Terms of Services

This Website, and the functionalities provided through it, are provided by the Seller (hereinafter also referred to as "Packhelp", "we", "us", "our") who owns and administers the Website. When using the following website: packhelp.com/en-us/ (hereinafter referred to as the "Website") regardless of the purpose of use, these Terms of Service will constitute a legally binding contract between us, i.e. Packhelp, and you (hereinafter referred to as "User", "You", "Your"). It is your responsibility to carefully read these Terms of Service before using the Website. Use of the Packhelp Website is tantamount to submitting a declaration of reading the Privacy Policy (available at https://packhelp.com/en-us/privacy_policy) and its acceptance. If you do not accept the Terms of Service, you may not use the Website.

Please read the following provisions carefully, as they contain the conditions governing the use of the Packhelp Website. In addition, please read our Privacy Policy located on the Website.

If you have any questions, comments or concerns regarding the contract or any other part of the Website, or regarding any of our presented products and services, or in case of technical problems while using this website, please contact us via following link: https://packhelp.com/en-us/contact/.

Remember that you are prohibited from providing unlawful content or using the Website in a way that disrupts or prevents its functioning.

Definitions

1. Price– refers to the price of the Goods, valid at the date and time of the Order, inclusive of all promotional offers and rebates; The price does not include delivery costs.
2. Business days– weekdays from Monday to Friday, with the exclusion of public holidays, in accordance with the laws of the United States of America.
3. Written form- also includes e-mail messages clearly specifying the name of the sender and recipient, unless the Terms of Service state otherwise.
4. Consumer- a natural person making a legal transaction with the trader not directly related to its business or professional activity within the meaning of relevant state or federal law.
5. Production tools- matrices, printing dies, graphic materials, and other tools necessary to produce the Goods being the subject of the Order.
6. Newsletter – has the meaning in clause 18.
7. Customer Assistant- a person acting on behalf of the Seller in the course of the Order. The Seller will appoint a Customer Assistant in the event that the Order requires action outside the automated ordering system available on the Website. The User will be informed about the contact details of the Customer Assistant. If the User places another Order the Customer Assistant shall be considered a person acting on behalf of the Seller submitting an offer or cooperation proposal to the User.
8. Account- a service provided electronically; access to the User’s personalized administration panel accessible after successful registration and logging on to the Website by the User - after providing a pre-set login and password through which the User can place an Order, and in which the User's information and documentation related to his Orders are stored.
9. Entity– refers to any natural or legal person, as well as an unincorporated organisational unit, to which the law grants legal capacity.
10. Privacy Policy- a document regulating the security of privacy protection and the processing of the User’s personal data; The Privacy Policy is available at this address: https://packhelp.com/en-us/privacy_policy.
11. Terms of Service– refers to these Terms of Service.
12. Packhelp Warranty - additional service provided by the Seller in connection with the conclusion of the Contract of sale.
13. Force majeure- means any external event, impossible to predict by the Parties, the consequences of which could not have been prevented, particularly a natural disaster, terrorism, hostilities, violent riots, strikes, acts of public authority requiring subordination or introducing any restrictions, other common disturbances affecting many enterprises, including production disruptions not attributable to the Seller, or interruptions in the supply of electricity or other utilities.
14. Seller– Packhelp Inc., 3 Germay Drive, Unit 4 #2195, Wilmington, Delaware 19804, United States of America
15. Goods– refers to the goods sold by the Seller in accordance with these Terms of Service; specific information on the Goods is available under designated tabs on the Website.
16. Contract of Sale– refers to the Contract for the sale of the Goods concluded by way of an Order placed by the User and a confirmation of this Order by Seller; The contract of sale is concluded in accordance with the provisions of these Terms of Service between the Seller and the User, via the Website sales system, by e-mail, or in writing.
17. User– refers to an entity with full legal capacity using the Website, in particular whose name appears on the Order.
18. Order– refers to a declaration of will of the User leading directly to the conclusion of the Contract of Sale - containing its essential terms; Orders may be placed electronically via the Website sales system, by e-mail, or in writing. The User may place Orders only for the Goods and/or Services marked as available on the Website;
19. Print Expert Check - refers to the Services made available by the Seller, in accordance with these Terms of Service, to the Users who used the creator (graphic design) available on the Website for creation of the Goods covered by a particular Order, consisting in particular in: (i) checking of the images, fonts and design of the ordered Goods by the experienced Seller’s Print Specialist, and (ii) improving of the Goods’ project if necessary; specific information on the Print Expert Check and its scope are available under designated tabs on the Website.
20. Services - refers to the services made available by the Seller in accordance with these Terms of Service; specific information on the Services are available under designated tabs on the Website.
21. Services Contract– refers to the contract for the performance of Services concluded by way of an Order placed by the User and a confirmation of this Order by Packhelp; The contract is concluded in accordance with the provisions of these Terms of Service between the Seller and the User, via the Website sales system, by e-mail or in writing.
22. Packaging Toolbox – means the Services made available by the Seller to the Users who are not Consumers, in accordance with these Terms of Service, on the Website for creation of the packaging layouts, consisting in two modules: (i) dielines, and (ii) diecut layouts; specific information on the Packaging Toolbox and its scope are available under designated tabs on the Website.
23. Wallet– a digital wallet, in which Wallet Funds of the User are stored, visible to the User only if the Seller has allowed the User to use the Wallet and the Wallet Funds are still available for use and did not expire;
24. Wallet Funds – an amount allowing to cover the part respective Order Price, accessible in the User’s Wallet;
25. Template– means advanced graphic design consisting in shapes, fonts and/or other graphic elements, which may be used by the User and placed on the Goods in packaging editor within a particular Order;
26. Premium Template– means a Template, which final design as well as final price shall be individually agreed upon by the User and Packhelp via e-mail.
27. Pattern– means collection of repeated shapes and/or other graphic elements, which may be used by the User and placed on the Goods in packaging editor within a particular Order;
28. Premium Pattern– means a Pattern, which final design as well as final price shall be individually agreed upon by the User and Packhelp via e-mail.
Technical requirements
1. In order to use the Website, the User must meet the following technical requirements:
  1. have a device with Internet access and the ability to display the Website interface,
  2. have an updated browser in the latest version provided by the following producers: Microsoft Edge, Google Chrome, Mozilla Firefox, Apple Safari,
  3. enabled (at a minimum functional) cookies and installed appropriate browser add-ons that allow Java, JavaScript, Adobe Flash,
  4. software blocking the operation of the above programs must be disabled, and
  5. have an active e-mail account.
General Provisions
1. The Seller shall make these Terms of Service available to the User free of charge before the conclusion of the Contract of Sale and/or Services Contract, and, at his request, in a manner that allows accessing, reproducing and storing the content of the Terms of Service using the IT system used by the User.
2. These Terms of Service apply only to the services provided and the Goods sold by the Seller, for which he bears full responsibility.
3. Any deviations from these Terms of Service will bind User and the Seller only if they are agreed to in writing between the authorised representatives of the Seller and the User.
4. Employees of the Seller are not entitled to submit any statements regarding the Goods, unless the Seller confirms this in writing.
5. In the case of Users who are not Consumers, by concluding any Contract of Sale and by accepting delivery of Goods, the User agrees to not refer to any guarantees regarding the Goods which have not been confirmed in the above manner, i.e. in writing or not resulting directly from these Terms of Service.
6. It is prohibited to use the Website in a manner inconsistent with the provisions of these Terms of Service, applicable laws, rules of good practice and social conduct. The User is prohibited from providing unlawful content.
Account and other services provided electronically
1. Packhelp provides free services by electronic means to Users in the form of Website features, i.e. an interactive Goods creator, interactive forms, including Account registration, contact form, Newsletter and Account.
2. Contracts for the provision of electronic services may be terminated by the User at any time without providing a reason, in a manner stated here or in the further provisions of the Terms of Service. Contracts for providing services by electronic means, consisting of using forms, are concluded for a definite period and are terminated upon sending the form to the Seller, or ceasing to use them. The User may also opt out of interactive form services by refraining from using these services.
3. In order to create an Account and become a registered User, a registration process must first be carried out. As soon as You confirm the registration through the activation link sent to your e-mail address, a contract for the provision of electronic services for operating the Account is concluded for an indefinite period between You and the Seller.
4. When registering an Account, you confirm that you are a natural person at least 18 years of age, who can enter into legally binding contracts in accordance with the law, including that you have the authority to represent a legal person or an unincorporated organisational unit, to which the law grants legal capacity. The User further ensures that the information provided by him for the Account is true. Falsifying or omitting contact information, such as your name, address and/or telephone number, is not permitted when registering on the Website. Also, Users may not provide non-working telephone numbers. When using the Website, Users must comply with all applicable federal, state, and local laws.
5. During the registration process, You enter the password through which you then access the Account. You must protect your password and may not share your password with third parties. The Account is not transferable. You are required to ensure that your personal details entered in the Account, which are necessary to execute the Order, are up to date.
6. The User may terminate the Account contract at any time with immediate effect by sending such a declaration of withdrawal to the Seller. The termination is effective upon its receipt by the Seller. The termination of the services for operating the Account agreement does not affect the concluded Contract of Sale.
7. The Seller may terminate the Account contract at any time with immediate effect, in the event of a gross or culpable violation by the Account owner of the provisions of these Terms of Service, or any other legitimate reason that makes it impossible to continue the contract for the provision of electronic services.
8. If You are a registered User with the Account and decide to use Packaging Toolbox You may access an archive of files generated via Packaging Toolbox.
Orders and conclusion of the Contract of Sale
1. All Goods are offered for sale depending on availability and depending on the acceptance of the Order by the Seller.
2. Orders may only be placed by persons who have an Account on the Website.
3. Orders may be placed using the form available on the Website. After submitting the Order, an e-mail will be sent to the User confirming the submission of the offer to the address indicated on the form. This confirmation does not conclude the Contract of Sale and/or Services Contract.
4. In the case of Orders placed via the automated ordering system available on the Website (i.e. those for which the User has the option of placing an Order without the need to contact the Seller directly via the contact form available on the Website), by placing an Order, the User submits to the Seller an offer to conclude a Contract of Sale for the Goods and/or Services Contract for the Services selected by him, on the terms specified by him in the Order. The Contract of Sale and/or Contract for the Services is concluded once the Seller accepts this offer, upon receipt by the User of the confirmation and acceptance by the Seller of the terms of the Order, sent via e-mail by the Seller to the e-mail address provided by the User in the Order.
5. For the Orders that require action outside the automated ordering system available on the Website (i.e. those for which the User has the option to place an Order only after direct contact with the Seller via the contact form available on the Website), the following provisions shall apply:
  1. by placing an Order, the User submits to the Seller an offer to conclude a Contract of Sale for the Goods and on the terms specified by him in the Order;
  2. after Packhelp sends an e-mail confirming receipt of the Order, the User interested in the Order is obliged to make the payment for the placed Order on the terms specified in these Terms of Service. Failure to make the payment within 14 days from the date of receipt of the e-mail from Packhelp confirming the acceptance of the Order, will be tantamount to canceling the offer submitted by the User to conclude the Agreement referred to in point a) above;
  3. after Packhelp has received clear funds from the payments referred to in point a) above, Packhelp will send to the User's e-mail address provided by the User in the Order a notification about the acceptance of the Order for execution, which constitutes a declaration of acceptance of the offer. The notification of acceptance of the Order will indicate the sequence of activities to be performed in connection with the production process of the Goods, including the expected date of execution of the Order. Packhelp reserves that the indicated Order completion date may be extended in a situation where the deadline for confirming the graphic design by the User, which is the basis for the Order, exceeds 72 hours from the moment Packhelp sends the User the grid for the overlay of the graphic design. In addition, if the confirmation of the graphic design by the User, which is the basis for the implementation of the Order, exceeds 2 weeks from the moment Packhelp sends the user a screen for the imposition of the graphic design, Packhelp reserves the right to recalculate the Price, but the lack of payment of the Price in the new amount by the User within 7 days from the date of sending the information about the Price recalculation, it is tantamount to the cancellation of the Order by the User and withdrawal from the Contract of Sale;
  4. the Contract of Sale is concluded once the Seller accepts this offer;
  5. due to the technological process, the quantity of the produced Goods may differ from the quantity ordered, and the information on the acceptable tolerance of the quantity will be provided by the Seller in an e-mail confirming the acceptance of the Order referred to in point b) above. In the event of producing a smaller quantity of Goods than ordered, the Seller shall immediately issue an appropriate corrective invoice and refund the difference to the User. In the event of producing more Goods than ordered, the User will be obliged to collect more and pay the appropriate amount, on the terms set out in point b) above. In such an event, this will be discussed with Customer in advance;
  6. the User is entitled to terminate the Contract of Sale with immediate effect. The declaration of termination of the Contract of Sale should be submitted to the Seller via e-mail to the address indicated in the Terms of Service. Receipt of the declaration of termination of the Contract of Sale will be confirmed by the Seller via e-mail. In the event of termination of the Contract of Sale by the User, the User is obliged to pay to the Seller all costs incurred by Packhelp in connection with the implementation of the Order until the date of sending the User the confirmation of receipt of the notice of termination. In the event of termination of the Contract of Sale, the Seller will provide the User with the Goods being the subject of the Order, manufactured by the date of sending the User confirmation of receipt of the notice of termination, as of the date of confirmation of receipt of the notice of termination, and the delivery of such Goods will take place on the terms set out in these Terms of Service;
  7. in the event that in order to manufacture the Goods, it will be necessary to prepare new Production Tools firstly, the Seller shall inform the User of this fact in an e-mail confirming the acceptance of the Order referred to in point b) above, and the User will be obliged to cover the cost of their preparation. The Seller is obliged to store the Production Tools for a period of 1 year from the date of placing the Order. After the indicated deadline, the Seller is entitled to remove or dispose of the Production Tools.
6. In the event of refusal to accept the Order placed by the Consumer by the Seller, the Seller is required to state the reason for such refusal. In the case of Users who are not Consumers, the Seller reserves the right to reject the Order without giving a reason.
7. The Seller is constantly improving the products and reserves the right to change the specifications of any Goods without prior notice, except for Orders already placed. The delivered Goods may therefore differ due to multi-standard color systems, particularly the international RGB screen color system and the color printing system used by Packhelp. In addition, there may be slight differences in color shades between the Goods (also within one batch), depending on the raw material used for production. The dimensions of the delivered Goods may differ from those provided on the Website, however he information on the acceptable dimensions tolerance for individual Goods is available in the dedicated tabs of the Website.
8. The Seller will make every effort to depict and describe the colours printed on the Goods presented on its Website as accurately as possible, however, we cannot guarantee that the colours of the delivered Goods will accurately reflect those displayed on the User's monitor. Moreover, the Seller will make every effort to depict design and graphics on the Goods as accurately as possible; however, due to printing techniques used during the process, the Seller cannot guarantee that slight (not more than 5 mm) technical shift in print will not occur – such shift shall not give rise to complaint. The Seller is not responsible for: (i) the graphic made on the Product by the User in the creator (graphic design) available on the Website; (ii) effect of the Print Expert Check, in particular if it does not correspond to the virtual project made by the User in the creator; as well as (iii) errors in the Goods, in particular misspellings and/or errors in design, if the User accepted changes made in the Goods during Print Expert Check.
9. If the User’s Order includes Services consisting in Print Expert Check, such Print Expert Check shall cover indicated Goods included in such Order, unless the Order placed in accordance with clause 5 par. 5. states otherwise.
10. Print Expert Check will be performed before the Goods are sent to production.
11. The Print Expert Check cannot be performed more than once on the same Goods. In case of reordering of the same Goods, the Print Expert Check will not be available.
12. The User will be informed on completion of the Print Expert Check in an appropriate e-mail message, indicating detailed description of the performed Print Expert Check. The User shall either accept or reject the modifications introduced to the Goods during Print Expert Check on the day the User received e-mail message on completion of the Print Expert Check or within this term send graphic files in the format and definition indicated in the message. Date of production completion as well as date of Goods delivery may be appropriately changed, if the User does not accept nor reject the modifications nor does not send files consistent with the Print specialist guidelines on the day the User received e-mail message on completion of the Print Expert Check and such change of the date shall not give rise to compliant not the Seller liability.
13. If the Print Expert Check was included in the Order, clause 5 par. 7 and 8 still apply accordingly.
14. In order to correctly perform the Order, the Seller reserves the right to always check the Goods ordered by the User by a Printing specialist, also in the event that the User's Order did not include this service. In such a case, the checking by a printing specialist will be performed according to the terms specified in clauses 5.8 - 5.12. The User is obliged to accept or reject the changes of the printing specialist or send correct graphic files in accordance with clause 5 par. 11.
15. While placing the order, before clicking on the "Order and pay" button, the User can detect and correct errors and modify the Order through the Website sales system.
16. After clicking on the "Order and pay” button, a User who is not the Consumer may only correct the invoice data by sending the Seller a correction note, prior to the Goods being dispatched. A User who is a Consumer may inform the Seller about the necessity to change the invoice data prior to the Goods being dispatched, by direct, immediate (telephone or e-mail) contact with the Seller. A Consumer may not, after placing the Order, request the Seller to change the data by issuing an invoice for his business activity.
17. The User is not allowed to make any changes to the Order placed via the automated ordering system available on the Website after its submission. In the event of the Orders placed in a manner stipulated in clause 5 par. 5. above, the User can report other modifications than indicated in clause 5 par. 16 above, but is obliged to pay to the Seller any costs that Packhelp has incurred in connection with the implementation of the Order until the changes are reported by the User. Packhelp is entitled to make the commencement of production conditional, in accordance with the new guidelines indicated by the User, on the User's reimbursement of costs incurred in connection with the execution of the Order. Making any changes to the Order after the Order was made may result in respective delays of Order processing what the User will be informed about by the Seller.
18. Subject to clause 5 par. 11 above, the maximum processing time for Orders placed by Consumers is available under designated tabs on the Website. The Order processing time does not include delivery time.
19. In the event a User places multiple Orders or place Orders in the manner stipulated in clause 5 par. 5 above, the Seller will strive to execute the Order and produce the Goods on the date specified for each type of Goods. However, the execution time depends on the type of Goods and the decision of the Seller will depend on combining the same type of goods in separate shipments. Each package of Goods will be shipped separately via a courier, unless otherwise indicated in the Order confirmation, as soon as production is finished. All delivery dates specified are approximate, and the Seller is not responsible for delay in delivery of the Goods, regardless of the reason, including any losses or expenses incurred by the User.
20. The Order shall be executed only after the User has paid the Seller the full price for the Goods and/or Services indicated in the Order, in accordance with the provisions of clause 6 below, unless the User uses a Deferred Payment option, where available.
Price and Payments
1. At the time of concluding the Contract of Sale in accordance with the provisions of clause 5 of these Terms of Service, the User is required to pay the Seller the amount of the Order. The amount stated in the Order constitutes the total amount that the User will be required to pay for Contract of Sale, along with the due tax and delivery costs, unless otherwise indicated by the information provided by Packhelp. Packhelp, in justified cases, may separately add delivery costs, informing the User about this fact in advance.
2. The sales tax will be added to the final value of the Order, typically at the time of checkout, according to the applicable state rate. However the invoice may be issued by the Seller only after verifying the active status of the VAT number issued by the EU Member State in the VIES system to a foreign User who is not a Consumer (in the case of Users located in the European Union).
3. Users are responsible for all taxes, including sales, and/or other fees applicable in the territory to which the Goods are sent (including VAT, where appropriate).
4. The total Order Price is calculated according to the choices made by the User in the Order form, in accordance with the rates stated therein. The binding price is shown to the User in the summary of the Order at the time of sending it to the Seller.
5. If the User uses a Pattern within a particular Order, payment for a particular Pattern does not result in saving of the Pattern in User’s Account. Payment for use of Pattern is charged for each Good in each Order. If the User places another Order within which User uses the same Pattern once again, User is obliged to make a payment for use of such Pattern once more.
6. If the User uses a Premium Pattern within a particular Order, price for use of such Premium Pattern shall be individually agreed on between Packhelp and User via electronic e-mail. Clause 5 above applies.
7. If the User uses a Template within a particular Order, payment for a particular Template does not result in saving of the Template in User’s Account. Payment for use of Template is charged for each Good in each Order. If the User places another Order within which User uses the same Template once again, User is obliged to make a payment for use of such Template once more.
8. If the User uses a Premium Template within a particular Order, price for use of such Premium Template shall be individually agreed on between Packhelp and User via electronic e-mail. Clause7 above applies.
9. The User may choose one of the following forms of payment: (a) via PayPal, Inc., or (b) via electronic payment through Stripe, Inc.
10. The User is required to send the payment for the Order promptly, no later than within 7 (seven) days from the date of concluding the Contract of Sale.
11. The User undertakes that all data provided to the Seller for the purpose of the Order and its delivery is correct and that he has sufficient financial resources to cover the full cost of the ordered Goods.
12. Invoices used as proof of purchase will be sent to the User by e-mail to the e-mail address provided in the Order in the form of a pdf file.
Deferred Payment
1. The Seller reserves the right to grant selected Users who are not Consumers, in relation to all or some of their Orders, the option to use deferred payment ("Deferred Payment"), on the terms stipulated in this clause 7.
2. The Seller will inform the User about granting the possibility to use the Deferred Payment and about proposed terms of Deferred Payment, providing the payment schedule ("Schedule"), made available to this User who is not a Consumer. The use of the Deferred Payment is also possible after individual arrangements between Packhelp and the User, with the provision that Packhelp is not related to the User's application to use the Deferred Payment.
3. A User, who makes use of Deferred Payment is required to make payments in the amounts and on the dates specified in the Schedule, by using one of the payment options specified in the Terms of Service.
4. The Contract of Sale with the User using the Deferred Payment is concluded with the sending by Packhelp of the notification of acceptance of the offer. Goods are delivered to Users who use Deferred Payment only after the first payment according to the Schedule is made by the User.
5. In the event of a late payment of the amounts due under the Schedule by a User using Deferred Payment, the Seller will have the right to demand from the using Deferred Payment, interest for late payment in commercial transactions in the maximum amount permitted by law.
6. Any delay in payment of the amounts due under the Schedule by a User who is not a Consumer, using Deferred Payment, may result in the termination of the User's option to use Deferred Payment in the future.
Wallet
1. The Seller reserves the right to grant selected Users who are not Consumers the possibility to use the Wallet on the terms set out in clause 8 of the Terms of Service. Users who will be entitled to use the Wallet will be informed about it by making such an option available in the User's panel.
2. Upon payment of the full Order Price, the User will receive Wallet Funds allowing to cover part of the Order Price in the amount indicated by Packhelp in a given Order, only if:
  1. amount of the chargeback returned to the User upon making a payment of the full Order Price is worth more than USD 1 (one);
  2. the Order contains items other than a sample pack;
  3. the Order is placed without using a promo code.
3. Amount of the Wallet Funds shall depend on the amount of the Orders paid for by the User (further referred to as the “Orders Counter”) counted within the period established by Packhelp (further referred to as the “Timer”). The method of calculating Wallet Funds, their amount for a given Order and Timer are specified on the Website and available for viewing on the Account.
4. Should the User place any Order within the period no longer than the Timer, counted from the last Order, the Orders Counter shall increase, and the Timer shall be reset.
5. If User pays for the Order placed with the use of the promocode, the User cannot use the Wallet Funds. If User pays for the Order placed with the use of the promocode the User will also not receive Wallet Funds, the Timer shall be reset, but the Orders Counter shall increase.
6. If User pays for the Order consisting in the sample pack the User will not receive Wallet Funds, the Timer shall not be reset, and the Orders Counter shall not be increased. Sample packs are not counted as Orders.
7. If the User effectively cancelled the Order, the amount of the Wallet Funds used to pay for such Order shall be returned to the User.
8. User will still receive Wallet Funds if the Order Price was fully or partially covered by the Chargeback.
9. Wallet Funds are accessible in the User’s Wallet for no longer than period indicated on the Website and counted from the last Order, excluding Order consisting in the sample pack.
10. Wallet supports multiple currencies. Wallet Funds are available in multiple currencies.
11. We can provide a User with Wallet Funds in the amount indicated by Us on other terms than indicated above. Validity deadline of Wallet Funds shall be each time provided by Packhelp and may be changed until User uses such Wallet Funds. We reserve the right to change amount of the Wallet Funds or to cancel them until User uses such Wallet Funds. You will be immediately notified by Us on any changes concerning Your Wallet Funds as well as on its cancelation.
12. Granting Wallet Funds shall not be deemed or in any way considered a game of chance, outcome of which depends on coincidence - within the meaning of any relevant, Consumer law.
Delivery
1. Orders are delivered to the territories indicated on the Website.
2. Deliveries are made via courier companies indicated in the Order.
3. The User will be informed each time about the expected date of execution and delivery of the Order. Packhelp, for an additional fee, is entitled to execute the Order and its delivery on preferential terms, i.e. at an earlier date, which requires appropriate arrangements by the Parties. The delivery on preferential terms is not possible in the case of Orders placed in accordance with clause 5 par. 5. above.
4. The User is required to inspect the Goods on delivery, in particular its amount, and if the Goods were delivered by a courier, the User should sign the Goods delivery receipt. When receiving the package, the User should verify, in the presence of the courier, whether the packaging has not been damaged during transport and whether the contents of the package are consistent with the Order, including if the Goods amount is correct. In the event that the contents of the package are inconsistent with the Order, receipt or sales tax invoice, or if the Goods have been damaged, the User should file a report in accordance with the procedures of the courier company. The report should be signed by or on behalf of the User and the carrier. In the case of Consumers, filing a report is not mandatory for the complaint reviewing process, it is only aimed at streamlining the process.
5. In the case of Users who are not Consumers, the protocol and/or other delivery document signed by the User and the carrier’s representative will constitute conclusive evidence against the User in relation to the quantity of the Goods indicated in the documents, free of any visible defects, damages or other physical flaws, including damages caused during the transport. A User who is not Consumer shall have no rights deriving from the warranty, if the User did not inspect the Goods on delivery and did not notify the Seller on defects, inconsistency with the Order, including incorrect amount of Goods, on the day of delivery at the latest. With regard to latent defects that could not be identified during the collection, at the latest within 5 Business Days from the date of receiving the Goods. If the Goods are susceptible to damage or defects during delivery, a description of the damage or defect found must be made in writing at the time of delivery and signed by or on behalf of the User and the carrier’s representative.
6. The User who is not a Consumer may not refuse acceptance of the Goods or any part thereof solely for the reason of partial delivery.
7. The Seller reserves the right to deliver the Goods in separate shipments. If the Goods are to be delivered in separate shipments, each delivery will constitute a separate Contract of Sale.
8. If the User fails to collect the Goods after the period of time specified in any delivery attempt or package hold receipt issued by the carrier, resulting in the Goods being returned to Seller, the Seller shall issue a refund, less shipping and handling fees, for the Goods, provided they were purchased as out-of-the-box Goods (i.e. not customized or User otherwise did not take advantage of additional services offered by Seller.) In the event of customized Goods or the use of the Seller services, no refunds shall be granted.
9. In the case of Orders placed in accordance with clause 5 par. 5. above, the Seller Is obliged to inform the User about the possible delay in the delivery of the Goods. The delay in deliver the Goods for a reason beyond the Seller’s control is not incorrect performance of the Contract of Sale and cannot be the basis for claims against the Seller.
10. In the case of Orders placed in accordance with clause 5 par. 5. above, the Goods being the subject of the Order will be prepared for delivery and packed in accordance with Packhelp's technical requirements and conditions, in accordance with the implemented Packhelp quality procedure, unless otherwise resulting from individual arrangements made between the Seller and the User, and indicated in the Offer or made electronically, no later than 3 (three) Business Days. Working days before the planned date of completion of the production of the Packaging.
11. In the case of Orders placed in accordance with clause 5 par. 5. above, the User is obliged to inform Packhelp about circumstances that may affect the costs for the delivery of the Packaging, in particular about non-standard delivery times or the need to bring the Packaging. The User, who is not a Consumer is obliged to reimburse Packhelp for additional delivery costs resulting from non-standard delivery parameters. Packhelp will inform the User who is not a Consumer about the additional delivery costs within 14 days from the date of delivery. The User is obliged to refund the amount due within 7 days from receipt of accounting documents from Packhelp.
Packhelp Warranty Service
1. In the case of Orders placed via the automated ordering system available on the Website, the User concluding the Contract of Sale is entitled to use the additional Packhelp Warranty service as part of the Order placed. The conditions of Packhelp Warranty Service are specified in this clause 10 of the Terms of Service.
2. The Packhelp Warranty service is used by selecting the appropriate option while placing the Order. Take advantage of Packhelp Warranty service is also possible after placing an Order and concluding a Contract of Sale via the Account.
3. The Packhelp Warranty service provides the User with the implementation of the Contract of Sale on preferential terms, in relation to the terms of the Sales Agreement specified in these Terms of Service, i.e. :
  1. the application of the rights and obligations indicated in clause 11 par. 1 of the Term of Services is excluded and the following rights and obligations are granted to the User:
    1. “If the Goods are to be sent by the Seller to the User who is not a Consumer, the risk of accidental loss or damage to the Goods shall be transferred to the User who is buyer upon their delivery to the User.”
  2. the application of the rights and obligations indicated in clause 13 par. 1 and 2. of the Term of Services is excluded and the following rights and obligations are granted to the User:
    1. “The Seller provides Users with Goods in accordance with the Contract of Sale. The Seller is liable to the User if the Goods have a physical or legal defect (warranty) for a period of thirty (30) calendar days. If the Goods have a defect, the User may submit a declaration requesting a price reduction or withdrawal from the Contract of Sale, or request the replacement of the defective Goods with a defect-free one or removal of the defect.”
  3. the application of the rights and obligations indicated in clause 13 par. 4 of the Term of Services is excluded and the following rights and obligations are granted to the User:
    1. “The Seller responds to the Consumer's request within 2 (two) Business Days. The Seller shall notify the User about the consideration of the complaint and its result in a message sent to the address provided by the User in the complaint.”
Risk and ownership transfer
1. If the purchased item is to be shipped to a User who is a Consumer, the risk of accidental loss or damage to the Goods is transferred on to the buyer upon its delivery to the User. In other cases, the risk of accidental loss or damage to the Goods is transferred to the User upon the release of the Goods to the carrier.
Returns of goods or refunds and the right to withdraw
1. Users shall have no right to withdraw in any circumstance unless expressly agreed by us on a case-by-case basis.
Complaints
1. The Seller shall provide the Consumers with Goods in accordance with the Contract of Sale. The Seller is liable to the Consumer if the Goods have any physical or legal (warranty) defects for a period of thirty (30) calendar days. If the Goods are defective, the Consumer may submit a statement requesting price reduction or withdrawal from the Contract of Sale, or request replacement of the defective Goods with ones free from defects, or request repair of the damage.
2. The warranty is valid for Consumers only. The User who is not a Consumer and the Seller hereby indemnify each other against liabilities for warranties against defects, subject to the defects found upon delivery of the shipment, referred to in clause 9 par. 4 and 5 and hidden defects, referred to in clause 9 par. 5. of the Terms of Service.
3. Complaints with regards to warranty should be submitted to the following address: [email protected], Packhelp Inc., 3 Germay Drive, Unit 4 #2195, Wilmington, Delaware 19804, United States of America and in the case of Orders placed in accordance with point 5 par. 5. To the following e-mail address: [email protected] or to the e-amil address of the Customer Assistance. In order to streamline the complaint process, the Goods, which are the subject of the complaint should be sent together with the proof of purchase and the complaint (indicating the person submitting the complaint, and a request to consider the complaint specifying the method and describing the Goods defect).
4. Users' complaints should contain at least the following information: description of the reason for the complaint, number of defective Goods, photos or recordings of defective Goods in a format readable by the Seller.
5. The Seller reserves the right to request the User to provide additional explanations necessary to consider the complaint, and if necessary, may request the return of the delivered Goods to investigate the complaint. If it is required to examine the Goods, the User is obliged to release the Goods covered by the complaint on the terms agreed individually by the Parties. If the need to return the Goods being the subject of the complaint, the User is obliged to properly protect the Goods before their release to the carrier. A User who is not a Consumer bears the risk of improperly securing the Goods against damage and the risk of losing them until they are released to the Seller. The costs of returning the delivered Goods shall be borne by Packhelp, unless the User has not complied with the terms of the complaint, in particular, has not submitted a complaint within the time limit specified in these Terms of Service.
6. The Seller shall respond to the Consumer's request within 14 (fourteen) days. The Seller shall notify the User of the complaint consideration process and its outcome in a notification sent to the address provided by the User in the complaint.
7. The complaint procedure concerns services provided electronically by the Seller. Complaints regarding services provided electronically may also be submitted via following link: https://packhelp.com/en-us/contact/.
8. The Seller does not provide guarantee of the Goods, and therefore only the above-stated Seller’s warranty may give rise to complaints. Seller expressly disclaims all other warranties implied by law or contract, including but not limited to warranties of merchantability and fitness for a particular purpose.
Limitation of the Seller's liability to Users; Indemnification by Users
1. In no case shall Packhelp Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website or any Goods or services procured using the Website, or for any other claim related in any way to your use of the Website or any Good or service, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. SELLER’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF PACKHELP’S AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, PARENTS, SUBSIDIARIES, AGENTS, THIRD-PARTY CONTENT PROVIDERS AND/OR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US FOR THE NET CONTRACT PRICE (EXCLUDING TAXES AND FREIGHT) FOR SUCH GOODS OR SERVICES, OR (B) ONE HUNDRED U.S. DOLLARS AND NO/CENTS ($100.00,) WHICHEVER IS GREATER. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
2. Under no circumstances shall any third party being a marketing partner or affiliate of Packhelp (e.g. Facebook) be liable to any User in connection with the services provided on behalf of Packhelp.
3. Indemnification: Users agree to indemnify, defend and hold harmless Seller and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Intellectual Property
1. This Website is owned and managed by the Seller. Unless otherwise stated on the Website, Packhelp holds the copyright to all content contained therein. The content includes: text, graphics, logos, audio clips, trademarks, software server information and other information on the site. All rights to the content, services and information about the server are reserved. Any changes made to the content on the site by a third party constitute a breach of Packhelp's copyright. In addition, the Packhelp Website may contain further information about intellectual property rights and copyrights, the terms of which must be observed.
2. No information contained on the website shall be interpreted as granting, whether by implication, estoppel or otherwise any license or right to use the Website or any information displayed on it, except: (a) in a manner expressly permitted by these Terms of Service; or (b) after obtaining prior written consent of Packhelp or the prior written consent of a third party who owns the trademark or copyright to the information displayed on the Website.
3. The User shall understand that the express condition of having an Account is to use it in a way that does not violate the intellectual property rights of others in any way. The Seller reserves the right, with or without prior notice, to immediately delete the account of any User who infringes on the copyright or other intellectual property rights of any third party and remove all infringing materials from the Website.
4. The User hereby consents to the use of the image of the Goods purchased on the Website, including trademarks and other elements identifying the User, in social media and other promotional and publication materials of the Seller. At the same time, the User waives all claims (existing and future), including for payment from the Seller for using images of Goods for the needs specified in this clause 15 par. 4.
5. Packhelp respects the intellectual property of other Entities. If you are a third party and believe that your copyright has been infringed, please contact us with the following information (including for purposes of the U.S. Digital Millennium Copyright Act (DMCA):
  1. an electronic or physical signature of a person authorised to act on behalf of the owner of the copyright;
  2. a description of the copyrighted work that you believe has been infringed; a description of the location of the material in question on the Packhelp website;
  3. address, telephone number and e-mail address;
  4. a statement that the breach allegation is based on good faith;
  5. a statement that the information that has been provided is accurate and that you own the copyright or are authorised to act on behalf of the copyright owner.
  6. The User allows the Seller to record images through photography (traditional or digital) of the Goods, or their graphic design, including the layout and logo to which the User has the rights, and the User at the time of placing the Order grants to the Seller a free, non-exclusive, time and territorially unlimited license for the use of the logo located on the Goods, as well as the graphic materials placed by the User on the Goods (including making adaptations or alterations) in the Seller's marketing materials, including reproduction and publication on the Seller's website, in social media or in printed materials.
6. The User is obliged to ensure that the marking of the Goods complies with the regulations of each country in which the Goods will be placed on the market. The Seller's liability in this respect is excluded to the fullest extent permitted by law.
7. Please be aware that if You use Packaging Toolbox all generated files, including layouts shall not be subject of any transfer and/or encumbrance made by You to the benefit of any third parties.
8. Packhelp does not give legal or compliance advice, and Users who believe their intellectual property has been violated should speak with legal counsel to determine their rights, such as under the DMCA. Please see copyright.gov.
9. If, at Seller’s request, a User sends certain specific submissions (for example contest entries) or without a request from Seller User sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that User forwards to Seller. 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 determines in its 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.
10. Users agree that User comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. Users further agree that User 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 Website or any related website. User may not use a false e-mail address, pretend to be someone other than itself, or otherwise mislead Seller or third-parties as to the origin of any comments. Users are solely responsible for any comments Users make and their accuracy. Seller take no responsibility and assume no liability for any comments posted by Users or any third-party.
Notifications
1. All notices provided or submitted under the Contract of Sale shall require a written form (other than those displayed on a computer screen or other similar device, which for the purposes of this condition shall not be considered as written).
2. Notifications submitted to the Seller should be directed to the address given in clause 1.14, and notifications submitted to the User should be directed to the address provided in the Order. Such directed notifications will be considered delivered or executed as follows, unless otherwise provided by relevant law:
  1. in the case of regular mail – three Business Days from the date of posting; or
  2. if sent by priority post - after two full Business Days from the date of posting.
3. The Seller and the User shall inform each other about any changes to their name or address for the purposes set out in this clause.
4. This condition does not apply to the official delivery of any court papers or other documents in connection with any disputes arising from the Contract.
Applicable law and jurisdiction
1. The use of our Website, Contracts of Sale and Terms of Service shall be governed and construed in accordance with the laws of the state of Delaware, without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts located in Delaware, and any cause of action that relates to or arises from the use of our Website, a Contract of Sales, or these Terms of Service must be filed therein.
Newsletter
1. The newsletter subscription service is provided free of charge by the Seller to the User who provides voluntary consent.
2. In order to subscribe to the Newsletter, the User:
  1. registers on the Website by selecting the appropriate option when signing in on the Website, or
  2. fills in one of the forms (in the Footer, Header, as a Modal, Exit Intent or in the User Panel) on the Website, providing his e-mail address and confirming necessary consents, Terms of Service as well as Privacy Policy, or
  3. fills in a segmentation form, subscribe form or quote request by selecting the appropriate option when submitting the form.
3. Upon completing the subscription form for the Newsletter and sending it, a contract for the provision of the newsletter service for an indefinite period is concluded between the Seller and the User.
4. The User may at any time terminate the contract for the provision of the Newsletter service by deactivating the subscription. To unsubscribe from the newsletter, the User must click on the deactivation link, located in the footer of every Newsletter message sent, or by sending such a declaration of will to the Seller.
5. The consent to receive commercial information by electronic means sent by the Seller is voluntary and the User may withdraw this consent at any time.
Changes to the Terms of Service
1. The Seller may make changes to these Terms of Service at any time in its sole and exclusive discretion by emailing registered Users and posting a notice to the Website. Unless otherwise noted, changes to these Terms of Service shall have immediate effect.
2. Orders placed before the amendments to the Terms of Service enter into force are processed in accordance with the previous version of the Terms of Service.
3. In the event of a change to the Terms of Service, the provisions of the Terms of Service in force on the day of concluding the Sales Agreement shall apply to the Sales Agreements concluded before the effective date of the new version of the Terms of Service. For the avoidance of doubt, the new wording of the Terms of Service shall apply to all Agreements, including Sales Agreements concluded after the effective date of the Terms of Service.
Final Provisions
1. None of the provisions of these Terms of Service may be interpreted in a way that would limit the rights of the Consumers to comply with applicable law.
2. If the Seller does not exercise the right or entitlement or waiver when able to do so, it will not prevent the right or entitlement from being exercised in the future. If the Seller does exercise the right or entitlement or waiver, he may do so again in the same or in a different manner.
3. The rights of the Seller and the User, as well as legal remedies under the Contract are supplementary, and do not wave all other rights and claims.
4. If any of the provisions of the Contract turn out to be invalid, violating public order or unenforceable by the court competent for the appropriate jurisdiction, and it will be legally established after exhausting all available appeals, this provision will then be modified to the extent necessary to make it valid and enforceable. If such a provision cannot be modified in the above manner, it shall be deemed as removed from the Contract of Sale in its entirety, and the remaining part of the Contract of Sale shall remain in force.
5. Due to intermittent disruptions in public networks, such as the Internet, the Seller cannot guarantee that the Website will be available 100% of the time. Although the Seller makes every effort to ensure a workable website, possible interruptions and delays in access to the website are unavoidable, and in the case of Users who are not Consumers, the Seller does not bear any responsibility for damages resulting from the above problems.
6. Information on the Packhelp website may contain technical inaccuracies or typographical errors. The Seller makes every effort to ensure that his descriptions are as accurate as possible, but he cannot guarantee that the content of the Packhelp site is accurate, complete, reliable, current, or free of errors.
7. A link to a website other than Packhelp does not mean that the Seller accepts any responsibility for the content or use of such Website. It is up to the User to take precautions to ensure that all manner of its use is free of such elements as viruses, computer worms, Trojan horses, and other destructive programs.
8. The User undertakes to release the Seller and his third party affiliates, employees, agents, representatives and service providers from the responsibility, and protect them against all claims and obligations (including legal costs) that may arise from the wrongful use of the Website by the User, and/or from the unauthorised use of materials obtained via the Packhelp website, and/or from the User's breach of the Contract of Sale, as well as any other loss or damage of any kind suffered by the Seller due to the User's wrongful use of the Website.
9. In any matter, in particular regarding the Website or our business operations, you can contact us by mail (sending a letter to the address of our U.S. office in Delaware) or by sending a message via https://packhelp.com/en-us/contact/
10. In order to tailor the content and services to the individual needs and interests of the Website Users, our Website uses cookies, i.e. information stored by the server on the User's computer, which the server can access every time you connect from this computer. Please be advised that Users may disable the cookies on their browsers at any time, however, this may cause difficulties in using the services of the Website and the ability to place orders.
11. In matters not covered by these Terms of Service, the laws of the state of Delaware shall apply.
12. Any doubts arising from the interpretation of these Terms of Service should be interpreted in a way that ensures compliance of these Terms of Service with the mandatory provisions of law.