We-Produce.co Terms of Service
WeProduce.co is a print on demand fulfillment company for businesses who want to outsource the printing component of their business. WeProduce.co white-label prints and dropships directly to customers of participating businesses.
WE-PRODUCE.CO ACCOUNTS: In order to access some features of the We-Produce.co Website, User must create a We-Produce.co account. User is not authorized to use another person’s account without their express written permission. When creating a We-Produce.co account, User must provide accurate and complete information. User is solely responsible for all activity that occurs on User’s account, and must keep User’s account password secure. If User becomes aware of any breach of security or unauthorized use of User’s account, User is required to notify We-Produce.co immediately. Although We-Produce.co will not be liable for User’s losses caused by any unauthorized use of User’s account, User may be liable for the losses of We-Produce.co or others due to such unauthorized use.
ORDERING/PRINT ON DEMAND SERVICE
ORDER CHANGES / CANCELLATIONS: Orders can be updated when in status as NEW. Once the orders have gone into PROCESSING they cannot be edited or canceled without a written request. Because all product blanks are ordered custom daily, canceling an order that is processing may still result in fees for either blank products or for the full printed products. Canceled orders that have not been shipped whether printed or not cannot be stored or saved for future orders. Canceling an order in your e-Commerce cart does NOT cancel the order in We-Produce.co. Once an order goes into processing we can NOT guarantee that it can be canceled and do not guarantee refunds.
RETURNS AND EXCHANGES: We-Produce.co will review replacement/return requests for the following issues: faulty product such as a hole in a product, a print error by We-Produce.co relating to quality or incorrect image if it is We-Produce.co’s fault if notified within 7 days of the garment being received by the client. When notifying *WeProduce of a faulty garment, a photograph of the issue will need to be provided for review. Garment must be returned in unworn condition. We-Produce.co is not responsible for incorrectly provided addresses that result in lost or misdirected packages. If packages are returned to us for any reason and need to be reshipped there the seller must the cost of the re-shipment. Size exchanges or general returns/exchanges are not the responsibility of We-Produce.co and sellers must resubmit and pay for this type of order.
PROCESSING / DELIVERY TIMELINE: We-Produce.co does not guarantee specific processing or shipment times.
FULFILLMENT DELIVERIES: We-Produce.co is not responsible for 3rd party delivery delays, lost packages, or damage due to delivery partner. We-Produce.co will provide a tracking number when available but it is up to the seller to track down or contact local postal service to track any lost or delayed packages. Lost packages are the responsibility of the User.
PAYMENT OF GOODS: All orders must be paid prior to Production of Order. To pay for orders, USERS must set up automatic billing via Credit Card.
BILLING TERMS: By submitting my credit card, I authorize Your Best Friend LLC Dba *WeProduce to charge the indicated credit card for associated services provided by *WeProduce, including, order production, subscriptions, additional services, and if necessary, adjustments for any changes to my account. I agree that the periodic charges will applied to my credit card according to my *WeProduce account billing cycle, and a 3% processing fee will be applied. In order to cancel the recurring billing process, I am required to contact Your Best Friend LLC one (1) month in advance to either cancel the associated *WeProduce account, or arrange for an alternative method of payment. I understand that Your Best Friend LLC will not mail me any invoices or bills. I agree that if I have any problems or questions regarding my account or any services provided by Your Best Friend LLC, I will contact Your Best Friend LLC for assistance using the contact information on their website at www.we-produce.co. I also agree that I will not dispute any charges with my credit card company without first making a good faith effort to remedy the situation directly with Your Best Friend LLC. I guarantee and warrant that I am the legal card holder for this credit card and that I am legally authorized to enter into this and all future recurring credit card billing agreements with Your Best Friend LLC.
NET TERMS: Terms are extended to clients who process a minimum of 500 shirts per month. In this case payment is due COD Credit Card, at the close of business every Friday, billed Automatically. Client must request for terms via email.
NON PAYMENT: In the case of Non Payment by the client, *WeProduce reserves the right to suspend production until full payment is received. If Payment is not received *WeProduce reserves the right to make up the non payment by selling product with client’s designs.
ORDERS: Orders will be submitted to *WeProduce by The Client in the agreed upon formats outlined in Quick Guides, Manually via the Site or via Automated service.
PRINT PRICE BREAKS: Price breaks on printing upon achieving minimum order quantities. At 100 pcs per day; or monthly equivalent.
SUBSCRIPTION FEE: The *WeProduce “automated service” is free as long as a minimum of 150 shirts a month is met. If The Client production falls under the monthly minimum, a subscription fee.
OUTSTANDING PAYMENTS: Any outstanding payments owed *WeProduce by The Client must be settled up COD Credit Card upon receipt of Final Invoice.
ARTWORK: All artwork submitted to *WeProduce by The Client MUST be in the formats stipulated in the Artwork Manual included in the Quick Guides.
IMAGE QUALITY: The User is required to provide high quality, print ready, sized art for the product it will be printed on. Guidelines for images are available from Seller Account guidelines. *WeProduce is not responsible for low quality images or incorrectly sized images. User provided mockups are used by our print team as a general guide for placement but the final product may differ based on the user provided art or the restrictions of the printing process.
PRODUCTS: All products posted on the Client’s website MUST meet the *WeProduce product naming convention outlined in the “Welcome Package.” To facilitate on demand production.ctions of a specific product. *WeProduce does not alter print images to match mockup files.
SUBSTITUTIONS: In the event that wholesale manufacturers are out of a certain style or size, *WeProduce reserves the right to substitute similar garments of equal or lesser value in order to fulfill orders in a timely fashion.
TAXES: If User does not provide a valid California resellers permit, We-Produce.co is required to collect sales tax on all orders shipped to California. User further agrees that User is solely responsible to collect, report, and remit all taxes to the correct tax authority (whether inside or outside the State of California) for all business transactions, sales or revenue stemming from any content submitted to We-Produce.co. User further agrees that We-Produce.co is not obligated to determine whether a sales tax applies and is not responsible to collect, report, or remit any tax information arising from any transaction.
USER’S SUBMISSIONS AND OWNERSHIP: As a We-Produce.co account holder, User may be permitted to submit and upload various content, including pictures, graphics, as well as T-shirt designs (all, collectively, “User Submissions”). All User Submissions are subject to these Terms of Service, the We-Produce.co Upload Rules.
User is solely responsible for all content submitted to the We-Produce.co Website, including photographs, videos, textual content, drawings, designs, and other works, whether submitted as a T-shirt design or for any other purpose. User affirms, represents and warrants that User owns or has the necessary licenses, rights, consents and permissions to use and authorize We-Produce.co to use all patents, trademarks, trade secrets, copyrights, or other proprietary rights in and to any and all User Submissions, to enable inclusion and use of the User Submission in all manners contemplated by the We-Produce.co Website and these Terms of Service. User will retain all ownership rights in a User Submission, however, by submitting a User Submission to We-Produce.co, User grants to We-Produce.co a worldwide, non-exclusive, royalty-free license to print the design on products on behalf of the User.
User agrees that User will not submit material that is copyrighted, protected by trade secret, or otherwise subject to third party proprietary rights, including the rights of privacy and publicity, unless User is the owner of such rights or has permission from the rightful owner to post the material and to grant the licenses granted herein. User agrees that We-Produce.co has the right to refuse to accept, to limit access to, to remove, and/or to refuse to publish any User Submission which We-Produce.co considers to be amoral, scandalous, offensive, or in bad taste. All determinations as to whether a User Submission is amoral, scandalous, offensive, or in bad taste or that We-Produce.co deems to be in violation of any intellectual property right of any third party. All determinations as to whether a User Submission is amoral, scandalous, offensive, in bad taste, or in violation of any intellectual property rights of any third party are to be made by We-Produce.co at its sole discretion, and are final. User agrees to be bound by the decision of We-Produce.co.
BY PROCESSING AND SUBMITTING YOUR ORDER USING WE-PRODUCE.CO, YOU REPRESENT AND WARRANT TO WE-PRODUCE.CO, ITS AFFILIATES, AGENTS, AND BUSINESS PARTNERS, THAT YOU OWN AND POSSESS ALL RIGHTS OR OWN AND POSSESS SUFFICIENT RIGHTS OF THIRD PARTIES, NECESSARY TO COPY, PRODUCE, PRINT OR IMPRINT, EACH AND EVERY ITEM AND PORTION THEREOF YOU SUBMIT TO WE-PRODUCE.CO, ITS AFFILIATES, AGENTS, AND BUSINESS PARTNERS. YOU FURTHER REPRESENT AND WARRANT TO WE-PRODUCE.CO, ITS AFFILIATES, AGENTS, AND BUSINESS PARTNERS, THAT YOU ARE NOT INFRINGING ON ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. YOU AGREE AND COVENANT THAT AT THE REQUEST OF WE-PRODUCE.CO, AND WITHOUT FURTHER CONSIDERATION, YOU WILL PROMPTLY DELIVER TO WE-PRODUCE.CO REASONABLE EVIDENECE OF SUCH ADEQUATE AND ENFORCEABLE RIGHTS OF THIRD PARTIES (i.e. consents, approvals, licenses or sublicenses).
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WE-PRODUCE.CO, ITS AFFILIATES, AGENTS, AND BUSINESS PARTNERS, FROM ALL COSTS, EXPENSES (INCLUDING REASONABLE LEGAL FEES) AND LIABILITIES, INCURRED BY WE-PRODUCE.CO, ITS AFFILIATES, AGENTS, AND BUSINESS PARTNERS, AS A RESULT OF ANY FAILURE BY YOU TO POSSESS SUCH RIGHTS, OR FOR ANY INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
WARRANTY DISCLAIMER: We-Produce.co, its officers, directors, employees, affiliates, agents and business partners disclaim all warranties, express or implied, in connection with the We-Produce.co Website and User’s use thereof. We-Produce.co makes no warranties or representations about the accuracy or completeness of this site’s content or the content of any sites linked to this site and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from User’s access to and use of the We-Produce.co Website, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from the We-Produce.co Website, (v) bugs, viruses, Trojan horses or the like which may be transmitted to or through our web site by any third party, and/or (vi) errors and omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the We-Produce.co Website.
We-Produce.co does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the We-Produce.co Website or any hyperlinked website or website featured in any banner or other advertising, and We-Produce.co will not be a party to or in any way responsible for monitoring any transaction between you and third party providers for products or services. As with the purchase of any product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATION OF LIABILITY In no event shall We-Produce.co, its officers, directors, employees, afiliates, agents or business partners be liable to you for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage of any nature whatsoever, resulting from your access to and use of the We-Produce.co Website, (iii) unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) interruption or cessation of transmission to or from the We-Produce.co Website, (v) bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the We-Produce.co Website by any third party, and/or (vi) errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, e-mailed, transmitted, or otherwise made available via the We-Produce.co Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. User specifically acknowledges that We-Produce.co shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with User. The We-Produce.co Website is controlled and offered by We-Produce.co from its facilities in the United States of America. We-Produce.co makes no representations that the We-Produce.co Website is appropriate or available for use in other locations. Those who access or use the We-Produce.co Website from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
ABILITY TO ACCEPT TERMS OF SERVICE User affirms that User is either more than 18 years of age, or an emancipated minor, or possesses legal parental or guardian consent, and is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Service, and to abide by and comply with the Terms of Service. In all cases, User affirms that User is over the age of 13, as the We-Produce.co Website is not intended for children under 13. If you are under 13 years of age, then please do not use the We-Produce.co Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
ASSIGNMENT The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by User, but may be assigned by We-Produce.co without restriction.
GENERAL User agrees that (i) the We-Produce.co Website shall be deemed solely based in California; and (ii) the We-Produce.co Website shall be deemed a passive website that does not give rise to personal jurisdiction over We-Produce.co, either specific or general, in jurisdictions other than California. The Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between User and We-Produce.co that arises in whole or in part from the We-Produce.co Website shall be decided exclusively by a court of competent jurisdiction located in California.
The Terms of Service, together with all other We-Produce.co policies, and any other legal notices published by We-Produce.co and/or on the We-Produce.co Website, shall constitute the entire agreement between We-Produce.co concerning the We-Produce.co Website. If any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such terms or any other term, and We-Produce.co’s failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision. We-Produce.co reserves the right to amend the Terms of Service at any time and without notice, and it is User’s responsibility to review the Terms of Service for any changes. User’s use of the We-Produce.co Website following any amendment of the Terms of Service will signify User’s assent to and acceptance of its revised terms. USER AND WE-PRODUCE.CO AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WE-PRODUCE.CO WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY WAIVED AND/OR BARRED.
Los Angeles, CA, USA