Terms of service

Cosmetic Packaging Now™ Terms of Service

OVERVIEW

Our website (Cosmetic Packaging Now) the content therein, any associated mobile applications and/or services (collectively termed the “Website”) are the property of Cosmetic Packaging Now (termed “us”, “our”, “we” or “company”). We present these Terms and Conditions (termed “Terms”), which outline your obligations and rights with regard to the use of our Website, and/or the purchase of any of our products (termed the “Products”). Your usage of our Website and/or purchase of any of our Products constitutes your acceptance of these Terms. In the event that you are not in agreement with the Terms, you must immediately desist from any usage of our Website, and must not purchase any Products from us.

We reserve the right to amend, alter, replace, restrict, withdraw or otherwise modify these Terms and this Website at any time we see fit. In the event that such change or amendment takes place, your continued use of the Website after any such change constitutes your acceptance of any such change or amendment.

You are obliged to periodically review these Terms in order to inform yourself of any such changes or amendments.

The products and services that we offer are restricted to individuals who are at least the age of majority in their state or province of residence. It is your own responsibility to inform yourself of any applicable law or regulation that covers your jurisdiction with regard to the legal age of purchase from and access to our Website. We make no warranty, representation or guarantee that your compliance with the Terms stated herein is sufficient to fulfil any legal obligations placed upon you by the jurisdiction within which you either reside, or from within which you access our Website.

Interpretation Of These Terms

“Conditions” refers to the terms and conditions detailed herein.

“Contract” refers to the contract created between us (Cosmetic Packaging Now) and you (the Purchaser) relating to the purchase and/or sale of Goods, performed accordingly with the Conditions.

“Goods” refers to any product(s) supplied to the Purchaser by Cosmetic Packaging Now.

“Purchaser” refers to the individual or entity purchasing Goods from Cosmetic Packaging Now.

“Seller” refers to Cosmetic Packaging Now. Cosmetic Packaging Now, LLC is a cosmetic packaging company located in Dallas, Texas.

The Conditions detailed herein constitute the whole agreement between Cosmetic Packaging Now and the Purchaser with regard to the Contract, excluding any other terms and/or conditions the Purchaser might seek to impose on Cosmetic Packaging Now.

Description Of The Goods

The volumes and dimensions listed in any brochure, website or literature are approximate. Descriptions of any colors are given for guidance only, and are subject to amendment.

Any opinions, advice or recommendation given by Cosmetic Packaging Now should not be relied upon solely, and should be taken in conjunction with independent advice from a specialist. The Purchaser should satisfy itself regarding the potential suitability of any purchased Goods for their actual or intended use, and additionally any associated health or safety implication. By submitting any order, the Purchaser confirms that they have undertaken this process.

We reserve the right to amend the specification of any Goods as may be required to adhere to any EU or statutory requirement that may apply, or where the Goods are being supplied as per specification supplied by the Purchaser, where the quality or performance is not materially affected.

Payment And Price

All the prices are listed on the product pages, however we reserve the rights to amend the pricing at any time without notice.

The price quoted is exclusive of VAT unless specifically stated otherwise.

The Purchaser agrees to pay Cosmetic Packaging Now for the goods in full by a date no later than 30 days beyond the final day of the month in which Cosmetic Packaging Now provides an invoice (termed the “Due Date”).

The timely nature of said payment is of critical importance.

In the event that the Purchaser does not make full payment by the Due Date, without prejudicing any other potential remedies or rights available, Cosmetic Packaging Now may take any or all of the following actions:-

a) Withdrawal of credit facilities, termination of the Contract and/or suspension of any pending performance obligated by the contract, including pending deliveries, ordered by the Purchaser.
b) Charging interest to the Purchaser from the Due Date, on the full balance that remains unpaid by the Due Date, at a rate of 8%p/a above the base rate, as provided for by the Late Payment of Commercial Debts (Interest) Act 1988, until full payment has been received.
c) Commencing legal action against the Purchaser if payment is not made in full after the issue of a seven-day demand letter, with a view to recovering the full balance outstanding, and/or
d) Exercising our right in respect of repossessing the goods.
Cancellation

At Cosmetic Packaging Now’s own discretion, the Purchaser is not entitled to amend, defer or cancel any order for Goods after we have acknowledged receipt of the order, either in writing or orally. When goods are being delivered in instalments, each individual delivery constitutes an individual contract of sale. Any failure by Cosmetic Packaging Now in delivering one or more of the ordered instalments accordingly with the Conditions, or any claim made by the Purchaser pertaining to any one or more instalments, does not entitle the Purchaser to repudiate the entire Contract.

Cosmetic Packaging Now retains the right to immediately terminate the Contract, with no liability to the Purchaser, in the event that the Purchaser makes voluntary arrangements with any creditor, is declared bankrupt, is subjected to an administration order, enters liquidation (for any purpose other than reconstruction or amalgamation), or if Cosmetic Packaging Now has reason to believe that any such event will occur imminently.

Cosmetic Packaging Now retains all right to defer delivery dates or cancel this Contract with no liability in the event that it is delayed or prevented from carrying out the operations of its own business due to circumstances outside of its reasonable control or foresight, including but not limited to acts of God, terrorism, war, industrial action, flood, explosion or fire.

On orders that are for standard, stock non-custom Products, (i) if the cancellation is received prior to shipping the order then Buyer may receive a refund for the full cost of the order minus a 10% restocking fee, and (ii) if the order has already shipped, then Seller will generally, but not in all cases (as determined by Seller in its sole discretion), accept returns for up to six (6) months after shipping, and Buyer may generally, but not in all cases, receive a refund for the full cost of the order minus a 20% restocking fee. No refunds or returns will be accepted on any Products after six (6) months as Products should be used within six (6) months of receipt of such Products (and if not used within that time period, should be re-tested by Buyer).

Delivery

Purchased Goods shall be delivered to the address specified by the Purchaser when the order is placed, unless stated otherwise.

Shipping costs are applied at the sole discretion of Cosmetic Packaging Now. Dates and times specified for delivery of Goods are given as estimates only. The timely delivery of said goods is not of critical importance. If no delivery date is specified, then the delivery shall be made within a reasonable time.

The Purchaser must receive the Goods delivery on the date that Cosmetic Packaging Now specifies. In the event of the Purchaser making arrangements to collect the Goods, the Purchaser is required to collect the Goods within a seven day period of Cosmetic Packaging Now providing notice that the purchased Goods are available to be collected.

If the Purchaser fails to accept the delivery on the date specified by Cosmetic Packaging Now, or does not collect Goods within the 7 days following Cosmetic Packaging Now providing notice that the Goods may be collected, we reserve the right to apply a storage fee for storing the Goods until such a time as they can be collected or delivered.

If the Goods delivered to the Purchaser by Cosmetic Packaging Now are of a quantity up to 10% above or below than the quantity ordered, the Purchaser is not entitled to reject or object to the delivery of the Goods because of said shortfall or surplus, and must pay for the delivered Goods at the appropriate pro rata’d rate.

Cosmetic Packaging Now will in no way be liable for damage to any delivered Goods except in the following scenarios:

a) Written notice of the defect has been provided to Cosmetic Packaging Now (and to the Carrier, if damage occurred during transit) by the Purchaser within three days of the delivery, and additionally
b) Cosmetic Packaging Now are given the opportunity to inspect the Goods in a timely manner after the delivery, and no use has been made of the Goods.
Cosmetic Packaging Now cannot be held liable for any damage in the following scenarios:-

a) the Goods are used by the Purchaser after notice of a defect has been supplied to Cosmetic Packaging Now; or
b) the damage or defect occurs because of the Purchaser’s failure to follow oral or written instructions provided by Cosmetic Packaging Now in relation to commissioning, installation, storage, maintenance or use of the Goods or best trade practice; or
c) attempted amendments or repairs to the Goods are made by the Purchaser without Cosmetic Packaging Now’s written consent.
In the event that the Goods are unsatisfactory, at Cosmetic Packaging Now’s replacements for defective Goods or a refund of the price of defective Goods on a pro rata rate shall be applied, as long as the Purchaser returns the defective Goods to Cosmetic Packaging Now.

If Goods were ordered by the Purchaser at the Purchaser’s own specification, the Purchaser assumes all responsibility for said specification and is therefore not entitled to reject Goods, unless Goods or damaged or are not in compliance with said specification.

RETURNS

We do not accept or process any refunds or returns for any purchase that is not made directly through our Website. You are permitted to withdraw from any purchase agreement made with us, and return any new and unused Product purchased via our Website, with a full refund and for no any or no reason, for a period of 14 (fourteen) days after your receipt of any such Purchase. In order to exercise this right, you must inform us that you wish to withdraw from our purchase agreement by making contact with our Support team. In the event of such withdrawal, we will refund all payments send to us by you, including shipping costs, within a period of 14 (fourteen) days from the date you inform us that you wish to withdraw. We will not refund any supplemental or additional cost resultant from your specific choice of a delivery method, other than the lowest priced standard delivery cost offered to you when the purchase was made.

We reserve the right to delay any refund until the purchased item has been returned and received by us. In the event that we do not receive the returned product, or the product is received after this 14 (fourteen) day period, no refund will be issued. You accept that you are responsible for the shipping cost of any returned item if the item is being returned because you wish to withdraw from the agreement.

Due to the nature of the products we offer for sale via our Website, we can only accept returns and issue refunds for products that are new and unused. In the event that the tamper proof seal on any purchase is broken, we cannot accept the return for sanitary reasons, and cannot issue a refund.

Orders Which Are Incomplete/Damaged/Incorrect

The legal guarantee of conformity applies to any Product purchased via our Website. It is your responsibility to inspect any goods purchased from us immediately upon receipt of them. In the event that the goods delivered are incomplete, incorrect or damaged, you must immediately inform us. In such an event, contact our support team, inform us of the problem with the order in full, and request a replacement or refund. We may require that you return the damaged, incomplete or incorrect goods to us; if we do, we shall pay any associated shipping costs.

Prohibition Of Exploitation Or Resale

You accept and agree that you are prohibited from selling, re-selling, distributing, making available for the use of others or in any other way seeking to exploit or use for any commercial purpose (including but not limited to sweepstakes, giveaways and contests) all or part of any services or Products purchased via our Website or obtained from us or our representatives in any other way, unless specific written permission has been sought in advance and granted by an authorized representative. Any individual or entity found to be selling, re-selling, distributing, making available for the use of others or in any other way seeking to exploit or use any of our services or Products for any commercial purpose without said permission instantly voids the warranty of any such service or Product, and may further be subject to any civil or legal action or remedy available to us.

Disclaimers:

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

The users/ buyers understand that we will not be responsible for any defect or issue caused by the packaging company. In case there’s any issue, please contact us so that we can investigate the situation.

Risk And Title

From the time of delivery, or the time of collection, the Goods are at the Purchaser’s own risk.

Ownership in the Goods does not transfer to the Purchaser until such a time as Cosmetic Packaging Now has received full and cleared payment with respect to:

a) the Goods themselves; and
b) any additional sum due to, or becoming due to Cosmetic Packaging Now.
6.3. Until the Purchaser has assumed ownership of the Goods, the Purchaser is obliged to;

a) hold all Goods in trust on Cosmetic Packaging Now’s behalf;
b) arrange for Goods to be stored at the Purchaser’s own cost, separately from any other goods belonging to the Purchaser or any other third party in a way that ensures they remain easily identifiable as the property of Cosmetic Packaging Now;
c) refrain from destroying, defacing or obscuring any packaging or identifying mark relating to or on the Goods; and
d) ensure the Goods are maintained in good condition, and insured on behalf of but at no cost to Cosmetic Packaging Now, for their full value, and against all risks to Cosmetic Packaging Now’s reasonable satisfaction. If requested, the Purchaser agrees to supply proof of said insurance to Cosmetic Packaging Now.
The Purchaser grants an irrevocable license to Cosmetic Packaging Now, along with any agent or employee of Cosmetic Packaging Now, to enter the premises where Goods are or might be stored for the purposes of inspection and/or repossession. In the event that Cosmetic Packaging Now repossess the Goods:-

a) any amount Cosmetic Packaging Now receives from the sale of the goods is to be retained by Cosmetic Packaging Now. If the value of said sale is lower than the balance owed by the Purchaser, the Purchaser still owes any remaining balance.
b) the Purchaser is liable for all charges, expenses, costs and legal costs incurred by Cosmetic Packaging Now relating to the repossession and sale of the Goods.
c) The Purchaser may not return the Goods in lieu of paying the outstanding balance, however Cosmetic Packaging Now reserves the right in some circumstances to accept return of the Goods instead of payment of the remaining balance from the Purchaser. In the event that Cosmetic Packaging Now accepts return of the Goods in lieu of payment, the Purchaser is liable for any expense incurred by Cosmetic Packaging Now.