Terms of service

DSC Apparel LLC dba Digital Spenders Club - Website Terms and Conditions of Supply

These are the terms and conditions on which we agree to supply to you products ordered on our website www.spenders.club (the "Website"). Please read these terms carefully before you submit your order to us.

Your use of this website and submission of an order constitutes your agreement to these Terms and Conditions and our Privacy Policy, which governs how we collect and use your personal information and can be viewed here: [Link to Privacy Policy] (<- IMPORTANT: You must create this page and insert the correct URL here).

1. Contact

1.1 Who we are. We are DSC Apparel LLC dba Digital Spenders Club, a Limited Liability Company registered in the State of California. Our registered business address is 269 S Beverly Drive #953, Beverly Hills, CA 90212.

1.2 How to contact us. You can contact us at hello@spenders.club.

1.3 How we may contact you. If we have to contact you we will do so by telephone, email or (if necessary) by post, using the contact details you provided to us when placing your order1 or setting up your account.

2. Your Order

2.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it (order confirmation), at which point2 a contract will come into existence between you and us3 for the supply of products under these Terms.

2.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this (usually via email) and will not charge you for the product (or will issue a refund if payment was processed). This might be because the product is out of stock, because we have sold out of limited production run products, because we have identified an error in the price or description of the product, because we cannot meet a delivery deadline you have specified, because the order violates any stated purchase limits (e.g., quantity per customer during limited releases), because we suspect fraudulent activity related to the order, or because we have identified your order as attempting to use methods generated by a script, macro, bot or through the use of other automated4 devices.

2.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if5 you can tell us the order number whenever you contact us about your order.

3. Our Products & Website Access

3.1 Availability & Access. Access to browse and purchase products on this Website (www.spenders.club) may be partially or exclusively available to individuals holding verified status through the Digital Spenders Club card program ("Cardholders"). A Digital Spenders Club card may be obtained either through purchase (typically involving a one-time fee) following an application and approval process, or may be included as part of a product bundle, subject to availability and program terms. We reserve the right, in our sole discretion, to approve or deny applications for Cardholder status. Further details regarding eligibility, application, benefits, and specific terms of the Card Program can be found here: [Link to Card Program Information Page] (<- IMPORTANT: You will need a page explaining the card program and should insert the link here). We reserve the right to manage website access based on verified Cardholder status. We try to ensure that the website accurately reflects product availability for authorized users. However, as many of our product lines may be produced in limited runs and released in product drops with high demand, we cannot guarantee the availability of the website or that any products displayed will be available for purchase at all times. We may impose purchase limits on certain items, particularly during high-demand releases. In the event that your ordered items are unavailable after you have placed an order, we will notify you as soon as we can.

3.2 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.8 Packaging may also vary.

4. Delivery

4.1 The locations we ship to. We ship worldwide from the United States. Further details, including any specific location restrictions, can be found on our shipping information page. Customers outside the United States are responsible for import duties and taxes (see Clause 4.7).

4.2 When your order will be shipped/delivered. Estimated delivery times and shipping procedures are set out via email. We aim to dispatch orders within 3-5 business days of order acceptance. Once we have despatched your order, we will send you an email confirming shipment, often including tracking information.

4.3 Delivery costs. The costs of delivery will be as displayed to you on our website during the checkout process, before you confirm your order. 

4.4 If you are not available when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the carrier will typically leave a note informing you of how to rearrange delivery or collect the products from a local depot or access point. Follow the carrier's instructions.

4.5 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or when you (or a carrier organised by you) collect it from us.

4.6 When you own products. You own a product once we have received payment in full.

4.7 Customs Duties and Taxes (International Orders).

* For customers outside of the United States: You are responsible for any and all import duties, customs fees, taxes, and any other charges or requirements imposed by your country's customs authorities upon importation. These charges can be significant; please verify the potential costs with your local customs office before placing your order.

* We are not responsible for these charges, nor are we responsible for delays caused by customs processing.

* Parcels returned to us due to unpaid customs duties/taxes or non-compliance with import regulations will not be eligible for a refund of the original shipping charges, and potentially restocking fees may apply as outlined in our return policy.

* Note: The shipping carrier (e.g., DHL, FedEx, UPS, USPS) or a customs broker may contact you directly to arrange payment of these fees before the package can be delivered.

4.8 If you do not re-arrange delivery. If, after a failed delivery attempt, you do not follow the carrier's instructions to rearrange delivery or collect the products from a delivery depot/access point within the timeframe they specify, we (or the carrier) will contact you for further instructions. We may charge you for storage costs and any further delivery costs. If, despite13 reasonable efforts, we are unable to contact you or rearrange delivery/collection, we may end the contract (see Clause 7).

4.9 We are not responsible for delays outside our control. If our supply of products is delayed by an event outside our reasonable control (e.g., natural disasters, severe weather, strikes, pandemic-related disruptions, significant carrier delays), we will contact you as soon as possible to let you know and take steps to minimise the effect of the delay where feasible. Provided we do this, we will not be liable for delays caused by the event. If there is a risk of substantial delay, you may contact us to end the contract and receive a refund15 for any products you have paid for but not16 received.

5. Price and Payment

5.1 Paying for your order. Prices displayed on product pages are generally shown exclusive of US sales tax. Applicable sales tax, along with delivery costs, will be calculated and added to your order total during the checkout process based on your shipping address and will be displayed before you confirm your order. Prices may be displayed in your local currency or other digital currencies for convenience via Shopify's currency conversion feature, but our store's base currency is US Dollars ($) and transactions are ultimately processed based on the USD price; the final amount charged in your local currency may vary due to exchange rates applied by your payment provider. We accept payment for orders by Visa, MasterCard, American Express, PayPal, Shop Pay, Apple Pay, Google Pay, and payments via Coinbase Commerce. Payment must be received in full before dispatch.

5.2 International Pricing and Taxes. For customers ordering from outside the United States: The price of the order displayed on our website excludes any import duties, customs fees, or taxes that may be imposed by your country upon importation. You are solely responsible for paying these charges directly to the relevant authorities or carriers, as detailed further in Clause 4.7.

6. Returns Policy

6.1 Returns. If you are not satisfied with your purchase, you can return eligible products for a refund provided:

* You initiate the return by contacting us at orders@spenders.club within 30 days of receiving your order.

* You ship the products back to us promptly after receiving return instructions.

* The products are returned unused, in perfect, original, saleable condition, in the original packaging, and with all original tags attached.

* Return Address (use only after contacting returns@spenders.club and receiving instructions): 7207 Melrose Ave, Los Angeles, CA 90046

* Except where an item is faulty or we sent the incorrect item, you are responsible for all return shipping costs. We strongly recommend using a trackable shipping service, as we are not responsible for items lost or damaged in transit back to us.

* Refunds will be processed back to the original payment method, typically within 14 days of us receiving and inspecting the returned items. Original shipping costs are non-refundable.

* For orders paid via Coinbase Commerce or other cryptocurrency methods, refunds will be processed based on the US Dollar value of the order at the time of purchase, regardless of cryptocurrency value fluctuations.

6.2 Exchanges. We do not offer direct exchanges. If you wish to exchange an item for a different size, color, or product, please return the original item(s) for a full refund in accordance with Clause 6.1 above, and place a new order online for the desired item(s). Please note that availability of the new item is not guaranteed.

6.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some products may be incorrectly priced. We normally check prices before accepting your order. If the product's correct price at your order date is higher than the price stated, we will contact you for instructions before we accept your order (giving you the option to pay the correct price or cancel). If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums paid, and require the21 return of any products provided. If the product's correct price is lower than stated, we will charge the lower amount.

6.4 Non-refundable items. Unless faulty or required by law, the following items cannot be returned for a refund: Digital Spenders Club cards (whether purchased directly or received as part of a bundle).

7. Our Rights to End the Contract 

7.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or

(b) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.

7.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 7.1, we will refund any money you have paid in advance for products we have not provided, but we may deduct or charge you reasonable compensation for the net costs we incur as a result of your breaking the contract (e.g., restocking fees, non-recoverable delivery costs).

8. Queries and Complaints 

8.1 How to tell us about problems. If you have any questions or complaints about the product or our service, please contact us first. You can email us at hello@spenders.club.

9. Our Responsibility for Loss or Damage Suffered by You 

9.1 Your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your statutory legal rights under applicable US federal and California state law.

9.2 Liability. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made,29 both we and you knew it might happen. We are not responsible30 for any loss or damage that is not foreseeable.

9.3 We are not liable for business losses. We only supply products for domestic and private use. If you use the products for any commercial, business or re-sale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

9.4 Loss and damage that is not limited by us. Nothing in these terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any matter for which it would be illegal for us to exclude or attempt to exclude our liability under applicable law (including liability related to your fundamental statutory rights).

10. Intellectual Property

10.1 All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of DSC Apparel LLC dba Digital Spenders Club or its content suppliers and protected by United States and international copyright and trademark laws.

10.2 The brand names, logos, and service names ("Trademarks") used on this Website, including "Digital Spenders Club", are trademarks of DSC Apparel LLC. You may not use these Trademarks in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits36 us, without our express prior written permission.

11. Website Use 

11.1 You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Website.

11.2 Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our Website.

11.3 You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack.

12. Other Important Terms

12.1 We may change these terms and conditions from time to time. We will post changes on our website. The terms in force at the time you place your order will apply to that order.

12.2 We may transfer our rights and obligations under these terms to another organization. We will notify you if this happens.

12.3 You need our consent to transfer your rights to someone else. You may only transfer your rights or obligations under these terms to another person if we agree in writing.

12.4 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

12.5 If a court finds part of these terms illegal, the rest will continue in force. Each paragraph operates separately. If any court or relevant authority decides that any part is unlawful, the remaining paragraphs will remain in full force and effect.

12.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything required under these terms, or if we delay taking steps against you regarding you breaking this contract, it will not mean you do not have to do those things and it will not prevent us taking steps against you later.

12.7 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by the laws of the State of California, without regard to its conflict of law principles. You agree that any legal proceedings in respect of the products or these terms must be brought exclusively in the state or federal courts located in Los Angeles County, California.

Issued: April 9, 2025

 

Digital Spenders Club Cardholder Terms and Conditions

Last Updated: April 9, 2025

Welcome to the Digital Spenders Club. These Cardholder Terms and Conditions ("Card Terms") govern your application for, acquisition of, and ongoing status related to the Digital Spenders Club Card ("Card") and associated Cardholder status, which grants you access to the www.spenders.club website (the "Website") operated by DSC Apparel LLC dba Digital Spenders Club ("Digital Spenders Club," "we," "us," or "our").

These Card Terms supplement our main Website Terms and Conditions of Supply ("Website T&Cs") and our Privacy Policy. By applying for, purchasing, accepting (e.g., via a bundle), or using the Cardholder status, you agree to be bound by these Card Terms, the Website T&Cs, and the Privacy Policy. If you do not agree, do not apply for, purchase, or use the Cardholder status.

1. Eligibility: To be eligible to apply for and maintain Cardholder status, you must be at least 18 years of age or the age of legal majority in your jurisdiction, whichever is greater.

2. Acquiring Cardholder Status: You may apply for Cardholder status through the process described on our Website or associated application materials. Applications are subject to review and approval by Digital Spenders Club in our sole discretion, based on criteria we establish. If your application is approved, you will be required to purchase the Digital Spenders Club Card for a one-time fee, plus applicable taxes and shipping costs (calculated similarly to other products). The purchase fee for the Card is non-refundable.

3. The Digital Spenders Club Card

  • Physical Nature: The Card is a physical item, typically incorporating Near Field Communication (NFC) technology and functioning as a basic cryptocurrency hardware wallet linked to a unique Ethereum blockchain address.
  • Non-Custodial Wallet - USER CONTROLS KEYS: The Card is a non-custodial wallet. This means the private keys associated with the Ethereum address are generated on the Card and you, the Cardholder, have sole ownership and control over these private keys. Digital Spenders Club does not have access to or control over your private keys.
  • Security is Your Responsibility: You are solely responsible for the security of the physical Card and the private keys associated with its Ethereum address.
  • NO RECOVERY SEED PHRASE - HIGH RISK OF LOSS: This card does not come with a backup seed phrase. WARNING: If the physical Card is lost, stolen, or damaged, you will permanently lose access to any cryptocurrency or digital assets stored on the Card's associated Ethereum address. Digital Spenders Club cannot recover lost keys or funds.
  • Wallet Functionality as Bonus: The cryptocurrency wallet feature is provided as a bonus aspect of the Card. You are not required to use the wallet function or store any cryptocurrency on the Card to maintain your Cardholder status and Website access. Use of the wallet function is entirely at your own risk.
  • Non-Refundable: As stated elsewhere, the Card (and associated purchase fee or bundled value) is non-refundable.

4. Cardholder Benefits

  • Primary Benefit: Verified Cardholder status grants you access to browse and purchase products available on the www.spenders.club Website.
  • Potential Other Benefits: Cardholder status may also grant access to other benefits from time to time, at our discretion. These could potentially include access to exclusive Cardholder-only merchandise, content, events, or promotions. Any such additional benefits are subject to change, may have their own specific terms, and are not guaranteed. Details of current benefits (beyond website access) may be communicated via the Website or email.

5. Cardholder Responsibilities: As a Cardholder, you agree to:

  • Safeguard your physical Card and take all necessary precautions to protect the private keys associated with it.
  • Keep your account information associated with your Cardholder status (e.g., login credentials, contact information) accurate and secure. You are responsible for all activity occurring under your account.
  • Comply fully with these Card Terms, the Website T&Cs, and the Privacy Policy at all times.
  • Use the Cardholder status and Website access only for personal, non-commercial purposes.
  • Understand and accept the risks associated with cryptocurrency and non-custodial wallets if you choose to use the Card's wallet features.

6. Duration of Status: Your Cardholder status is valid indefinitely ("for life") from the date of acquisition, provided that you continue to comply with these Card Terms and the Website T&Cs, and your associated Ethereum address is not blacklisted by Digital Spenders Club (see Section 7).

7. Revocation of Status / Address Blacklisting: Digital Spenders Club reserves the right, in its sole discretion, to revoke your Cardholder status and blacklist the associated Ethereum address, thereby permanently terminating your access to the Website and any associated benefits, without refund or compensation, if we determine (or reasonably suspect) that you have engaged in any of the following prohibited activities:

  • Violated any provision of these Card Terms or the Website Terms and Conditions of Supply.
  • Used the Website or Cardholder status for any unlawful or fraudulent purpose.
  • Engaged in harassment, abuse, threats, or hateful conduct towards Digital Spenders Club staff or other members of the community (if applicable).
  • Attempted to interfere with, disrupt, compromise, or gain unauthorized access to the Website, its underlying systems, or the accounts of other users (e.g., hacking, phishing, distributing malware, exploiting vulnerabilities).
  • (Subject to Legal Review) Association of the Cardholder or the Card's Ethereum address with confirmed illicit or illegal activities.

We will generally attempt to notify you if your status is revoked, unless circumstances (e.g., legal requirements, security risks) prevent it. Our determination regarding violations and blacklisting is final (subject to applicable law).

9. Disclaimers and Limitation of Liability

  • Cryptocurrency Risks: You acknowledge and assume all risks associated with using the Card's cryptocurrency wallet feature, including but not limited to the risk of losing cryptocurrency due to loss or theft of the physical Card, hardware failure, blockchain network issues, transaction errors, and market volatility.
  • Non-Custodial Wallet: You acknowledge the Card is a non-custodial wallet, you control the private keys, and Digital Spenders Club has no ability to access, control, or recover your crypto assets. WE ARE NOT RESPONSIBLE FOR ANY LOSS OF CRYPTOCURRENCY OR OTHER DIGITAL ASSETS STORED USING THE CARD.
  • No Financial Advice: Digital Spenders Club does not provide financial, investment, legal, or tax advice. Any information related to cryptocurrency is for informational purposes only.
  • Wallet Support: While we may offer limited guidance for initial setup upon request (via hello@spenders.club), we do not provide ongoing technical support for the Card's wallet functionality, transactions, or troubleshooting cryptocurrency issues. Support is primarily focused on Website access related to your Cardholder status.
  • Third-Party Technology: The Card relies on third-party technologies (e.g., NFC, potentially specific hardware components or related software/apps like Burner Pro's platform for interaction). We are not responsible for the performance or failure of such third-party technologies.
  • Limitation of Liability: To the fullest extent permitted by law, Digital Spenders Club's liability related to the Card Program and Cardholder status is limited as set forth in the Website Terms and Conditions (specifically, the section on Our Responsibility for Loss or Damage Suffered by You).

10. Changes to Program or Terms: We reserve the right to modify, suspend, or terminate the Digital Spenders Club Card Program, its benefits, or these Card Terms at any time in our sole discretion. We will provide notice of material changes, typically by posting updates on the Website or via email. Your continued status as a Cardholder after changes constitutes acceptance of the revised terms.

11. Governing Law: These Card Terms are governed by the laws of the State of California, consistent with the Website Terms and Conditions.

12. Contact Information: For questions specifically related to the Digital Spenders Club Card Program or these Card Terms, please contact us at hello@spenders.club.