TERMS OF SERVICE
Your Packaging hub takes pride in the quality of its services and we strive to satisfy all customers. To avoid any miscommunications that could lead to unneeded actions, we have created the following. We are happy to answer any questions that you might have. We look forward to working with you!
The following words will have the following meanings in this document:
- “Buyer” refers to the person or organization that buys Goods
- “Goods” refers to the services and articles that the Seller will supply to the Buyer;
- “Intellectual Property Rights” refers to all unregistered designs, know-how, and other forms of intellectual property that are available anywhere in the world.
- “Seller” means Your Packaging Hub, LLC (DBA Your Packaging Hub)
- These Terms and Conditions will apply to all sales and/or exchanges of Goods by Seller to Buyer. They also exclude any other terms and conditions referred, offered, or relied upon by Buyer at any stage of the dealings between them, including any standard terms or printed terms.
- Except as agreed by the Seller in writing, any variation to these Terms and Conditions (including any special terms agreed between the parties) will be null.
- You are agreeing to all terms and conditions of this page, the future and any pertinent proposals by the Seller by creating a login account or entering into a sale.
PRICE AND PAYMENT
- The price shall be the Recommended Retail Price less any agreed discount unless otherwise agreed in writing between the parties. The price is exclusive of VAT or any other applicable costs.
- Terms of payment will be offered and explained by the Seller through PayPal, Stripe, Authorize.net and/or check. The offer of credit or partial payment via PayPal or otherwise will be at the sole discretion of the Seller.
- If payment of the price or any part thereof is not made by the due date as determined by the Seller, the Seller shall be entitled to: require payment in advance of delivery in relation to any Goods not previously delivered; refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
Any description of the Goods given or applied to them is for identification purposes only. It does not constitute a sale by definition. The Buyer declares, for the avoidance and clarification of doubt, that it does not rely on any description in entering into this contract.
If a sample of Goods is sent to the Buyer and/or inspected, both parties agree that the sample is representative of the goods and that the bulk order may differ due to creative or shipping processes. Prototypes and samples are not considered final products. The Buyer acknowledges that not all products meet the quality standards for final delivery.
POLICY – DELIVERY, CANCELLATION, AND REFUND
- Unless otherwise agreed in writing by the Seller, delivery of the Goods will take place on or as close to the advertised date by the Seller.
- Revisions are not required but may be advertised and made at the Seller’s discretion.
- All sales by Seller are final. If the Buyer decides to cancel an order after payment has been received and approved by PayPal (or any other method of purchasing goods), the Seller will not be able to refund any money paid.
- The Seller retains the right to publish and advertise customer reviews, photos, videos, and other information during all interactions with customers and leads via live chat, email or phone.
- Every form submitted through the Seller website or other communication serves as an explicit request to the Seller to contact them and to opt into any Seller communications that are deemed to be relevant to the Seller. All forms of interaction with Seller, including emails, live chats, phone calls, payments, and other means of communication, constitute an acceptance of the statements made in these terms of service. Without requesting or receiving formal permission, the Seller may publicly publish all data and promote it without any charge, fee or penalty to other parties.
- The Seller does not have to offer any refunds to Buyers during any project. All transactions are non-refundable unless the Seller decides otherwise. The Seller will usually allow a 50% refund on the payment, but all refunds are at the Seller’s sole discretion. Refunds are not mandatory.
The Seller may, at its sole discretion, refund any amount requested less any expenses incurred during the project. This agreement supersedes all other agreements by the Seller.
The Buyer shall take full responsibility for the Goods once they are received. If the Buyer decides to collect the Goods themselves, the risk passes when the Goods are given to it or placed aside for its collection. The Buyer is responsible for any change in ranking or penalty that may occur on their site. The Seller is responsible for achieving the desired results. However, there are no guarantees of results. Rankings, results and other items presented to Buyer do not guarantee success. They are estimates and should not be considered average or typical. All claims made by Seller are intended to be educational and informative. It is impossible to predict the future or use past successes and results as an indicator of future success. The Seller acknowledges that the Buyer will not be held responsible for the Buyer’s business decisions based on any information supplied by it. The Seller has the right to take all necessary actions to recover any balance due to delinquent payments. This includes but not limited to locking, privatizing, or restricting administrative acces to the products in question. The Buyer must pay $500,000 to the Seller or an agreed amount between them, in the event of non-payment or delinquent payment. The Seller may pursue litigation against the Buyer if the Buyer fails to pay, violates the terms of service or for any other reason. All legal fees incurred in pursuing recovery will be fully reimbursed by the Buyer.
The Buyer will not be entitled to title in the Goods until payment in full has been made by the Seller.
LIMITATION OF LIABILITY
- The Seller is not liable for any loss or damage that the Buyer may suffer beyond the contract price.
- If arbitration rules against the Seller, the maximum liability payment for copyright infringement, cease-and-desist letters, and any other legal events against the Seller will be $500. The Seller agrees that the Prosecution will pay all legal fees and costs incurred in litigation against him.
- These Terms and Conditions do not limit or exempt the Seller’s liability for personal injury or death caused by its negligence, or the negligence of its employees or agents.
INTELLECTUAL PROPERTY AND RIGHTS
Without express written agreement between Seller and Buyer, all Intellectual Property Rights arising from or related to the performance of this Agreement shall become the exclusive property of the Buyer, and/or end-user of Goods. The Seller will do everything reasonably necessary to ensure such rights are exercised by using appropriate instruments or making agreements with third parties. Seller does not intend for any goods or content to reflect any opinions or views. Seller cannot guarantee accuracy or legitimacy of statements or make claims about any content or goods. These will all be the responsibility of the Buyer.
If the Seller is unable to fulfill any of its obligations due to circumstances beyond its control, such as strikes, lockouts, shipping delays or accidents, wars, fires, natural sources of supply shortages or breakdown of machinery, or acts of God, the Seller will not be held responsible. The Seller may request a reasonable extension to its obligations. The Seller may terminate the contract if the delay continues for a period it considers unreasonable.
These Terms and Conditions are not intended to establish or suggest any partnership or joint venture. Nothing in these Terms & Conditions is meant to be taken as a representation of either party as an agent.
ASSIGNMENT & SUB-CONTRACTING
Without the Seller’s prior written consent, the contract between Buyer and Seller regarding the sale of Goods cannot be assigned, transferred, or any obligation sub-contracted. Any obligations may be assigned, transferred or sub-contracted by the Seller if they are deemed necessary.
Failure by one party to enforce any of these Terms and Conditions at any time or for any duration shall not constitute a waiver of them. Neither will the failure to enforce any other Terms and Conditions at any later time.
Any term or provision in these Terms & Conditions that is invalid, illegal, or unenforceable by any court of competent jurisdiction shall be struck and the remaining provisions shall remain in full force and effects as if they were agreed to with the invalid, unenforceable or illegal provision.
GOVERNING LAW and JURISDICTION
All legal proceedings, regardless of whether they are initiated by the Seller, will be heard, reviewed, and pursued in the county or state at the Seller’s sole discretion. Florida, United States, unless otherwise stated. This Agreement will be governed and construed according to the laws of the United States. The parties submit to the exclusive jurisdiction and control of the United States courts.