EPACK International Terms and Conditions
Effective Date: November 14, 2012
Thank you for visiting the EPACK International Web site. These Terms
and Conditions govern your use of any Web site displaying these
Terms and Conditions, including the following (our "Sites"):
EPACK International, LLC (“EPACK International”) owns the Site
located at Epackinternational.com.
EPACK International, and other members of the EPACK International
family of businesses are collectively referred to herein as the
“EPACK International family of businesses,” “we,” “us,” and “our.”
The terms “you” and “your,” when used in these Terms and Conditions,
mean any user of our Sites.
Your Consent to these Terms and Conditions
Access to and use of our Sites and the information, materials,
products and services available through our Sites are subject to all
applicable laws and regulations and to these Terms and Conditions.
By accessing, browsing, and shopping at our Sites, you accept,
without limitation or qualification, these Terms and Conditions,
which form a legally binding agreement. If you do not agree, please
exit our Sites.
Changes to these Terms and Conditions
These Terms and Conditions may be changed by us from time to time
without specific notice to you. The latest Terms and Conditions will
be posted on the Sites, and you should always review them prior to
using any of the Sites to ensure that you have a current
understanding of the Terms and Conditions under which you are
permitted to access our Sites. Your continued use of our Sites after
we have posted the revised Terms and Conditions constitutes your
agreement to be bound by the revised Terms and Conditions.
By agreeing to these Terms and Conditions, you agree to the terms of
which is expressly incorporated herein. Before using any of our
provided to us as a result of your use of our Sites will be handled
Your Consent to Our Terms of Sale
Any purchases you make on our Sites will be governed by
our Terms of Sale,
which are expressly incorporated herein. Our Terms of Sale contain
policies related to various aspects of your purchase of merchandise
on our Sites, such as shipping, returns, and other matters.
Your Consent to Other EPACK International Family of Businesses
We may also require you to follow additional rules, guidelines or
other conditions to sign up to use various special features or
password-protected areas of our Sites, to participate in certain
promotions or activities available through our Sites, or for other
reasons. In such cases, you may be asked to expressly consent to
these additional terms, for example, by checking a box or clicking
on a button marked “I agree.” This type of agreement is known as a
“click-through” agreement. If any of the terms of a click-through
agreement are different than the terms of these Terms and
Conditions, the terms of the click-through agreement will supplement
or amend these Terms and Conditions, but only with respect to the
matters governed by the “click-through agreement.”
The EPACK International names and logos, all product names, all page
headers, all custom graphics, all button icons, and all trademarks,
service marks and logos appearing on our Sites, unless otherwise
noted, are trademarks (whether registered or not), service marks
and/or trade dress of the EPACK International family of businesses
(the “Marks”). All other trademarks, product names, company names,
logos, service marks and/or trade dress mentioned, displayed, cited
or otherwise indicated on the Sites are the property of their
respective owners. You are not authorized to display or use the
Marks in any manner without our prior written permission. You are
not authorized to display or use trademarks, product names, company
names, logos, service marks and/or trade dress of other owners
featured on our Sites without the prior written permission of such
owners. The use or misuse of the Marks or other trademarks, product
names, company names, logos, service marks and/or trade dress or any
other materials contained herein, except as permitted herein, is
Links to Other Sites
Our Sites may contain links and/or advertisements to other Web sites
maintained by unrelated companies. An advertisement of, or link to,
an unrelated Web site does not mean that we approve, endorse or
accept any responsibility for that Web site, its content or use, or
the use of products and services made available through such Web
site. We do not investigate, monitor or check such Web sites for
accuracy, completeness or conformance with applicable laws and
regulations. We do not make any representations whatsoever, or give
any warranties of any kind, expressed, implied, or otherwise about
other Web sites which you may access through our Sites, the content
thereof, or the products and/or services made available through such
Web sites. If you decide to leave our Site and access these other
Web sites, you do so at your own risk. All rules, policies
(including privacy policies) and operating procedures of such Web
sites will apply to you while on such Web sites.
We very much want to know what our customers like and don’t like about
our products, and welcome your comments, feedback, suggestions, and
other communications regarding our Sites and the information, products,
and services we make available through our Sites (collectively,
“Feedback”). By submitting Feedback, however, please note that you
represent and warrant that any ideas or information you include in your
Feedback are not confidential or proprietary in any way and that you
have the legal right to disclose the ideas and information. Please also
note that the Feedback you provide to us through these Sites will be and
remain our exclusive property. Your submission of Feedback will
constitute an assignment to us of all worldwide rights, title and
interests in your Feedback, including all copyrights and other
intellectual property rights in your Feedback. We will be entitled to
reduce to practice, exploit, make, use, copy, disclose, display or
perform publicly, distribute, improve and modify any Feedback you submit
for any purpose whatsoever, without restriction and without compensating
you in any way. For this reason, we ask that you not send us any
Feedback that you do not wish to assign to us.
We have done our best to display as accurately as possible the
colors of the products shown on the Sites. However, because the
colors you see will depend on your monitor, we cannot guarantee that
your monitor’s display of any color will be accurate.
Our Sites are not intended for children or minors under the age of
thirteen years without the permission of a parent or guardian. In
addition, you must be at least eighteen years of age to make a
purchase on any of our Sites.
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify,
edit, delete, suspend or discontinue, temporarily or permanently our
Sites (or any portion thereof) and/or the information, materials,
products and/or services available through our Sites (or any part
thereof) with or without notice. You agree that we shall not be
liable to you or to any third party for any such modification,
editing, deletion, suspension or discontinuance of our Sites.
of Sale and any click-through agreements on our Sites) contain the
entire understanding between you and us with respect to use of our
Sites and no representation, statement, or inducement oral or
written, not contained herein shall bind any party to this
Severability and Non-Waiver
Our failure to enforce any provision of these Terms and Conditions
will not be deemed a waiver of such provision nor of the right to
enforce such provision, and a waiver by us of any right under these
Terms and Conditions on any occasion will not in any way constitute
a waiver of such right or any other right on any other occasion. In
the event any provision of these Terms and Conditions is determined
to be invalid, such invalidity will not affect the validity of the
remaining portions of these Terms and Conditions, and the parties
will substitute for the invalid provision a provision which most
closely approximates the intent and economic effect of the invalid
provision. These Terms and Conditions will apply in lieu of and
notwithstanding any specific legend or statement associated with any
particular document or information exchanged.
Law & Jurisdiction
These Terms and Conditions shall be subject to, governed by and
construed under the laws of the State of Virginia in the United
States of America, without regard to conflict of law principles,
except to the extent that transactions conducted through our Sites
are governed by the EU Directive on the Protection of Consumers in
Respect of Distance Contracts (the “Directive”), in which case the
provisions of the Directive shall be deemed controlling.
You hereby consent and waive all objection to the exclusive
jurisdiction of the federal and state courts located in Richmond
Virginia, and venue therein to resolve any controversy or claim of
whatever nature arising out of or relating to use of our Sites.
However, we retain the right to bring legal proceedings in any
jurisdiction where we believe that infringement of this agreement is
taking place or originating.
Restrictions On Our Sites and the Products We Sell
Access to, or use of, our Sites or information, materials, products
and/or services on our Sites may be prohibited by law in certain
countries or jurisdictions. You are responsible for compliance with
any applicable laws of the country from which you are accessing our
ACCESS TO OUR SITES (OR PORTIONS THEREOF) AND THE USE OF
INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON OUR
SITES (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED,
WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
If you have any questions or concerns regarding these Terms and
Conditions, please contact us by telephone or email:
EPACK International, LLC
Attention: Customer Service
Terms of Sale
Effective Date: November 14, 2012
Thank you for your interest in making a purchase on
epackinternational.com (our "Site").
These Terms of Sale ("Terms of Sale") govern your purchases on our Site.
This Site is owned and operated by
Company ("EPACK International," "we," "us," and "our."). The terms "you" and
"your," when used in these Terms of Sale, mean any user of this Site.
We do not sell products to persons under the age of 18. If you are under the
age of 18, you may only purchase products on our Site with authority given
by either a parent or guardian.
You acknowledge that any use of the Site is subject to the Terms and
all applicable laws. These Terms of Sale are expressly incorporated into
the Terms and Conditions for the Site. In addition, any personal information
Before using our Site, please read through all of these documents carefully.
Every order that you place on our Site will be subject to acceptance in
accordance with these Terms of Sale. The final details of your order will be
listed at the end of the checkout process. Following completion of the
checkout process, we will send you an email confirming receipt of your
order, detailing the products you have ordered with an order number, and
setting forth the shipping address and delivery method for your order.
Please inform us immediately if
there are any errors in your order.
We reserve the right to cancel any order and/or prevent access to the Site
at any time, with or without cause.
We are very careful at
but sometimes errors occur. All errors are subject to our correction. We
reserve the right to change prices and specifications without notice. The
price that you pay for any product on our Site will be the price that is
displayed on the Site at the final page in the checkout process. Note that
the price for an item may change from when you first placed it in the
shopping cart. Placing an item in your shopping cart does not reserve the
price shown at that time. We cannot confirm the price of a product until you
have placed the order and reached the ‘confirmed purchase’ stage. Any
discounts we offer are time limited and are dependent on product
availability. Accordingly, the price of our products may change from time to
SHIPPING POLICIES AND DELIVERY
Shipping and Handling.
Shipping and handling charges listed on Site apply to the contiguous US
reserves the right to limit quantities and / or charge actual shipping
charges on bulk orders. Alaska, Hawaii, Puerto Rico, Guam, Virgin Islands
and APO/FPO require a special handling fee of $10 plus actual shipping
charges based on the weight and dimensions of the package(s). Call EPACK
International for shipping to Canada or foreign countries.
We stand behind our products and want you to be completely satisfied. If you
are not completely satisfied for any reason, please return your merchandise
within 30 days for a full refund or exchange (please see exceptions below).
Returned products must be in unopened, new condition, must include all
original parts, manuals and accessories, and must be returned in the
original packaging at the customer's expense. A ten dollar restocking fee
will be automatically deducted from the customer's refund of purchase(s). If
your item arrives damaged, please keep all boxes and packing materials and
immediately contact Customer Service at (540)-494-1936 for further
instructions. If we accept your return, we will apply your refund, less
shipping and handling and a ten dollar restocking fee, to the original form
of payment. If you would prefer an exchange, please let us know and we will
send it promptly. The following exceptions do apply:
Please indicate the reason for return and the action to be taken
(exchange/refund). For your protection please insure your package for its
full value. Refused shipments are subject to a 20% restocking fee, and
original shipping and handling will not be refunded on refusals.
LIMITATION OF LIABILITY
Our liability will be limited as set forth in the Terms and Conditions.
Nothing in these Terms of Sale limits liability for fraudulent
misrepresentation or our liability to you in the event of death or personal
injury resulting from our negligence. Some jurisdictions do not allow the
exclusion of implied warranties, or certain kinds of limitations or
exclusions of liability, so the limitations & exclusions set out in these
Terms of Sale or the Terms and Conditions may not apply to you.
WARRANTIES AND DISCLAIMERS
Products sold by EPACK International may be covered by manufacturers’
warranties. Where applicable, warranty information should be included with
your product. THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BREACH OF
A WARRANTY, IF ANY, IS LIMITED, IN EPACK INTERNATIONAL’S DISCRETION, TO
REPAIR OR REPLACEMENT OR RETURN OF THE PURCHASE PRICE OF A PRODUCT AS
DESCRIBED IN THESE TERMS OF SALE, AND ALL CLAIMS FOR CONSEQUENTIAL,
INCIDENTAL, OR SPECIAL DAMAGES ARE HEREBY EXCLUDED. If you experience any
product defects outside of our return period, please contact the product’
These Terms of Sale are personal to you and you may not assign or otherwise
transfer any right or obligation under these Terms of Sale except as
permitted herein. We reserve the right to transfer, assign, license or
subcontract all or any of our rights or obligations under these Terms of
Sale or any related contract to any third party.
We will not have any liability to you or be deemed to be in breach of these
Terms of Sale from any circumstances which are beyond our reasonable control
(including a delay in delivery caused by force majeure)."Force majeure"
includes, without limitation, circumstances directly or indirectly resulting
from acts of God; acts of the public enemy; strikes; lockouts; epidemic and
riots; power failure; fire;
water shortage or adverse weather conditions; or other causes beyond the
control of the Parties.
We reserve the right to make changes to these Terms of Sale at any time. You
will be subject to the Terms of Sale in force at the time you place your
order with us, unless any change to these Terms of Sale is required to be
made by law (in which case it will apply to any orders previously placed by
If you have any questions about these Terms of Sale or any other matter,
please contact our
Department at (540)-494-1936 or