Effective Date: Sep 1st, 2020
This Buyer Agreement (the “Agreement”) describes the terms and conditions on which Wescover (“Wescover,” “we” or “us”) offers you access to purchase creator works (“Items”) on wescover.com and all its related sites, services, applications, and tools (each and together, the “Site”) or in any other way via Wescover. Any person or business entity which subscribes to purchase Items on the Site or via Wescover (a “Buyer” or “you”) must accept all of the terms and conditions contained in this Agreement. This Agreement incorporates and supplements Wescover’s general Terms of Use. Your use of the Site means that you agree to the terms of this Agreement. If you do not agree to the terms of this Agreement, you may not buy Items on the Site.
1. The Wescover Site The Site provides a venue for creators (“Creators”) to sell Items to Buyers. The sale is made directly between the Creator and the Buyer and the role of Wescover is limited to making the Site available and maintaining the Site.
•Let’s be clear about our relationship. We don’t represent you or the Creator for any purpose. Wescover is not responsible for any negligence, misconduct or other inappropriate or un-businesslike behavior by a Buyer or Creator in connection with any sale transaction entered into on or through the Site. Wescover is not responsible for the actual sale of Items and does not control the information provided by Creators or Buyers nor their acts or omissions. We are not responsible for the transfer of legal ownership of Items from a Creator to a Buyer. Wescover is independent from the Creator and from the Buyer and no agency, partnership, joint venture, employee-employer or franchiser-franchisee or fiduciary relationship is intended or created by the operation of this Site by Wescover.
•The sale is between Creator and Buyer. By using the Site, Buyers select and purchase goods marketed by Creators, solely of their own initiative, placing orders via the Site or as otherwise directed. You acknowledge that Wescover has no control over the ultimate price Items are sold at or any sales terms ultimately entered into between you and a Creator. Wescover receives payment from the Creators in order for the Creators to participate in the Site. As a Buyer, you are responsible for the payment of the Total Payment Price and/or Deposit to the Creator for the Item, including any sales tax, VAT or import/export duties, and arranging with the Creator for the shipping of the Items purchased to you.
•We host and maintain the Site. We have sole control over the look, feel, content, operations and evolution of the Site, and may modify the Site and any content in our sole discretion.
•Handling disputes. We may, but don’t need to, provide intermediary services between the Buyer and Creator in connection with customer service or dispute resolution matters. If we choose to provide intermediary services, then our decision is final and binding on all parties.
2. Communicating with Creators As a Buyer, you may request a quote to purchase, customize, or commission Items from Creators via the functionality of the Site (each, a “Request”). When you submit a Request, your Request is only an offer to pay the designated price for the Creator’s Item, and your request does not guarantee that you will receive the Creator’s Item, or any customizations or commissions, at the price indicated in your Request. Wescover provides no endorsement, certification, or guarantee about any Creator or user of the Site, including of the Creator or user’s identity, background, skillset, or whether the Creator or user is trustworthy, safe, or suitable. You should always exercise due diligence and care when you transact with Creators or submit Requests. By purchasing an Item from or submitting a Request to a Creator, you agree to and are bound by the Creator’s policies and terms of sale, including without limitation any policies relating to the shipping, refund, and return of Items.
3. Payments When you purchase a Creator’s Item or have a Creator fulfill your Request via the Site (a “Transaction”), you agree to pay the agreed purchase price (the “Total Payment Price”) and any additional charges or applicable taxes, and you expressly authorize us (or our third-party payment processor) to charge you for the Transaction. We may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All fees and applicable taxes, if any, are payable in United States dollars.
4. Deposits In certain instances, such as for Requests, you may be required to provide a non-refundable deposit amount that is a percentage of the Total Payment Price (a “Deposit”). The Deposit will be paid by you upon the Creator’s acceptance of your Request, and the Deposit will be held by the Creator and shall be credited towards the Total Payment Price.
5. Refunds and Cancellations If for any reason, you want to cancel a Transaction or receive a refund on your Item, you may send a message regarding your request directly to the Creator or via the functionality of the Site, as applicable. Your Transaction will not be cancelled until you receive confirmation of the cancellation from the Creator or otherwise through the Site. If for any reason, you are not satisfied with the Item you have received and you want to return the Item, such returns will be governed by the Creator’s return policy. You agree to address this issue with the Creator directly. Wescover does not process any returns or refunds.
Except as expressly set forth in any Creator policies and subject to applicable law (including without limitation the EU Consumer Rights Directive (2011/83/EU)), WHEN YOU MAKE A PURCHASE, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR PAYMENT AT ANY TIME. But, if something unexpected happens in the course of completing a Transaction, we may cancel your Transaction for any reason; if we cancel your Transaction, we’ll refund any payment you have already remitted to us for such Transaction.
6. Changes to this Agreement We may update this Agreement from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes on the Site and/or sending you an email or message about the changes. Changes will be effective upon the posting of the changes unless otherwise specified. Your use of the Site following the changes constitutes your acceptance of the updated Agreement.
7. Refusal of Transaction Wescover reserves the right to withdraw any Item from the Site or to amend any content on the Site at any time in its sole discretion. Wescover may refuse to provide services to anyone at any time in its sole discretion. Wescover will not be liable to any Buyer because it has withdrawn any Item from the Site, amended any of the content or denied access to the Site or Wescover services.
8. Buyer Code of Conduct
By using the Site, you agree to:
i. Treat all Creators and Wescover employees or representatives with respect and without discrimination;
ii. Promptly respond to other users of the Site that reach out to you, including without limitation Creators you have worked with in the past that offer custom services you may be interested in;
iii. Not engage in illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive behavior or conduct, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
iv. Not submit bids for Items you do not intend to purchase;
v. Provide accurate contact information and keep contact information up to date;
vi. Not to send SPAM. Creator information provided to a Buyer may only be used to negotiate with a Creator and/or process a transaction and cannot be used for marketing purposes without that Creator’s prior written consent; and
vii.Purchase Items or make any Requests independent of the Site, to circumvent any fees or for any other reason.
9. Reporting We understand that not every interaction with a Creator will result in an immediate purchase, and purchases may occur in a variety of mediums between the Buyer and Creator. A “Wescover Lead” means any interaction between a Creator and a potential Buyer generated from or through Wescover, including but not limited to, initiated through a Wescover platform feature, or an inquiry or order placed through a Wescover Site or otherwise. This definition includes a Creator with whom you have interacted previously but has now contacted you through Wescover, or a Buyer and Creator that have completed a transaction in-person or over the phone but originated from Wescover. A “Wescover Lead Item” means any item referenced in a Wescover Lead and includes any alternative items substituted for such item and all additional items included in the transaction.
We ask that you, in good faith, report Wescover Leads and Wescover Lead Items that potentially started on Wescover but continued off the Site, or off-site transactions where you directly transact with the Seller but discover the Creator or the Item through Wescover. We understand that not everything is easy to track, and we trust you in good faith to report back on Wescover Lead Items.
10. Warranty DisclaimerWESCOVER MAKES NO WARRANTY AS TO THE CONDUCT OF CREATORS OR OTHER USERS OF THE SITE AND ASSUMES NO RESPONSIBILITY FOR ANY CREATOR OR A USER, INCLUDING ANY CREATOR’S OR USER’S COMPLIANCE WITH ANY APPLICABLE LAWS AND REGULATIONS. WESCOVER EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER, CREATOR, OR OTHER THIRD PARTY. WESCOVER DISCLAIMS ALL LIABILITY RELATING TO ANY ITEMS PROVIDED BY OR FOR ANY CREATOR.
We do not manufacture or control any of the Items offered for sale by Creators on the Site or fulfill any Requests. The availability of Items through the Site does not indicate an affiliation with or endorsement of any Item or Creator. Accordingly, we do not provide any warranties with respect to the Items. For warranty information, please refer to any information provided with such Item by the Creator.
11. Suspension; Termination Wescover expressly reserves the right to terminate the use of, or to refuse to permit the use of, the Site by any person or entity, for any reason or no reason at all, and without prior notice
12. Don’t Use Our Site to Break the Law You agree that you will not violate any laws in connection with your use of the Site. This includes any local, state, federal, and international laws that may apply to you. For example, you may not sell anything that violates any laws; you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Wescover, Buyer, another Wescover user, or a third party.
13. General We do not guarantee continuous, uninterrupted or secure access to our Site, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by Wescover. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.