Terms of service
Terms of Service
Blue Sea Packaging™ Terms of Service
Overview:
Our website (Blue Sea Packaging, www.blueseapackaging.com) the content therein, any associated mobile applications and/or services (collectively termed the “Website”) are the property of Blue Sea Packaging (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 (Blue Sea Packaging) 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 Blue Sea Packaging.
“Purchaser” refers to the individual or entity purchasing Goods from Blue Sea Packaging.
“Seller” refers to Blue Sea Packaging. Blue Sea Packaging LLC is a packaging company located in St Petersburg, FL.
The Conditions detailed herein constitute the whole agreement between Blue Sea Packaging and the Purchaser with regard to the Contract, excluding any other terms and/or conditions the Purchaser might seek to impose on Blue Sea Packaging.
Description Of 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 Blue Sea Packaging 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 stated in the product listing. 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 Blue Sea Packaging for the goods at Checkout, or by the date specified (Due Date) on the product listing or checkout. The goods will not be shipped to Purchaser unless Purchaser complies.
In the case that the full or partial payment is due at a date specified (Due Date) and is not required at Checkout, and the Purchaser does not make full payment by the Due Date, without prejudicing any other potential remedies or rights available, Blue Sea Packaging 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 Blue Sea Packaging’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 Blue Sea Packaging 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.
Blue Sea Packaging 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 Blue Sea Packaging has reason to believe that any such event will occur imminently.
Blue Sea Packaging 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, pandemic with unforeseen consequences, 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, the Purchaser 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 Purchaser 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 Purchaser).
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 Blue Sea Packaging. 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 Blue Sea Packaging 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 Blue Sea Packaging providing notice that the purchased Goods are available to be collected.
If the Purchaser fails to accept the delivery on the date specified by Blue Sea Packaging or does not collect Goods within the 7 days following Blue Sea Packaging 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 Blue Sea Packaging 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.
Blue Sea Packaging 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 Blue Sea Packaging (and to the Carrier, if damage occurred during transit) by the Purchaser within three days of the delivery, and additionally
b) Blue Sea Packaging are given the opportunity to inspect the Goods in a timely manner after the delivery, and no use has been made of the Goods.
Blue Sea Packaging 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 Blue Sea Packaging; or
b) the damage or defect occurs because of the Purchaser’s failure to follow oral or written instructions provided by Blue Sea Packaging in relation to commissioning, installation, storage, maintenance or use of the Goods, or use of best trade practice; or
c) attempted amendments or repairs to the Goods are made by the Purchaser without Blue Sea Packaging’s written consent.
In the event that the Goods are unsatisfactory, Blue Sea Packaging will provide replacements for defective Goods or a refund of the price of defective Goods on a pro rata rate, with the Purchaser required to return the defective Goods to Blue Sea Packaging.
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, our Wholesale Portal, or through a written correspondence from Blue Sea Packaging confirming an offline order placement and payment in full. 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 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 that 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 any 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, our Wholesale Portal, or through a written correspondence from Blue Sea Packaging confirming an offline order placement and payment in full. 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, our Wholesale Portal, or through a written correspondence from Blue Sea Packaging confirming an offline order placement and payment in full, 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:
In rare cases, materials contained in Products may react differently than Purchaser's expectations with Purchaser’s goods or products and become defective. Seller cannot guarantee that any components or Products will function properly with Buyer’s particular goods or products. Seller shall have no responsibility for suitability of any Product for Purchaser’s particular use, and it is Buyer's sole responsibility to do product compatibility testing. Seller is not responsible for damages arising from Purchaser's selection and use of any Products, including, without limitation, (i) for any damages to or loss of Purchaser’s bulk products that are inserted into any components 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 Purchaser. Seller hereby advises Purchaser that all Products ordered from Seller should be used within six (6) months after receipt by Purchaser as the integrity and quality of certain Products may be adversely impacted by delays in utilizing such Products.
The users/ purchasers 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 Blue Sea Packaging has received full and cleared payment with respect to:
a) the Goods themselves; and
b) any additional sum due to, or becoming due to Blue Sea Packaging
Until the Purchaser has assumed ownership of the Goods, the Purchaser is obliged to;
a) hold all Goods in trust on Blue Sea Packaging’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 Blue Sea Packaging;
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 Blue Sea Packaging, for their full value, and against all risks to Blue Sea Packaging’s reasonable satisfaction. If requested, the Purchaser agrees to supply proof of said insurance to Blue Sea Packaging.
The Purchaser grants an irrevocable license to Blue Sea Packaging, along with any agent or employee of Blue Sea Packaging, to enter the premises where Goods are or might be stored for the purposes of inspection and/or repossession. In the event that Blue Sea Packaging is required to repossess the Goods:
In addition,
a) any amount Blue Sea Packaging receives from the sale of the goods is to be retained by Blue Sea Packaging. If the value of said sale is lower than the balance owed by the Purchaser, the Purchaser is still responsible for payment of any remaining balance.
b) the Purchaser is liable for all charges, expenses, costs and legal costs incurred by Blue Sea Packaging 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, Blue Sea Packaging 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 Blue Sea Packaging accepts return of the Goods in lieu of payment, the Purchaser is liable for any expense incurred by Blue Sea Packaging