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WHOLEPACKS | Terms of service



The following Terms of Service is a legally binding agreement that shall govern the relationship with our users (hereinafter referred to as "User", "You", "Your", "Client", "Member"), suppliers and others which may interact or interface with WholePacks Group, also known as WHOLEPACKS and our subsidiaries and affiliates, with the use of wholepacks.com and its Services which shall be defined below.

It is your responsibility to carefully read these Terms of Service before using the Website. Use of the WHOLEPACKS Website also requires the acceptance of our Privacy Policy (available at wholepacks.com/s/privacy-policy ). If you do not accept the Regulations, you may not use 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 by email at: hello@wholepacks.com

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

Any and all visitors to our site, despite whether they are registered or not, shall be deemed as "User" of the herein contained Services provided for the purpose of this Terms of Service. Once an individual register's on our website, though the process of creating the account, the User shall then be considered a "Client".

The User and/or Client acknowledges and agrees that the Services provided and made available through our website and applications are the sole property of WHOLEPACKS. At its discretion, WHOLEPACKS may offer additional website Services and/or products, or update, modify or revise any current content and Services, and Regulations shall apply to all additional Services and/or products and all updated, modified or revised Services unless otherwise stipulated. WHOLEPACKS does hereby reserve the right to cancel and cease offering any of aforementioned Services and/or products. You, as the User or Client, acknowledge, accept and agree that WHOLEPACKS shall not be held liable for any such updates, changes, modifications, revisions, suspensions or discontinuance of any our Services and/or products. You continued use of the Services provided, afters such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes, and/or modifications, and as such, frequent review of Regulations and any applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree with the updates, revised or modified terms, you must stop using the provide Services after payment and delivery of the last Order made by you before such updates, revised or modified terms.

Furthermore, the User or Client understands, acknowledge an agrees that the Services offered shal provided "AS IS".

1.Definitions

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.

Business days – weekdays from Monday to Friday;

Written form - also includes e-mail messages clearly specifying the name of the sender and recipient, unless the Regulations state otherwise.

Account - a service provided electronically; a personalised User 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.

Entity – refers to any natural or legal person, as well as an unincorporated organisational unit, to which the law grants legal capacity.

Privacy Policy - a document regulating the security of privacy protection and the processing of the User's personal data; The Privacy Policy constitutes an integral part and an attachment to the Regulations, available at this address wholepacks.com/s/privacy-policy.

Regulations – refers to these Term of Service along with the Privacy Policy. User – refers to an entity with full legal capacity using the Website, in particular whose name appears on the Order.

Order – refers to a declaration of will of the User leading directly to the conclusion of the Contract of sale and containing its essential terms; Orders may be placed electronically via the Website sales system, by e-mail, or in writing 24 hours a day, 7 days a week throughout the year, with the reservation that their processing takes place on Business Days from 9.00 to 18.00.

Supplier - the manufacture that produce or supply packaging materials that are provided on wholepacks.com.

2.Technical requirements

2.1.In order to use the Website, the User must meet the following technical requirements:

2.1.1.have a device with Internet access and the ability to display the Website interface,

2.1.2.have an updated browser in the latest version provided by the following producers: Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, Apple Safari,

2.1.3.enabled cookies and installed appropriate browser add-ons that allow Java, JavaScript, Adobe Flash,

2.1.4.software blocking the operation of the above programs must be disabled,

2.1.5.have an active e-mail account.

3.User conduct


3.1.1.You agree not to transmit to WHOLEPACKS any information or post, email, or otherwise make any Submission of User Content that:

3.1.2.is unlawful, abusive, harassing, harmful, threatening, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;

3.1.3.is pornographic or depicts a human being engaged in sexual conduct;

3.1.4.harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, race gender, sexual orientation, ethnicity, age, or disability;

3.1.5.impersonates any person or entity, including, but not limited to, a WHOLEPACKS employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;

3.1.6.that includes personal or identifying information about another person without that person's explicit consent;

3.1.7.is false, deceptive, misleading, or deceitful;

3.1.8.infringes any trademark, copyright, patent, trade secret, or other proprietary rights of any party, or is a Submission that you do not have the right or authority to make available pursuant to any law or under any contractual duty or fiduciary relationship;

3.1.9.that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;

3.1.10.constitutes or contains any form of advertising or solicitation if posted in areas of the Website which are not designated for such purposes or emailed to WHOLEPACKS users who have not indicated in writing that they consent to your contacting them about other services, products or commercial interests;

3.1.11.advertises any illegal service;

3.1.12.contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

3.1.13.disrupts the normal flow of dialogue with an excessive amount of Submissions (flooding attack) to the Website, or that otherwise negatively affects other users' ability to use the Website;

3.1.14.that employs misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of Submissions transmitted through the Website.

3.1.15.Additionally, you agree not to:

  • .contact anyone who has requested not to be contacted, or make unsolicited contact with anyone for any commercial purpose;

  • .stalk or otherwise harass anyone through or on the Website;

  • collect personal data about other users for commercial or unlawful purposes;

  • use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Website;
  • post irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose unreasonable loads on our infrastructure;

  • post any deceptive events or attempt to gain unauthorized access to WHOLEPACKS computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of or impairs the functionality of the website. WHOLEPACKS may reject, delete, modify, edit or remove any Submissions at any time for any reason and WHOLEPACKS may terminate your access to the Website or your account at any time for violation of these Terms of Use or any other reason.

4.Policies

4.1.General

4.1.1.Each order shall be proved by Client before manufacturing process in these electronic documents and mockups:

  • Invoice
  • Technical specification
  • Mockup (for orders with printing)

4.1.2.The production time will start after improving the last of this documents and mockups and 50 percent prepayment of the order.

4.2.Manufacturing Policy

4.2.1.Pre-printing preparations

  • If the product must have a drawing, the Client shall approve it by coordinating the Mockup in the manner prescribed by this section.
  • Client send by email the Mockup and WHOLEPACKS shall, by its own efforts or through third parties, carry out all necessary work to finalize and prepare the original Mockup for printing. The original Mockup with the texts shall be provided in the form of a file in Adobe Illustrator or Corel Draw format. The cost of the works and services for finalizing and preparing the original layout provided by the Client are be included in the total cost of the products, unless otherwise specified in the annexes hereto.

  • Client can place an order to WHOLEPACKS to design or redesign the original Mockup. The original Mockup with texts shall be provided to the Client in the form of a file in Adobe Illustrator or Corel Draw format; a bitmap file shall be provided in Adobe Photoshop format in accordance with the original size and a resolution of at least 300 dpi. The finished original Mockups with texts belongs to Client
  • Deviations in the color gamut between the printer printout and the production run are allowed. The allowed color deviation for color mixtures according to the PANTONE model shall not exceed 3 (three) units.

  • Client can provide WHOLEPACKS the sample of packaging and use the service "print as a sample". In that way WHOLEPACKS while printing the order use sample printing as a standard. The allowed color deviation for color mixtures according to the PANTONE model shall not exceed 3 (three) units

  • WHOLEPACKS shall not be liable for the Client's compliance with the rights to intellectual property items in respect to any elements, images, data, text information provided by the Client to WHOLEPACKS; for the correctness of the provided technical parameters and other characteristics and data.

4.2.2.Quality of the products. Warranty

WHOLEPACKS works to maintain a very high standard of quality control. We test the manufacturers and try to provide the packaging that will fit your expectations. However, each printing and manufacturing process has strengths and weaknesses. All compliances concerning the quality of products are accepted and provided by WHOLEPACKS.

After approvement of the designs by email no any corrections are excepted. By approving the designs client must accept packaging with this design.


4.2.3.Inspections, damaged products, return and substitutions

4.2.3.1.Products purchased are subject to inspection and approval at Client's destination. Client has the right to reject and refuse acceptance of items which are not in full accordance with approved Technical specifications, Mockups (excluding 4.2.1.5-4.2.1.6), as the case may be.

4.2.3.2.Notification of quantity issue must be reported within 48 hours via "report a problem" button in account or via e-mail hello@wholepacks.com. WHOLEPACKS does not guarantee that a replacement product will be available. A refund for the affected portion of shipment may be issued instead of a replacement at WHOLEPACKS sole discretion. It is recommended that the Client inspects product immediately upon delivery as claims about quantity made after 48 hours of receipt will not be accepted.

4.2.3.3.Acceptance of the products by quality shall be carried out not later than 30 (thirty) days after receipt of the products. Client must contact WHOLEPACKS after detection the issue via "report a problem" button in account or via email hello@wholepacks.com within 48 hours to report damaged products. Client must provide photographic proof of damage. In 10 business days WHOLEPACKS will send the decision letter with information about replacement or return and refund of products. WHOLEPACKS does not guarantee that a replacement product will be available. A refund for the affected portion of shipment may be issued instead of a replacement at WHOLEPACKS sole discretion.

4.2.3.4.The warranty period for product is determined in quality documents that are provided to each shipment.

4.2.3.5.Client shall comply with the storage conditions of the products indicated on the packaging label and/or quality documents to have a warranty.

4.2.4.Over/under quantities

Manufacturing products with printing can be up to 15% over or under the ordered quantity due to the speed that the machinery work at. Customer will be billed for overs. If more than 10% is produced, WHOLEPACKS will contact Client for approval before shipment.


4.3.Leads time and estimated delivery policy

Our lead times are calculated from normal industry operating conditions but may be extended due to factors outside of WHOLEPACKS control. Estimated lead time is indicated in Client's account. WHOLEPACKS will endeavor to provide accurate and realistic lead times at point of order but examples of factors outside of our control include, but are not limited to, the following:

4.3.1.Shortage of raw materials

In extreme market conditions, there may be a delay caused by low availability of necessary raw materials (plastics, corrugated, paper).

4.3.2.Freight/shipping

WHOLEPACKS uses a wide range of partners in shipping. However, there are occasionally operating delays that affect the entire industry. Examples include port congestion (an excess of ships entering and leaving port), lack of available space on vessels (when demand is high, capacity is reduced) and port closures (emergencies or industrial action), extreme weather events (continental storms, ocean storms). In addition, WHOLEPACKS facilitates transportation, but does not sell it as a service. If the Client prefers, WHOLEPACKS can put them directly in contact with the transit company. Losses, damages, and delays that occur during transportation are not the responsibility of WHOLEPACKS.

5.Delivery

5.1.WHOLEPACKS deliver the products to the address that was approved in the account.

5.2.Any change of address or specific delivery instructions must be submitted via email hello@wholepacks.com or via account can be made before shipment. A change of address may cause a change in costs which Client will be responsible for paying via invoice. However, WHOLEPACKS will not be held responsible for problems which may arise from last minute changes or multiple instructions.

6.Ownership of Goods Policy

6.1.Ownership of a product

Product is property of WHOLEPACKS until payment terms have been completed. WHOLEPACKS has the right to send bill to collections if Client does not comply with payment terms.

6.2.Tooling: cutting dies and plates

Tooling is property of WHOLEPACKS unless purchased in full by Clint. WHOLEPACKS does not provide storage. After one year, tooling becomes property of WHOLEPACKS. If tooling is damaged in production or transport, it is not the responsibility of WHOLEPACKS.


6.3.Delivery and title

The title shall pass to Client upon acceptance at the final delivery point. Risk of damages or loss following shipment and prior to acceptance by Client shall be the responsibility of WHOLEPACKS or appointed designee.

7.Payment and discount policies

7.1.Payment

Payment can be made by bank transfer and STRIPE. Unless otherwise stated, all prices are listed in USD.

7.2. Refunds of fees

STRIPE fees (usually 2,9%) are not refundable in any cases.

7.3.DISCOUNTS

WHOLEPACKS may offer coupons or other types of discounts, which shall be subject to any specific terms announced at the time of their issue. WHOLEPACKS may refuse to honor such discounts for any reason including, but not limited to, fraud, mistake on the part of our publication of information, actual or expected financial hardship, sale of all or part of our business, or for any other reason.

8.Limitation on liability and indemnity of WHOLEPACKS

8.1.UNDER NO CIRCUMSTANCES SHALL WHOLEPACKS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WHOLEPACKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF THE WEBSITE OR THIS TERMS OF USE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF INCARNATE WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

8.2.In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you. This does not affect the applicability of the limitations of liability where otherwise permitted by law.


8.3.You agree to indemnify and hold harmless WHOLEPACKS, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, vendors, suppliers and employees from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of any Submissions, your third party event, website or organization, your use of the Website, your violation of the Regulations, your breach of any of the representations and warranties herein, or your violation of any rights of any third party.

9.Personal data protection

9.1.The administrator of the personal data provided by the User is WHOLEPACKS.

9.2.User personal data are processed primarily on the basis of a contract and for the purpose of its execution, in accordance with the principles set out in the General Regulation of the European Parliament and of the Council (EU) on data protection (GDPR). Detailed information about the data processing by the Seller, including in terms of the period and basis of processing, the rights of data subjects, as well as possible recipients of the data are included in the privacy policy posted on the Website.

10.Applicable law and jurisdiction

The law applicable to the obligations of the Regulations will be

  • For USA And EU: these Terms of Service and any separate agreements whereby we provide you the Service or any products or services shall be be governed by and construed in accordance with the laws of the State of Florida, without regard to conflicts of law principles.
  • FOR Russia: Russian law (choice of law clause), and the competent court will be Economic court (jurisdiction clause), provided that it doesn't deprive the Client of protection in accordance with the mandatory provisions of the law of the Client's country of habitual residence.