Your use of our website constitutes an agreement to the following terms and conditions. Thecustompackaging.com reserves the right to amend these terms and conditions any time with or without prior notice. We encourage you to read this page regularly.
Thecustompackaging.com owns the materials we create in producing the printed products. We do not sell or give the materials you purchased to any other party. We reserve the right to distribute free samples of your printed products and use them on our website for display.
Copyright Notice
By using our website you understand and acknowledge that all contents of this website including, text, data, software, photographs, graphics, images, illustrations, maps, designs, icons, and other materials, collectively called “Our Website Contents”, are property of Thecustompackaging.com and third-party providers. Copying, modification, storage, republishing, transmission or otherwise distribution of Our Website Contents is prohibited without our written consent.
User Conduct on our website
You are solely responsible for the content that you send, upload, post or otherwise distribute or transmit to or via our website. You agree that any such material that you send, upload, post or otherwise transmit to or via our website or is used in connection or combination with Our Website Contents will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party unless you have obtained the appropriate authorizations from the respective owners for such use. You agree and warrant that you shall not send, upload, post or otherwise distribute or transmit to or via our website any materials that are indecent, unlawful or restricts others users from using our website or infringes the intellectual property rights or other proprietary rights of Thecustompackaging.com or any third party.
We do not control the contents posted by the users or customers of our website, and hence do not guarantee the accuracy, integrity or quality of the content. Under no circumstances will we be liable to you in any way for any content you may be exposed to that you may find offensive, indecent or objectionable.
You acknowledge that Thecustompackaging.com and its authorized designers shall have the right, but not the obligation, in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. We may preserve content and may also disclose content if required to do so by law or in the case that such disclosure is necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of our website, its users and the public.
It is your responsibility to provide correct and promptly updated information for processing of your orders and requests. Our website is not meant to be used or accessed by robots or any other automated means. Fraudulent use of our website not conforming to these terms of service will be prosecuted.
By using our site and by placing an order on our website, you warrant that you have all necessary permission, right and authority to place the order and you authorize Thecustompackaging.com to produce the products on your behalf. By using our site and by placing an order on our website you agree and warrant that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of our website.
You are solely responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible and liable for all orders and requests placed or other actions that are taken through your registered account. When you, or someone to whom you have given access, places orders using your password, you grant us the unrestricted royalty free and non-exclusive license to use, reproduce, sublicense, modify, adapt, publish, display and create derivative works from the content on the website and on the printed product for the purposes of storing designs or processing print orders.
Access to certain portions of our website requires users to register their emails and names along with creation of a password for future access to the password protected area of our website. We preserve right to request more personal and business information before we register your account.
You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.
Your use of our website constitutes agreement to collection and use of your information as described in Thecustompackaging.com Privacy Policy. You agree that you have read and understand our Privacy Policy, and your personal and business information will be collected and used as described in our Privacy Policy.
Indemnification & Limitation of Liability
You agree to defend, indemnify and hold harmless Thecustompackaging.com including its members, directors, employees, representatives, vendors, suppliers, affiliates and subcontractors from and against any and all claims, damages, in the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a “Claim”) is made or commenced against us, based upon, relating to or arising from the alleged wrongful acts of the customers, or alleging that the printing performed or product produced by us and ordered by the customer: (a.) infringes any copyright, patent or other proprietary right of any person; or (b.) contains matter that is libelous, slanderous, defamatory, scandalous or obscene; and (c) are the results of unauthorized access to any password-protected area of our website. You shall indemnify and hold us harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1.) defending us against any such Claim (2.) paying any judgment or award; and (3.) reimbursing us for any legal fees and expenses it reasonably incurs in responding.
Under no circumstances Thecustompackaging.com including its members, directors, employees, representatives, vendors, suppliers, affiliates and subcontractors will be liable for any injury, death, loss, claim, damage, act of god, accident, delay, or any special, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connected with any use of our website or with any delay or inability to use our website, or for any information, software, data, products or services obtained through our website, even if a party has been advised of the possibility of such damages.
In no event shall our total liability to you for all damages, losses and causes of action including but not limited to negligence, arising from this agreement or your use of our website exceed the amount paid by you to Thecustompackaging.com for the order or request.
Return and Refund Policy
Due to the custom nature of printing products and other services we provide, you need to inform us at support@thecustompackaging.com within 3 business days of receiving your order, if you find the delivered product not according to your order specifications. We cannot issue a refund or credit to you; however we will reprint your original order if we made an error or find it defective. Determination of defect is at the discretion of our management. To receive the reprint of your original order, you must submit digital photos documenting the product defect and return, at your own expense, the full quantity of the original order to us within 5 business days of taking the original order delivery. Charges related to the expedited orders processing are non-refundable. The disputed products are not intended for your use.
Payment, Order Placement & Cancellations
All price provided by our customer service team will be in U.S. Dollars (USD). Payment for orders will be made in U.S. Dollars. Due to custom nature of printing products and other services we provide, we will not start working on your orders for printing jobs or other services until a full payment including all charges, taxes, shipping and handling fees are paid by the credit card or paid by the user of our website with an approved payment method.
As a part of order placement we require the customers of our website to approve proof of the electronic file of the printing products or other services they order. Following the approval of proof by the customers the printing jobs are sent to press.
Once a print job has been approved by customer and sent to press on or via our website, no changes are allowed to the artwork files, job specifications, or printing turnaround time. You have a limited time of 4-hours after approval of the proof to cancel your order.
Such cancellation will carry a charge of $60 of total order amount before the order is cancelled. You may also cancel orders after approving the job for printing within 12-hours’ time limit. Such cancellation will carry a charge of 15% of the total order amount to cover work done in our pre-press department and financial costs associated with cancellation.
We do not guarantee that your order will be cancelled beyond 4-hours’ time limit. In case of order cancellation after 12-hours’ time limit, then 25% of the total order amount will be charged to cover the printing expense.
Design Orders
Thecustompackaging.com do not issue refunds or credits for any design services orders. All design orders once placed are final and non-refundable.
Customers Submitted Artwork/Files
Our designers and technicians create electronic proofs from the website users or customers’ submitted artwork/files. We require that your submitted artwork/files must be at least 300 DPI (dots per inch) resolution at the final size and in CMYK format. If your files are not submitted at 300 DPI at the final size and not in CMYK format, we will not be responsible for printing as blurred, distorted or pixelated and color changes associated with conversion to CMYK.
You are responsible for accuracy of your print-ready artwork/files including any issues as to orientation or alignment of the pages of your submitted documents. Though we take all possible precautions against loss of your submitted artwork/files, we are not responsible for damage or loss of your artwork/files.
By uploading artwork/files to our website you agree that you are lawful owner of all material you are uploading or you have already obtained appropriate rights to use such material.
We have right to refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason. Please note, we do not accept offensive, indecent or improper material for printing.
Proofs and Color Accuracy
We require the users and customers of our website to approve proof of an electronic file of the printing products or other services they order. No job will be sent to press without your approval of proof. It is your responsibility to log in to their account and check on their proof. We are not liable for delays in the order caused by customer’s non-approval of the proof. Please understand, the turnaround times mentioned in our website start after approval your of the proof.
Please review your proof thoroughly prior to approval. You should check it against the original file for possible errors in layout, copy, spacing, punctuation or image placement and proportion, bleeds, crops and final text. Electronic proofs do not show transparency, over print issues or color change from RGB to Pantone or CMYK. Please note, application of UV coating or lamination may affect or change the appearance of the printed colors. We are not liable for the final color appearance of a laminated product(s).
Customer is fully responsible for all that is contained in the final approved proof.
We will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density. Because of inherent limitations with the printing process, as well as neighboring image ink requirements, the accuracy of color reproduction is not guaranteed. By placing an order with us you agree to this limitation. We will try our best to match the gradient density of each color, but we accept no responsibility for color variations between submitted files and the final printed piece or the actual artwork or product they represent. Under no circumstances will a reprint be honored for color variations that have occurred during the printing process. We are not liable for color matching or ink density on screen proofs that you approve. We will guarantee color accuracy and match if you order a hard copy proof from us. Please note, hard copy proof will cost you extra.
No Liability for Errors
Thecustompackaging.com is not liable for errors in a final product caused by any of the following:
– Misspelling and Grammar, Damaged Fonts
– Graphics, Bleeds, Punctuation,
– Wrong, Incorrect or Missing Folds, Die Lines, Crop Marks, Transparency, Cracks on Folds
– Overprint,
– Finished Product Size.
Gang Printing
Thecustompackaging.com does not use gang printing for most printing products. At times and based on the requirements of our individual website user and customer, we may choose a printing method that is best suited for a particular print item or items.
Overruns/Underruns
We will normally deliver the exact quantity of goods ordered plus a small additional amount. There is no extra charge for the additional amount. In the event of an under-run, we will bill for the actual quantity delivered. We follow the generally accepted trade practice of delivering plus or minus 5% of the ordered quantity.
Production Speed, Shipping and delivery of orders
Production speed and printing turnaround time start AFTER your artwork/files have been uploaded, reviewed and accepted by our Prepress department, you have approved the press-ready proof (whether an electronic files or hard copy) and a full payment including shipping and handling fees has been made. During the order placement process on our website you have ability to select production speed which indicates number of business days required for printing your order and making it ready for turnover to the shipping company for shipment. Your approval of proof must be received before 10 AM Eastern Standard Time (CST).
We make all efforts to print and ship your orders in a timely manner. In no case shall Thecustompackaging.com be liable for any consequential or damages resulting from any delay in shipment or delivery. You agree not to hold Thecustompackaging.com liable for delays in shipments caused by bad weather, shipping company delays, customs issues or any other circumstances beyond our direct control. In case of delay due to technical problems due to equipment failure during the printing process, expedited charges will be refunded. Orders cannot be cancelled due to delay in the printing process.
You agree to pay all customs duties and fees on good that are shipped to their respective locations. It is the responsibility of the customers to make arrangements to clear customs for shipments delivered outside the United States.
Thecustompackaging.com offers Free 5 Business Days Ground Shipping to any ONE LOCATION PER ORDER within USA with no quantity or weight limit. Shipping to additional destinations will be charged extra. We do not guarantee shipping and delivery transit times and are not responsible for delay, loss, damage or theft of the printing products during shipping and delivery. Thecustompackaging.com will not liable for damages that occur in shipping. Lost or damaged shipment claims can be filed after 20 days from the package shipment date.
If you provide us incorrect shipment delivery address or otherwise make an error in the submission of the complete delivery address, we will charge additional shipping and handling charges for re-shipment.
Changes to our Website and Terms and Conditions
We reserve the right to amend any portion of our website and or Terms and Conditions at any time with or without notice to the users and customers of our website. The changes to our website will become part of our website and the new Terms of Service will be posted on our website and will be effective immediately. Your continued use of our website after such changes are posted will constitute your agreement to such changes.
Please contact us via email at support@thecustompackaging.com or by calling 888-851-0765 for further questions and queries.
