Terms of Service & Use

These Standard Terms of Service & Use (these “Terms of Service & Use”) apply to all orders placed with, and all services performed by, Quadpack Americas, LLC. (“Seller” or “Quadpack”), and each customer placing an order with Seller (“Buyer” or “you”) for products or services does thereby, by doing so, agree to be bound by these Terms of Service & Use in all respects as to such order and as to all such containers, closures and other products and services provided by Seller to Buyer (collectively, the “Products” and each a “Product”). These Terms of Service & Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service & Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service & Use. If you do not agree to all the Terms of Service & Use of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service & Use. You can review the most current version of the Terms of Service & Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service & Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. Online Store Terms: By agreeing to these Terms of Service & Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. Selection of Products:  Buyer is responsible for selecting the Products that fit Buyer’s needs and requirements.  Different combinations of chemicals, plastics, paper, glass, wood, or any other materials contained in Products may react poorly with Buyer’s goods or products and become defective.  Seller cannot guarantee that any container or Products will function properly with Buyer’s particular goods or products. Buyer will be able to request from a range of available samples provided on the website by the Seller, and Buyer shall be solely responsible for testing Buyer’s goods and products with each applicable Product or container before placing any order for Products hereunder.  Seller shall have no responsibility for suitability of any Product for Buyer’s particular use, and it is Buyer's sole responsibility to do product compatibility testing.  Seller is not responsible for damages arising from Buyer's selection and use of any Products, including, without limitation, (i) for any damages to or loss of Buyer’s bulk products that are inserted into any containers purchased from Seller, and (ii) for any damages or losses resulting from design specifications, artwork, and/or decorations selected by, supplied by, and/or approved by Buyer.  Seller hereby advises Buyer that all Products ordered from Seller should be used within six (6) months after receipt by Buyer as the integrity and quality of certain Products may be adversely impacted by delays in utilizing such Products.

3. Acceptance of Order or Quote: Seller may accept or reject any order and may cancel any order at any time for any reason including, but not limited to, fraud, unauthorized or illegal transaction, errors in descriptions or prices of products or services, error in the order, unavailability of materials or supplies, etc.  Any acceptance of Buyer’s order by Seller, is expressly made conditional on Buyer's assent to these Terms of Service & Use, and by placing any order with Seller, Buyer agrees to these Terms of Service & Use. Any proposal for additional or different terms, or any attempt by Buyer to vary these Terms of Service & Use in any quote, purchase order or other document is hereby disallowed. Notwithstanding the foregoing, if Buyer accepts such order or quote and delivers Products in connection therewith, such order or quote shall be deemed accepted by Buyer without said additional or different terms and these Terms of Service & Use shall govern.  In no event shall Seller’s delivery of any Product hereunder be deemed or construed as an acceptance of any additional or different terms or conditions of Buyer.

4. Cancellations & Returns:  To cancel an order, Buyer should email info@instockpack.com immediately. On orders that are for standard, stock non-custom Products, if the cancellation is received prior to shipping the order then Buyer may receive a refund for the full cost of the order minus a 10% restocking fee.

Buyer shall inspect all Products within fifteen (15) days after receipt by Buyer.  All claims for shortages, defects, or other non-conformities shall be made in writing to info@instockpack.com by Buyer within fifteen (15) days after receipt by Buyer. Failure to notify Seller in writing of any claim within such fifteen (15) day period shall constitute an irrevocable acceptance of the Products and an admission by Buyer that such Products comply fully with all terms, conditions and specifications of the corresponding order. Products shall be deemed acceptable if they conform in all material respects to samples accepted (or deemed accepted) by Buyer without regard to whether such sample varies from any applicable specifications. In all cases, shipping charges will not be refunded, and Buyer must pay any shipping charges associated with returning shipped Products to Seller.

5. Terms of Payment: The buyer shall make payment via credit card at the time buyer’s order is submitted through the Instockpack site or otherwise accepted by the Seller. Terms of payment shall be subject to change by Seller.  

6. Delivery & Shipment: Unless otherwise specifically agreed to in writing by Seller, Buyer is responsible for all shipping costs, all shipping costs are non-refundable, and all shipments shall be shipped through FedEx. All risk of loss and/or damage to the Products shall pass to Buyer upon such Products being picked up from Seller, at Seller’s plant or other designated shipping point, by the applicable third-party carrier selected by Buyer or by Buyer’s agent or representative.  Buyer is responsible for pursuing the third-party carrier for any loss or damages occurring to Products in transit.  Buyer agrees to hold Seller harmless from any claims, loss, cost or expense, including attorney's fees, resulting from negligence, acts or omissions of buyer's designated carrier incident to the loading, handling, transportation or unloading of Products purchased by Buyer.

Buyer shall inspect all Products within fifteen (15) days after receipt by Buyer.  All claims for shortages, defects, or other non-conformities shall be made in writing to info@instockpack.com by Buyer within fifteen (15) days after receipt by Buyer. Failure to notify Seller in writing of any claim within such fifteen (15) day period shall constitute an irrevocable acceptance of the Products and an admission by Buyer that such Products comply fully with all terms, conditions and specifications of the corresponding order. Products shall be deemed acceptable if they conform in all material respects to samples accepted (or deemed accepted) by Buyer without regard to whether such sample varies from any applicable specifications.  Credit will not be allowed on any Products which have been altered or defaced in any manner or are otherwise not in sellable condition.  All orders are subject to 10% over or under run, and specifications are based on commercially acceptable tolerances.

All Products shall be packed for shipment and storage in accordance with standard commercial practices.  In no event shall Seller assume any liability in connection with shipment, nor shall the common carrier be deemed an agent of Seller.  Seller shall use its commercially reasonable efforts to deliver Products in accordance with any reasonably requested delivery schedule.  Where strict compliance with such requested delivery schedule is not commercially reasonably possible, Seller will make delivery as soon as commercially reasonably possible.  Seller shall not be liable for delay in delivery or for failure to give notice of any delay.  Buyer shall have no right to delay the delivery or shipment date, and Seller may charge reasonable storage charges for any Products which it holds for Buyer.

7. Optional Tools: We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service & Use.

8. Third-Party Links: Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

9. Taxes & Other Charges: Any tax or other charge imposed by any governmental authority with respect to the manufacture, sale, transportation, delivery and/or use of the Products ordered by Buyer from Seller will be added to the prices provided in any quote or purchase order. Buyer is responsible for all such taxes and charges in addition to the quoted price for Seller’s products and services.  If Buyer’s shipping address is outside of the United States, items may be subject to taxes, customs duties and fees levied by the destination country ("Import Fees'').  If so, Buyer shall be the importer of record in the destination country and is responsible for all Import Fees, for ensuring that the Products can be lawfully imported, and for complying with all laws and regulations of the destination country.

10. Liability: Seller shall in no event be liable for any incidental, consequential, indirect, punitive or special damages, including without limitation, loss of any Buyer products inserted into any containers sold by Seller, loss of profits, loss of data, use, goodwill, or other intangible losses, and/or any damages or losses resulting from design specifications, artwork, and/or decorations selected by, supplied by, and/or approved by Buyer.  Seller's liability and Buyer's exclusive remedy for any cause of action arising out of any transaction and its performance, including negligence, is expressly limited, at Seller’s option and discretion, to replacement of nonconforming Products, or to payment in an amount not to exceed the purchase price of the specific Products for which damages are claimed.  In no event shall Seller be liable to Buyer for any reason in an amount in excess of the amount paid by Buyer hereunder for the specific Products at issue.

Buyer shall not be entitled, without Seller's prior written consent, to deduct or offset any amount or claim asserted against Seller from or against the price invoiced to Buyer for Products purchased by Buyer hereunder. Buyer's failure to accept delivery of any installment of shipment of Products in the quantities and on the terms specified by any quote or purchase order, to fulfill any other provisions of any quote or purchase order, shall constitute a material breach of the entire transaction, in response to which, in addition to any other remedies available to Seller hereunder or at law or equity, Seller may in its sole discretion, by written notice to Buyer at least five days prior to the start of the succeeding month (i) declare the entire transaction terminated as of the breach date, or (ii) reduce the installments during the remainder of the term hereof to the quantity last ordered by Buyer.

Notwithstanding any statute of limitations to the contrary, in no event shall Buyer be entitled to commence any action for breach of any contract or warranty, expressed or implied, or for any loss or damages related to the Products, more than one (1) year after the date of Buyer’s receipt of such Products.

11. Personal Information: Your submission of personal information through the store is governed by our Privacy Policy. 

12. Prohibited Uses: In addition to other prohibitions as set forth in the Terms of Service & Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

13. User Comments, Feedback & Other Submissions: If, at Seller’s request, buyer sends certain specific submissions (for example contest entries) or without a request from us buyer sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), buyer agrees that Seller may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that buyer forwards to us. Seller is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Seller may, but have no obligation to, monitor, edit or remove content that Seller determine in their sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service & Use.

Buyer agrees that buyer’s comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. Buyer further agrees that buyer’s comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. Buyer may not use a false e-mail address, pretend to be someone other than them self, or otherwise mislead us or third-parties as to the origin of any comments. Buyer is solely responsible for any comments buyer makes and their accuracy. Seller takes no responsibility and assume no liability for any comments posted by buyer or any third-party.

14. Warranties:  Seller represents and warrants to Buyer that the Products will be of standard quality and will conform in all material respects to any applicable specifications that are expressly agreed to in writing by Seller, and that Seller will deliver the Products to Buyer free and clear of any liens or security interests. These warranties apply to Buyer only and not to any subsequent user or purchaser of the Products.  Except for the foregoing warranties, the Products are sold “As Is” and Seller makes no other warranty of any kind or nature whatsoever, either express or implied, oral or written, by fact or by law, and all other warranties are hereby expressly disclaimed by Seller, including, without limitation, any implied warranties of fitness or suitability for a particular purpose, merchant ability, arising out of course of dealing, custom or usage of trade, non-infringement or any other implied warranty.  Seller in no way warrants that the Products sold hereunder will be compatible for use with any other product, good or component, or that the Products sold hereunder will be suitable for Buyer’s or any third party’s intended use, and Seller assumes no responsibility therefor.

Buyer hereby represents, warrants and covenants to Seller as follows: To the extent that Products hereunder are designed by Buyer, and/or the materials for any Products are selected by Buyer, such designs, materials and resulting Products (1) do not and will not infringe the intellectual property rights of any third party; (2) are and will be free of any material defects in design and materials including, without limitation, such defects as could create a hazard to person or property.

15. Indemnity:  Buyer agrees to defend, indemnify and hold Seller and Seller’s owners, directors, officers, employees and agents harmless from and against all liabilities, damages, claims, causes of action, costs and expenses arising from or related to any breach by Buyer of any representation, warranty, and/or covenant contained in these Terms of Service & Use, and/or from any use the Products by Buyer or any customers of Buyer and/or any sales of goods or products by Buyer that include or utilize any Products.

16. Waiver: The failure of either party to insist in any one or more instances upon strict performance of any of the provisions hereof, or to take advantage of any of its rights, shall not operate as a continuing waiver of such rights.

17. Governing Law: The laws of the State of Texas, without regard to their conflict of law provisions, shall govern the transaction and these Terms of Service & Use. The United Nations Convention of Contracts for International Sale of Goods shall not apply in any respect of this transaction.  Exclusive venue for any action arising from or related to these Terms of Service & Use and/or any Products sold by Seller to Buyer shall be in the state or federal courts located in Dallas County, Texas.

18. Survival:  The terms set forth in these Terms of Service & Use shall survive the delivery of any Products and fulfillment of any orders and shall continue until any applicable statutes of limitations have expired.

19. Severability; Entire Agreement:  If any provision of these Terms of Service & Use is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms of Service & Use will remain in effect. These Terms of Service & Use constitute the entire agreement between Buyer and Seller regarding the Products sold by Seller, and supersede and replace any other or prior agreements, oral or written, regarding the Products.

20. Amendments:  Seller reserves the right, in its sole discretion, to modify or replace these Terms of Service & Use at any time. If a revision is material Seller will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined in Seller’s sole discretion.  By continuing to order Products after any revisions become effective, Buyer agrees to be bound by the revised Terms of Service & Use.

21. Force Majeure:  Seller shall not be liable for failure to perform its obligations hereunder due to events beyond its reasonable control, including, but not limited to, strikes, parts or materials shortages, manufacturing difficulties, war, actual or threatened acts of terrorism, fires, natural disasters, acts of God, delays of carriers or suppliers, and acts in compliance with any applicable law, regulation or order (whether valid or invalid) of any governmental body.

22. Attorneys’ Fees:  In the event Seller initiates a collection action hereunder, Buyer shall reimburse Seller for all of its costs (including, without limitation, all of its attorneys’ fees and/or collection agency fees) incurred in connection therewith.  In the event Buyer initiates any legal action regarding these Terms of Service & Use, the prevailing party in any such action (including, without limitation, any mediation or alternative dispute resolution the parties may agree upon) shall be entitled to recover its reasonable attorneys’ fees and costs.

23. Contact Information: Questions about the Terms of Service & Use should be sent to us at info@instockpack.com

 

Revised: 06/29/2022