Terms of Service


Last updated: Feb 06, 2018

These Terms of Use (the "Terms of Use") govern use of the Product Shipping Soon on the Coming Soon Tech platform (the "Agreement"). This Agreement incorporates our Privacy Policy. The services provided on the Coming Soon Site (the “Coming Soon Services”) shall be included in the definition of “Services” that is referenced in the Terms of Use, and you agree that the terms of the Terms of Use and the Privacy Policy will apply to the Coming Soon Services. Any capitalized term used, but not defined, in this Agreement will have the meaning ascribed to it in the Terms of Use.

Coming Soon reserves the right, at its sole discretion, to modify or replace these Terms of Use by posting the updated terms on the Site. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the services following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Coming Soon also reserves the right to change, suspend, or discontinue any Service(s) (including, but not limited to, the availability of any feature, database, or content) at any time for any reason. Coming Soon may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

Definitions

In this Agreement, we refer to those offering their products or services for sale on the Coming Soon platform as “Sellers” and to their direct e-commerce pages as “Seller Pages.” The section of the Coming Soon platform where Coming Soon Tech Pages are located is referred to as the “Product Shipping Soon.” We refer to those purchasing products or services on a Coming Soon Tech Page as “Buyers” and to the payment made to the Seller on the Coming Soon Tech Page as “Payment.” For purposes of this Agreement, Sellers, Buyers and other visitors to the Product Shipping Soon are referred to collectively as "Users."

Product Shipping Soon

The Coming Soon Tech on the Coming Soon platform is an online, e-commerce venue for people and entities seeking to sell their products or services on their own direct Coming Soon Tech Pages, and to purchase goods or services on the Coming Soon Tech Pages of others. Sellers can offer goods in the form of tangible items (collectively, “Products“) to Buyers. Coming Soon makes no representations about the quality, safety, morality or legality of any Coming Soon Tech Page, Product or Payment, or the truth or accuracy of User Content posted in the Product Shipping Soon. Users understand and acknowledge use of the Coming Soon Tech Services at their own risk.

The Coming Soon Tech Services do not include the offer or sale of securities (as such term is defined in the Securities Act of 1933), and Coming Soon Tech, LLC is not a broker-dealer or a member of the Financial Industry Regulatory Authority.

Pre-Order Sellers

Sellers in the "Pre-Order" category must have a finished prototype suitable for mass production, and have entered into, or will imminently enter into agreements with essential manufacturing and shipping partners, including but not limited to suppliers for essential parts.

Sellers will be categorized in "Pre-Order" based on the information that is submitted to Coming Soon, and Coming Soon’s decision regarding a Seller’s specific categorization is final and binding.

Seller eligibility is subject to Coming Soon’s satisfactory review of the information presented concerning Seller’s ability to ship products according to the Guaranteed Shipping Date. Coming Soon’s review may include, but is not limited to, examining (1) fulfillment of prior crowdfunding obligations, (2) forms of social verification such as product or business reviews, and (3) other relevant information the Seller provides, upon request, in the course of such review. Coming Soon’s review will occur within an assessment period that will not exceed 90 days.

If Coming Soon is not satisfied with the information presented by the Seller by the conclusion of the assessment period, then Coming Soon will refund all funds collected during the assessment period and remove Seller from the Product Shipping Soon.

Obligations

Sellers are permitted to offer Products to Buyers. Sellers are legally bound to perform on any promise and/or commitment to Buyers (including shipping any Products within the stated timeframe "Guaranteed Shipping Date"). This commitment includes shipping Products to Buyers before shipping any orders received after the Coming Soon Tech Page has ended. For Sellers participating in programs with our retail partners, failure to ship orders to Buyers first may result in removal from such retail partnership programs, as well as the Product Shipping Soon and any other areas of the Coming Soon platform.

Sellers are obligated to respond promptly and truthfully to all questions posed by Coming Soon or any Buyer, and will communicate in a timely, frequent and substantive manner with Buyers.

Sellers must prominently display a policy of material topics as a condition of participation in the Product Shipping Soon. Material topics that must be covered in the displayed policy include: (1) refunds, (2) returns, (3) exchanges, (4) cancelling orders, (5) communication, (6) shipping time and costs, and (7) collection of applicable tax or customs (if international). This list is not exhaustive and Seller may also add additional topics, as necessary. If a Seller does not display its own policy, then Coming Soon will display a default policy and the Seller must abide by any obligations listed in such default policy.

Eligibility

Coming Soon may attempt to verify the identity and other information provided to us by a Seller, and we may delay, withhold, reverse or refund any Payments or other amounts without notice or liability in the event we are unable to verify any such information to our satisfaction.

Coming Soon reserves the right to prohibit or remove a Coming Soon Tech Page, at it’s sole discretion, if the Seller fails to ship a Product on or before the Guaranteed Shipping Date (or fails to fulfill any other promise and/or commitment to a Buyer).

Coming Soon may remove any Seller from the Product Shipping Soon, and any other areas of the Coming Soon platform, if Coming Soon, in its sole discretion, determines that such Seller is involved in an excessive number of claims related to the Guaranteed Shipping Policy issues.

Shipping, Payment, Taxes

All Sellers that participate in the Product Shipping Soon must (1) display a shipping timeframe that is rational, clear, and backed by information from manufacturers, suppliers, and shipping services, and (2) charge Buyers a reasonable and adequate amount to cover any applicable costs for sales tax or customs fees at time of checkout.

If it appears to Coming Soon that the shipping timeframe displayed by a Seller does not meet the foregoing requirements, then Coming Soon may take various steps to determine whether a Seller is in compliance with this Agreement including, but not limited to, requesting additional information from the Seller and suspending Seller’s Coming Soon Tech Page until the investigation has been completed.

Seller must ship Products to Buyers using a traceable method, such as a service that offers package tracking numbers. Sellers must also keep records of proof of shipment to Buyer’s address as listed on the Buyer order details page (or be able to provide proof of a mutually agreed upon alternate ship-to address), and the related tracking number, shipment information, and other information, for a minimum of twelve (12) months after shipping a Product to Buyer.

Seller is solely responsible for complying with any applicable tax or customs collection requirements, including calculating appropriate amounts for each order. If Seller fails to charge an adequate amount sufficient to cover any applicable tax or fee at the time of checkout, Seller must still ship the Product to Buyer and may not seek reimbursement or additional funds from the Buyer or Coming Soon at any later date for any reason.

Seller’s location as reflected on the Coming Soon Tech Page must match the legal residence that is submitted to Coming Soon upon creation of the Coming Soon Tech Page. Failure to adequately fulfill Coming Soon Tech Page obligations may result in Coming Soon removing the Coming Soon Tech Page(s) from the Coming Soon platform, and seeking reimbursement of Coming Soon Tech Page collected Payments, including by using third-party collections services. Only the Coming Soon Tech Page owner shall be permitted to collect Coming Soon Tech Page Payments. Coming Soon will not disburse Coming Soon Tech Page Payments to any third parties.

Sellers will comply with all applicable laws and regulations in the use of Payments and delivery of Products. Sellers are responsible for collecting and remitting any taxes on Payments, and any taxes due in connection with Products. Sellers may not use a false or unused email address to self-fund, or contribute to, their own Coming Soon Tech Pages; this is a violation of our Terms of Use.

You acknowledge that as a Seller, if you do not act in accordance with this Agreement, Coming Soon may obtain reimbursement of any amounts owed by a Seller to Coming Soon by withholding funds from your Coming Soon Tech Page, or from the connected merchant account or bank account associated with your Coming Soon Tech Page, or by seeking reimbursement from the Seller by any other lawful means, including by using third-party collections services.

Buyers

Buyers are solely responsible for asking questions and investigating Sellers and Coming Soon Tech Pages to the extent they feel is necessary before making a Payment or pre-order. Coming Soon does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Coming Soon Tech Page or the truth or accuracy of User Content posted on the Coming Soon Tech Pages. Buyers are responsible for submitting a valid and accurate shipping address when placing an order with a Seller. If a Payment is returned to a Buyer for any reason, the associated Products, if any, shall be canceled.

Refunds

Buyers acknowledge that (1) each Seller is responsible for managing and prominently posting material policies on a Coming Soon Tech Page, including but not limited to policies governing refunds, returns, and exchanges, and (2) each Buyer is responsible for reading and understanding each Seller’s policies before placing an order.

Buyers may request a refund from Coming Soon within two (2) days of making Payment. If more than two (2) days since making Payment, Buyers must follow the Seller’s posted refund policy (or other applicable policies regarding exchanges or returns) and contact the Seller directly.

A Product order is eligible for a refund by Coming Soon if a timely refund request has been made unless (a) funds have already been sent to the Seller for the order or (b) Coming Soon determines that there has been an abuse of this Agreement. For refunds issued by Coming Soon as a result of a claim under the Guaranteed Shipping Policy, please see the Guaranteed Shipping Policy section of this Agreement. Coming Soon reserves the right to terminate User Accounts for any abuse of this refund policy.

Disputes between Sellers and Buyers

Sellers are legally bound to perform on any promise and/or commitment to Buyers (including shipping any Products). Coming Soon does not recognize any third party and/or agency affiliated with the Coming Soon Tech Page as a Seller. If a Seller does not ship an ordered Product within the Guaranteed Shipping Date, Buyer may be entitled to a refund pursuant to the Guaranteed Shipping Policy (outlined below).

Coming Soon is under no obligation to become involved in disputes between Users and any third party. In addition, Coming Soon is under no obligation to become involved in disputes regarding the determination of the rightful Seller, and will not be obligated to make any changes to Seller accounts or transfer of ownership.

In the event of any dispute, such as a Seller’s alleged failure to comply with this Agreement, we may provide the Seller’s contact information to the Buyer so that the two parties may resolve their dispute.

Guaranteed Shipping Policy

Sellers are required to ship Products to Buyers on or before the Guaranteed Shipping Date. If (1) a Buyer does not receive the Product on or before the Guaranteed Delivery Date, and (2) the requirements for eligibility apply to the order that is the subject of the claim, then Coming Soon will issue a refund of the total order price (the purchase price, plus shipping costs and any additional fees collected for tax or customs purposes) in accordance with this Guaranteed Shipping Policy.

Eligibility to File a Claim

The Guaranteed Shipping Policy applies only to orders (1) that were made on a Coming Soon Tech Page in the Product Shipping Soon section of the Coming Soon platform, and not to orders made through a third party, nor to Contributions made to a Campaign, (2) where Buyer has provided accurate information, including a valid and current ship-to address, during the order process, or a mutually agreed upon address with proof of the exchange between Buyer and Seller, and (3) where Buyer has provided a valid form of payment for the order, and Payment has been sent to Seller and is no longer within Buyer’s control. The Guaranteed Shipping Policy does not apply in situations outside of Seller’s or Coming Soon’s control, including but not limited to delivery obstructions or delays due to weather, natural disasters, civil unrest, or acts of God.

Filing a Claim

Before making a claim under the Guaranteed Shipping Policy, a Buyer must (1) attempt to contact Seller through either the "Contact Seller" mechanism on the Coming Soon Tech Page, or via the email listed on the Coming Soon Tech Page, and (2) take a screenshot of the sent message or email to the Seller.

If Seller has not responded within two (2) days to Buyer’s refund request, then Buyer may submit a claim to Coming Soon Tech with all of the following required information: (1) the email address Buyer used to place the order, (2) the Coming Soon order number, and (3) the screenshot of the attempt to contact the Seller. Coming Soon will then process the Guaranteed Shipping Policy claim and will issue a refund within 14 days. The refund will appear on Buyer’s credit card statement within 3-5 business days (barring any issues that are the fault of Buyer’s bank).