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Bundling a physical good with a digital one has been done before, so if I understand correctly the only problem here is that the usage of a t-shirt is purely to circumvent the ban from the bank (due to high chargeback rate)...

In that case, and theoretically, bundling the physical good with a digital access right from the start would be perfectly legal right?

It would still be a dodgy way to reduce chargebacks, but assuming no bank ban occurs, it shouldn't be a breach of contract.



Yes, good faith bundling is just fine, just a business decision as far as I’m concerned, and if it reduces your chargebacks, good!

Circumvention and deception (which require clear intent, hence the emails) are the issue.




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