to applicable law, the goods are subject to sales taxes, import duties, import brokerage fees, or other taxes or fees in the recipient’s country, then the customer has the sole responsibility to pay these taxes and fees.
(c) Customers must pay the purchase price, applicable sales taxes, and shipping and handling charges immediately upon placing an order, without deduction.
(a) Customers may choose to pay by direct debit, credit card, advance payment, or other payment methods. Gear Lotus reserves the right to limit the method of payment chosen by the customer depending on order value, shipment destination, or other objective criteria.
(b) If the customer selects a payment method or provides payment information that makes it impossible or impractical for Gear Lotus to receive payment (for example, the customer’s account lacks sufficient funds, or the customer provided incorrect payment information) through no fault of Gear Lotus’s own, the customer agrees that Gear Lotus may add an additional charge to the order to recoup costs associated with processing or attempting to process the impossible or impractical transaction.
(c) Gear Lotus may sub-contract third parties to process payment.
(d) If the customer fails to pay, Gear Lotus may assign its claims to a debt collection agency and transfer the personal data required for collecting payment to these third parties.
How long does shipping take?
Shipping time varies by location. These are our estimates:
|LOCATION||*ESTIMATED SHIPPING TIME|
|United States||2-4 Weeks|
|Canada, Europe||3-5 Weeks|
|Mexico, Brazil, Africa||1-3 months|
|Australia, New Zealand, Chile, and others||3-8 Weeks|
*This doesn’t include our 2-5 days processing time.
*All Paypal pending need 10 days for verify and process.
*When it’s the high peak of demand for logistics/holiday/festival/disaster/strike/demonstration… it will be slower according to the incidents which we can not control.
Limitation of Liability
(a) You use Gear Lotus’s site and service at your own risk. Gear Lotus provides its site and service without any express or implied warrantie. Gear Lotus is not responsible for the actions, content, information, or data of third parties. You release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against Gear Lotus or any related third parties.
(b) Gear Lotus is not liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or relating to the site and service or any agreement between you and Gear Lotus, even if advised of the possibility of such damages. Gear Lotus’s aggregate liability arising out of or in connection with the site and service or any agreement between you and Gear Lotus may not exceed the lesser $100 or the amount of cash actually exchanged between you and Gear Lotus within the past six months. Applicable law may not allow the limitation or exclusion of liability described in this Section. In such cases, Gear Lotus’s liability will be limited to the fullest extent permitted by applicable law.
User Representations and Warranties; Gear Lotus’s Right to Refuse Performance
If you upload designs or make changes to products in any way (for example, adding custom text), you represent and warrant to Gear Lotus that you have all necessary rights (for example, in trademark, copyright, privacy rights, publicity rights, common law, etc.) to use the text or design without violating the rights of any third party. Gear Lotus may, in its sole discretion, refuse to print any designs or text that you submit. However, Gear Lotus is not obligated to review any of your submissions.
You represent and warrant than any design you upload is an original work created and wholly owned by you, or that you are uploading the design on behalf of and in cooperation with the owner of the design, or that you have acquired the proper licensing rights to use a design for reproduction, display, and distribution from the owner of said design and you acknowledge that neither Gear Lotus nor any other party involved with the production of any product incorporating or using a design you upload assumes the responsibility for obtaining such licensing, and that Gear Lotus’s production of any product depicting a design you upload does not indicate that Gear Lotus approves of the design, that the design conforms with any applicable laws, or that you are absolved of any liability or harm arising from your uploading and/or use of the design.
You represent and warrant that the design does not infringe on any rights of third parties, including copyrights, trademarks, service marks, trade secrets, patents, moral rights, rights of publicity, or other intellectual property rights, and that the design does not contain any scandalous, libelous, defamatory, or other unlawful content.
You represent and warrant that there are no outstanding disputes in connection with the property rights, intellectual property rights, or other rights in a design or any parts of a design you upload to the Gear Lotus platform.
You understand that Gear Lotus will cooperate with intellectual property rights holders and law enforcement in the event of legal proceedings or an investigation related to your account and/or related to any design you upload to the Gear Lotus platform. You further understand that Gear Lotus will comply a lawfully issued subpoena to provide user information and such other information including sales data and you hereby release Gear Lotus, its representatives, attorneys, agents, and/or assigns from any and all liability for the release of such information. Furthermore, Gear Lotus may withhold any and all payments due to the person uploading the infringing design (regardless of whether those funds are related to the sale of the infringing design or otherwise) and you hereby release Gear Lotus, its representatives, attorneys, agents, or assigns from any and all liability for permanently withholding.
You understand that Gear Lotus has adopted a “repeat infringer” policy wherein an account will be terminated and banned from using, or even accessing, the Gear Lotus platform. If an account is terminated pursuant to the repeat infringer policy, any and all monies due and owing to the account holder at the time of the designation may be withheld and you hereby release Gear Lotus, its representatives, attorneys, agents, or assigns from any and all liability for permanently withholding.
You hereby represent and warrant to Gear Lotus that this agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery, and performance by you of this agreement is within your legal capacity and power, has been duly authorized by all requisite action on user’s part, requires the approval or consent of no other persons, and neither violates nor constitutes a default under the (a) provision of any law, rule, regulation, order, judgement, or decree to which user is subject or which is binding upon you, or (b) the terms of any other agreements, document, or instrument applicable to user or binding upon user; and that the actions to be taken by you under this agreement neither infringe nor violate any patent, copyright, trade secret, trademark, or other intellectual or proprietary right of any third party.
(a) The formation, construction, and performance of this agreement (and all other agreements incorporating this agreement by reference) must be construed in accordance with the laws of the United States and Delaware without regard to their choice of law rules. The parties agree that any dispute arising out of or relating to this agreement must be submitted to confidential binding arbitration in Delaware, except that Gear Lotus may seek injunctive or other appropriate relief in any state or federal court in Delaware if you have violated or threatened to violate the intellectual property rights of Gear Lotus or a third party, or any term of any agreement you have with Gear Lotus. The parties agree that:
the arbitration will be provided by an alternative dispute resolution provider mutually agreed upon by the parties, and if the parties cannot agree, then through the American Arbitration Association;
claims must be conducted on an individual basis, and not in a class, consolidated, or representative action; and
any judgment on the award rendered by the arbitrator is final, binding, and may be entered in any court of competent jurisdiction.
(b) If any action or claim is filed in contravention of the arbitration rules provided in paragraph 13(a), the parties agree to personal jurisdiction and venue in the state and federal courts of Delaware and both waive the right to a jury trial. All claims filed or brought contrary to paragraph 13(a) are improperly filed, and the non-filing party is entitled to recover all attorneys fees and costs relating to dismissal of the improperly filed claim incurred after the non-filing party has given notice in writing of the improperly filed claim.
Digital Millennium Copyright Act
Gear Lotus will respond to legitimate requests under the Digital Millennium Copyright Act (“DMCA”), and retains the right to deny service to any user if in Gear Lotus’s sole discretion, the usage or content poses a risk of allegations of infringement of the copyright (or other intellectual property right) of others.
Termination of Access
(a) Gear Lotus may refuse to provide its site and service to you, in full or in part, effective immediately and without notice, for any reason or no reason, but especially if Gear Lotus believes that you (or any others whom Gear Lotus believes that you act in concert with) have violated or will violate any laws, rights, or term (or the spirit of any term) of any agreement you are a party to with Gear Lotus, its affiliates, contractual partners, or users; or if Gear Lotus believes in its sole discretion that your use of the site and service may create any risk (including any legal risk) for Gear Lotus, its affiliates, contractual partners, or users. Limitation of access may include removal or modification of content that you have uploaded or otherwise sent to or through the site and service.
(b) If Gear Lotus exercises its rights under Section 15(a), or if you delete your account, this entire agreement and any other agreements you have entered into with Gear Lotus will survive indefinitely until otherwise terminated according to their terms, if applicable.