Terms & Conditions
PART 1 - PERTAINING TO YOUR USE OF OUR WEBSITE
OVERVIEW
This website is operated by Madhushree Novelties. Throughout the site, the terms “we”, “us” and “our” refer to Madhushree Novelties. Madhushree Novelties offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Madhushree Novelties, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Madhushree Novelties and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 2, Raja Woodmunt Street, 4th Floor, Near Brabourne Road Flyover, Kolkata, WB, 700001, India.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@madhushreenovelties.com.
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PART 2 - PERTAINING TO YOUR TRADE WITH US
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General Information
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Order Processing
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Delivery
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Prices
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Payment Methods and Terms
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Missing, Damaged, Incorrect or Faulty Orders
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Custom-Made Designs
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Returns and Cancellation Policy
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Packadept’s Obligations
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Reservations
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Force Majeure
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1. General Information
The following terms and conditions apply for all trade with Packadept, including quotes, sale and delivery, despite contradictory conditions that may be specified on your order confirmation, unless agreed upon by both parties, for all standard and custom made items, sold from retail stock or production orders.Packadept is a registered trademark of Madhushree Novelties, Kolkata. While dealing with Packadept, you directly deal with Madhushree Novelties. More information on Madhushree Novelties can be found at https://www.madhushreenovelties.com.
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We do not accept amendments to these terms and conditions.
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By workdays, it is referred to as Monday, Tuesday, Wednesday, Thursday and Friday. These five days per week are considered as workdays.
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​2. Order Processing
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Placing an Order
Currently, we only accept orders placed via email, telephone, on our online store or in person. Once you have placed an order with us, an official email is sent to you from our sales team, which signifies that we have received your order.
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Order Confirmation
Orders placed are different from confirmed orders. You will receive an order confirmation once we have received 50% or more of the total order value (including taxes and other charges) as an advance from you. Once we have received the advance, our sales team will send you an email confirming the receipt of advance alongwith the order confirmation email.
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Manufacturing Process
Manufacturing process for an order starts once we have received 50% or more of the total order value as an advance OR the artwork to be printed has been confirmed, whichever is later. You will receive an email from the sales team once the manufacturing process for your order has been started. Manufacturing process completion takes a maximum of 25-40 workdays excluding shipping time once the manufacturing process starts unless mentioned otherwise during order confirmation.
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Invoice
Your invoice will be issued digitally per e-mail, after your order has been dispatched. After an order has been invoiced, it is no longer possible to change the order and/or the contact details on the given invoice. Should your company details no longer be accurate requiring a new invoice to be issued, it will be at the sole discretion of Packadept to change the details.
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3. Delivery
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Notifications
After the manufacturing process is completed/nearing completion, we will notify you per email and you will be asked to complete the remaining payment. Once the payment from your side is complete, we will send you an email confirming the receipt of the payment and dispatch the goods within 2-5 workdays.
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Delivery Address
Orders will be dispatched to the billing address indicated by you during the billing process, unless a different delivery address is indicated by you. Please ensure that the delivery details we hold for you are correct. We will send you e- mail with shipping details and a tracking number as soon as we receive the consignment note from the shipping agency.
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Freight Costs
The goods are always sent on a to-pay basis, i.e., you pay the shipping cost of the goods and the Shipping Agency collects the cost of shipping from you at the time of delivery. In case of pre-paid shipping, the shipping cost on an approximation basis is taken before and added up to the order value. In case if the shipping cost is less than the amount paid by you, the remaining amount is refunded. In case if the shipping cost is more than what you have paid, the difference amount will asked for immediately or added to next order, at the sole discretion of Packadept.
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Mode of Transport
The goods can be sent via surface (road), air or surface (water). Depending upon the various factors, the mode of transport is chosen by us. Air transport is only used when you mention it explicitly over email. The shipping time depends on the mode of transport chosen and Packadept does not take any responsibility for any delays caused by the shipping agency. Once the goods are dispatched, it is your responsibility to track the package online or over telephone.
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Force Majeure
In the event that any delay in delivery has been caused by force majeure, the delivery date will be delayed by the amount of time caused by the source of the delay. In event that delivery of goods or services has been delayed for a period exceeding 12 months, the customer or Packadept has the right to cancel the order without any obligation whatsoever. This condition will apply no matter if the reason for the delay arises before or after the original agreed delivery date. If for any reason Packadept cancels the order, Packadept is however, not liable for any costs in connection by entering the agreement.
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4. Prices
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Currency
All prices mentioned are in INR (Indian National Rupee). All goods are invoiced in INR. For orders outside India, only USD or GBP is accepted. The exchange rate is applicable on the day the order is confirmed. For international orders, administrative charges are applicable, depending upon the size of the order. Administrative charges will be notified to you in the later stages of the order processing.
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Inclusions
The prices mentioned include the product and the packaging, including the immediate packaging and master packaging.
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Exclusions
The prices mentioned exclude taxes (both local and central), freight, government charges and any other administrative charges applicable as per your order.
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Pricing Changes
Packadept reserves the right to make price adjustments without preceding notification at any time. In the event of a pricing error, we reserve the right to correct the error and charge the correct price. Under these circumstances, we will contact you and notify you.
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5. Payment Methods and Terms
All the customers at Packadept pay in advance only. We accept pre-paid orders only. The order placed by you is confirmed once we receive 50% or more of the Total Order Value (including taxes and other charges) as an advance. Goods are only dispatched once we receive the full payment from you (including taxes and other charges).
We currently accept payments via Cheque, NEFT/RTGS, Demand Draft, Wire Transfer and Cash.
No cash payments are accepted.
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6. Missing, Damaged or Faulty Orders
We strive to ensure that your order arrives intact and complete. If you have ordered several products, they may not all arrive at once. Products that will be dispatched later will be invoiced separately but will bear the same order number. The expected delivery date of these products will be listed on the order confirmation.
You are obliged to check products upon receipt and inform our sales department if the received products are not of the usual quality. In case of any issues, Packadept will assess your claim and if needed to correct the mistake, replace the product, repair the product or issue a credit note. The above only applies when our sales department receives the complaint within 20 days from the date of invoicing.
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The risk of loss/damage of the goods transfers to you on delivery, to the address indicated by you in the order confirmation process. Whilst the goods are in your possession you must take reasonable care of them and not use them until they are returned.
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Packadept is not responsible for any damage or mistakes arising as a result of wrong handling, transport, storage or other conditions caused by a third party. Products being returned to Packadept are always returned on the customer’s account and risk.
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7. Custom-Made Designs
Packadept is copyright owner of all drawings, photos and samples made by Packadept. Packadept reserves the right to invoice any costs connected with development of designs and samples to the customer.
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8. Returns and Cancellations Policy
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Cancellations
If you decide to cancel your order after the order is confirmed, certain cancellation charges will be applicable as mentioned below before we start the refund process of the advance paid by you.
If the cancellation is done,
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Within 24 hours of order confirmation: Full Refund of the Advance Paid
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After 24 hours till the manufacturing process starts: No Refund
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Orders placed at trade shows are not refundable under any circumstances.
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When we are not able to refund the advance paid by you, the amount is not forfeited and you may redeem the paid advance anytime within the 180 days from the date of payment.
Returns
Orders once delivered are non-returnable unless there are manufacturing defects.
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If a manufacturing defect has been observed, please get in touch with our sales team. We will assess your claim and upon positive report, we will take you through the steps on initiating the return. Note that goods damaged during transit while returning the products are the responsibility of the customer.
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Goods that cannot be returned
Products with your logo print, custom-made products and products that in any other way have been processed cannot be returned or exchanged. Discontinued products purchased at prices reduced by more than 40% cannot be returned.
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9. Packadept’s Obligations
Packadept is obliged to supply the goods specified in the written confirmation of order or orders confirmed over email. Packadept is obliged, in reference to these terms and conditions of sale and delivery and any specially agreed conditions, to supply goods or services of normal quality in respect of materials, manufacture, handling, packaging and storage.
Packadept reserves the right to supply upto 10% more or less than the order specifies and to invoice the customer for the amount supplied.
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Unless the customer has supplied forms, drawings, clichés, etc., these shall remain property of Packadept, regardless of who has paid the cost of the material. Regardless of ownership, forms, drawings, clichés, etc., will only be stored for a period of three years from the last supply date for goods to which the material is used. If the customer requests samples, sample prints, drawings, etc., Packadept will be entitled to invoice the customer for these services.
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10. Reservations
Packadept reserves the right for misprints, sold-out products (back orders included), failure of suppliers’ transportation, changed product specifications and force majeure. Packadept cannot be held responsible for indirect consequential losses as well as profits or losses as a result of Packadept’s product responsibility, delays and/or missing delivery.
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11. Force Majeure
Packadept cannot be held responsible for shortages or delays in delivery caused by war, riots, civil unrest, governmental intervention or intervention by another public authority, fire, machine damage, strike, lockout, export and/or import restrictions, shortage of labour, fuel or any other reason, which lies out of the control of Packadept, and which causes delay or prevents fabrication, or delivery of the goods ordered.