TERMS OF CONDITIONS
Effective date: January 19th, 2018
Welcome to Gearment.com("Site"), the place to purchase Gearment.com (each item, a "Product").
The following terms and conditions ("Terms") will apply to any purchases of Products you make on the Site.
TERMS AND CONDITIONS OF THE BILL PAYMENT SERVICE
“Service” means the Bill Payment Service offered by Gearment store.
“Agreement” means these Terms and Conditions of the bill payment service.
“Payment Instruction” is the information provided by you to the Service for a bill payment to be made to the customer (such as but not limited to, customer name, customer account number, and Scheduled Payment Date).
“Payment Account” is the checking account from which bill payments will be debited.
“Billing Account” is the checking account from which all Service fees will be automatically debited.
“Business Day” is every Monday through Friday, excluding Federal Reserve holidays.
THE SERVICE GUARANTEE
Due to circumstances beyond the control of the Gearment store service, particularly delays in handling and posting payments by the customer or financial institutions, some transactions may take longer to be credited to your account. The Service will bear responsibility for any late payment related charges up to $50.00 should a payment post after its Due Date as long as the payment was scheduled in accordance with the guidelines described under “Payment Scheduling” in this Agreement.
PAYMENT AUTHORIZATION AND PAYMENT REMITTANCE
By providing the Gearment store service with names and account information of customers to whom you wish to direct payments, you authorize the Service to follow the Payment Instructions that it receives through the payment system. In order to process payments more efficiently and effectively, the Service may edit or alter payment data or data formats in accordance with customer directives.
When the Service receives a Payment Instruction, you authorize the Service to debit your Payment Account and remit funds on your behalf so that the funds arrive as close as reasonably possible to the Scheduled Payment Date designated by you. You also authorize the Service to credit your Payment Account for payments returned to the Service by the United States Postal Service or customer, or payments remitted to you on behalf of another authorized user of the Service.
The Service will use its best efforts to make all your payments properly. However, the Service shall incur no liability and any Service Guarantee shall be void if the Service is unable to complete any payments initiated by you because of the existence of any one or more of the following circumstances:
- If through no fault of the Service, your Payment Account does not contain sufficient funds to complete the transaction or the transaction would exceed the credit limit of your overdraft account;
- The payment processing center is not working and you know or have been advised by the Service about the malfunction before you execute the transaction;
- You have not provided the Service with the correct Payment Account information, or the correct name, address, phone number, or account information for the customer; and/or,
- Circumstances beyond the control of the Service (such as but not limited to, fire, flood, or interference from an outside force) prevent the proper execution of the transaction and the Service has taken reasonable precautions to avoid those circumstances.
Provided none of the foregoing exceptions are applicable, if the Service causes an incorrect amount of funds to be removed from your Payment Account or causes funds from your Payment Account to be directed to a customer which does not comply with your Payment Instructions, the Service shall be responsible for returning the improperly transferred funds to your Payment Account, and for directing to the proper customer any previously misdirected transactions, and, if applicable, for any late payment related charges.
The Service reserves the right to select the method in which to remit funds on your behalf to your customer. These payment methods may include, but may not be limited to, an electronic payment, an electronic check payment, or a laser draft payment.
We work hard to ensure that our Products are printed on quality materials and are shipped on time and accurately. We accept exchanges ONLY for the following reasons:
- The product itself is flawed.
- The quality of the printing is poor.
- The final product is materially different from the Product presented on the Site.
If you would like to exchange a Product for any of these reasons, please email us at [email protected] within ten days of the date of delivery. Please include photographic evidence of the Product issue in your email. We will not accept any exchanges unless you contact us within ten days of the date of delivery. All requests for exchanges are subject to Gearment.com discretion.
THIRD-PARTY SERVICE PROVIDERS:
Please note that we use a third-party service provider, GEARMENT Inc. for certain services, including payment processing and customer service, relating to our Products and Site.
PAYMENT CANCELLATION REQUESTS
You may cancel or edit any Scheduled Payment (including recurring payments) by following the directions within the application. There is no charge for canceling or editing a Scheduled Payment. Once the Service has begun processing a payment it cannot be canceled or edited, therefore a stop payment request must be submitted.
STOP PAYMENT REQUESTS
The Service’s ability to process a stop payment request will depend on the payment method and whether or not a check has cleared. The Service may also not have a reasonable opportunity to act on any stop payment request after a payment has been processed. If you desire to stop any payment that has already been processed, you must contact our Customer Service. Although the Service will make every effort to accommodate your request, the Service will have no liability for failing to do so. The Service may also require you to present your request in writing within fourteen (14) days. The charge for each stop payment request will be the current charge for such service as set out in the applicable fee schedule.
Payment to customers outside of the United States or its territories are prohibited through the Gearment store service.
Tax payments and court-ordered payments may be scheduled through the Service, however, such payments are discouraged and must be scheduled at your own risk. In no event shall the Service be liable for any claims or damages resulting from your scheduling of these types of payments. The Service Guarantee as it applies to any late payment related charges is void when these types of payments are scheduled and/or processed by the Service. The Service has no obligation to research or resolve any claim resulting from an exception payment. All research and resolution for any misapplied, mis-posted or misdirected payments will be the sole responsibility of you and not of the Service.
BILL DELIVERY AND PRESENTMENT
This feature is for the presentment of electronic bills only and it is your sole responsibility to contact your customer directly if you do not receive your statements. In addition, if you elect to activate one of the Service’s electronic bill options, you also agree to the following:
Information provided to the customer – The Service is unable to update or change your personal information such as, but not limited to, name, address, phone numbers, and e-mail addresses, with the electronic customer. Any changes will need to be made by contacting the customer directly. Additionally, it is your responsibility to maintain all usernames and passwords for all electronic customer sites. You also agree not to use someone else’s information to gain unauthorized access to another person’s bill.
Activation – Upon activation of the electronic bill feature the Service may notify the customer of your request to receive electronic billing information. The presentment of your first electronic bill may vary from customer to customer and may take up to sixty (30) days, depending on the billing cycle of each customer. Additionally, the ability to receive a paper copy of your statement(s) is at the sole discretion of the customer. While your electronic bill feature is being activated it is your responsibility to keep your accounts current. Each electronic customer reserves the right to accept or deny your request to receive electronic bills.
Notification – The Service will use its best efforts to present all of your electronic bills promptly. In addition to notification within the Service, the Service may send an e-mail notification to the e-mail address listed for your account. It is your sole responsibility to ensure that this information is accurate. In the event you do not receive a notification, it is your responsibility to periodically logon to the Service and check on the delivery of new electronic bills. The time for notification may vary from customer to customer. You are responsible for ensuring timely payment of all bills.
Cancellation of electronic bill notification – The electronic customer reserves the right to cancel the presentment of electronic bills at any time. You may cancel the electronic bill presentment at any time. The timeframe for cancellation of your electronic bill presentment may vary from customer to customer. It may take up to sixty (30) days, depending on the billing cycle of each customer. The Service will notify your electronic customer(s) as to the change in the status of your account and it is your sole responsibility to make arrangements for an alternative form of bill delivery. The Service will not be responsible for presenting any electronic bills that are already in process at the time of cancellation.
Non-Delivery of electronic bill(s) – You agree to hold the Service harmless should the customer fail to deliver your statement(s). You are responsible for ensuring timely payment of all bills. Copies of previously delivered bills must be requested from the customer directly.
Accuracy and dispute of electronic bill – The Service is not responsible for the accuracy of your electronic bill(s). The Service is only responsible for presenting the information we receive from the customer. Any discrepancies or disputes regarding the accuracy of your electronic bill summary or detail must be addressed with the customer directly.
This Agreement does not alter your liability or obligations that currently exist between you and your customer.
DISCLAIMER OF WARRANTIES
THE SERVICES, INCLUDING THE PRODUCTS, ARE PROVIDED ON AN "AS-IS" BASIS. Gearment.com (AND ITS AGENTS, AFFILIATES, LICENSORS, AND SUPPLIERS) HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL Gearment.com (OR ITS LICENSORS, AGENTS, PARTNERS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO COMPANY IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (III) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU
ERRORS AND QUESTIONS
In case of errors or questions about your transactions, you should as soon as possible notify us via one of the following:
Contact us by using the application’s e-messaging feature.
Write to us at:
Email: [email protected]
If you think your statement is incorrect or you need more information about a Service transaction listed on the statement, we must hear from you no later than sixty (30) days after the FIRST statement was sent to you on which the problem or error appears. You must:
- Tell us your name and Service account number;
- Describe the error or the transaction in question, and explain as clearly as possible why you believe it is an error or why you need more information; and,
- Tell us the dollar amount of the suspected error.
DISCLOSURE OF ACCOUNT INFORMATION TO THIRD PARTIES
It is our general policy to treat your account information as confidential. However, we will disclose information to third parties about your account or the transactions you make ONLY in the following situations:
- Where it is necessary for completing transactions;
- Where it is necessary for activating additional services;
- In order to verify the existence and condition of your account to a third party, such as a credit bureau or customer;
- To a consumer reporting agency for research purposes only;
- In order to comply with a governmental agency or court orders; or,
- If you give us your written permission.
FAILED OR RETURNED TRANSACTIONS
In using the Service, you are requesting the Service to make payments for you from your Payment Account. If we are unable to complete the transaction for any reason associated with your Payment Account (for example, there are insufficient funds in your Payment Account to cover the transaction), the transaction will not be completed. In some instances, you will receive a return notice from the Service. In such case, you agree that:
- You will reimburse the Service immediately upon demand the transaction amount that has been returned to the Service;
- For any amount not reimbursed to the Service within fifteen (15) days of the initial notification, a late charge equal to 1.5% monthly interest or the legal maximum, whichever rate is lower, for any unpaid amounts may be imposed;
- You will reimburse the Service for any fees imposed by your financial institution as a result of the return;
- You will reimburse the Service for any fees it incurs in attempting to collect the amount of the return from you; and,
- The Service is authorized to report the facts concerning the return to any credit reporting agency.
ALTERATIONS AND AMENDMENTS
This Agreement, applicable fees and service charges may be altered or amended by the Service from time to time. In such event, the Service shall provide notice to you. Any use of the Service after the Service provides you a notice of change will constitute your agreement to such change(s). Further, the Service may, from time to time, revise or update the applications, services, and/or related material, which may render all such prior versions obsolete. Consequently, the Service reserves the right to terminate this Agreement as to all such prior versions of the applications, services, and/or related material and limit access to only the Service’s more recent revisions and updates.
SERVICE TERMINATION, CANCELLATION, OR SUSPENSION
In the event you wish to cancel the Service, you may have the ability to do so through the product, or you may contact customer service via one of the following:
Write to us at:
Email: [email protected]
Any payment(s) the Service has already processed before the requested cancellation date will be completed by the Service. All Scheduled Payments including recurring payments will not be processed once the Service is canceled. The Service may terminate or suspend Service to you at any time. Neither termination nor suspension shall affect your liability or obligations under this Agreement.
In using the Service, you understand that customer and/or the United States Postal Service may return payments to the Service for various reasons such as, but not limited to, customer forwarding address expired; customer account number is not valid; customer is unable to locate account; or customer account is paid in full. The Service will use its best efforts to research and correct the returned payment and return it to your customer or void the payment and credit your Payment Account. You may receive notification from the Service.
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. The parties expressly agree that the federal and state courts located in, respectively, San Francisco County, California or the Northern District of California are the most reasonable and convenient forums for resolution of any disputes arising from or relating to the subject matter of these Terms, and thus designate those courts as the exclusive forums in which all such disputes shall be litigated. Accordingly, the parties consent to the jurisdiction and venue of, and service of process by, said courts.
In the event of a dispute regarding the Service, you and the Service agree to resolve the dispute by looking to this Agreement. You agree that this Agreement is the complete and exclusive statement of the agreement between you and the Service which supersedes any proposal or prior agreement, oral or written, and any other communications between you and the Service relating to the subject matter of this Agreement. If there is a conflict between what an employee of the Service or Customer Service Department says and the terms of this Agreement, the terms of this Agreement will prevail. For dispute resolution, please follow our copyright dispute policy.