Terms of service

OVERVIEW
Welcome to ProntoPack. This website, tryprontopack.com, and the related information, content, tools, products, and services (together, the "Services") are operated by ProntoPack LLC, a California limited liability company ("ProntoPack," "we," "us," or "our"). ProntoPack is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service ("Terms"), together with our Shipping Policy, Refund Policy, and Privacy Policy, describe your rights and responsibilities when you use the Services or purchase from us. Please read them carefully; they include warranty disclaimers, limitations of liability, and a governing-law clause. By visiting the Services or placing an order, you agree to be bound by these Terms. If you do not agree, do not use the Services.

SECTION 1 - ELIGIBILITY AND ACCOUNTS
You must be at least the age of majority in your state to purchase from us. If you place an order on behalf of a business, you represent that you are authorized to bind that business to these Terms. You are responsible for keeping your account credentials secure and for all activity under your account. Wholesale accounts are subject to our approval and to any additional written terms we provide at approval.

SECTION 2 - OUR PRODUCTS
We make every effort to describe our products accurately, including dimensions, gauge, pack counts, and material. Product colors and finishes may appear differently on your screen than in person, and packaging materials carry normal manufacturing tolerances in dimensions, thickness, and color. Product descriptions and availability may change at any time without notice, and we may limit quantities or discontinue any product at our discretion.

SECTION 3 - ORDERS AND ACCEPTANCE
Placing an order is an offer to purchase. We may accept or decline any order for any reason, including suspected fraud, pricing or inventory errors, or an inability to ship to your address. Your order is not accepted until we send a shipping confirmation. Because in-stock orders are dispatched quickly, we may not be able to accommodate changes or cancellations after an order is placed. If we cancel or change an order, we will notify you at the email address on the order and refund any amount already charged.

SECTION 4 - PRICES, BILLING, AND TAXES
Prices are in U.S. dollars and are subject to change without notice. The price charged is the price shown at the time your order is placed, as stated in your order confirmation. Unless expressly stated, prices do not include shipping, handling, or taxes; applicable sales tax is calculated at checkout based on the ship-to address. Tax-exempt resellers must supply a valid resale certificate before we can remove tax from an order. You agree to provide current, complete, and accurate payment information and authorize us to charge your payment method for the total shown at checkout, including shipping and taxes.

SECTION 5 - WHOLESALE, VOLUME, AND CUSTOM-PRINTED ORDERS
Wholesale and volume orders are quoted individually and are governed by the written quote we issue, which controls over anything inconsistent in these Terms. Custom-printed products are produced to your specification: we will provide a digital proof for your approval, production begins only after you approve the proof in writing, and you are responsible for the accuracy of all artwork, text, sizes, and colors on the approved proof. Custom-printed orders may ship with an over- or under-run of up to 10 percent, invoiced at the unit price; this is standard in packaging manufacturing. Custom-printed orders cannot be cancelled once production begins and are not returnable except as stated in Section 7.

SECTION 6 - SHIPPING, DELIVERY, AND RISK OF LOSS
Shipping rates, service levels, and oversize and freight surcharges are described in our Shipping Policy and shown at checkout. Delivery dates are estimates and are not guaranteed; we are not liable for carrier delays or events outside our control. Title and risk of loss pass to you when we hand the goods to the carrier. Freight (LTL) shipments are quoted for curbside delivery to a commercial address unless stated otherwise; residential, liftgate, appointment, or inside delivery may carry additional carrier charges. Please inspect freight shipments on arrival and note any visible damage on the carrier's delivery receipt before signing, which is required for a damage claim to be honored.

SECTION 7 - RETURNS, DAMAGE, AND DEFECTS
Returns and refunds are handled under our Refund Policy. In summary: unused stock items in original, unopened packaging may be returned within 30 days of delivery, with return shipping paid by the customer unless the item was defective or shipped in error; custom-printed items are not returnable unless defective or inconsistent with the approved proof; and damaged, defective, or incorrect items reported within 7 days of delivery with a photo will be replaced or refunded at no cost to you.

SECTION 8 - INTELLECTUAL PROPERTY
The Services, including all text, images, graphics, product photography, layouts, and the ProntoPack name and logo, are owned by ProntoPack or its licensors and are protected by U.S. and international intellectual-property laws. You may use the Services to browse and purchase products; you may not copy, scrape, reproduce, or create derivative works from our content without our prior written consent. Third-party brand names appearing on the Services are the trademarks of their respective owners.

SECTION 9 - CUSTOMER ARTWORK
When you submit artwork, logos, or text for custom printing, you represent that you own or have the right to use them, and you grant us a limited license to reproduce them solely to produce your order. You are responsible for ensuring your artwork does not infringe any third party's rights or violate any law, and you agree to indemnify us against claims arising from artwork you supply. We may decline any artwork at our discretion.

SECTION 10 - THIRD-PARTY TOOLS AND LINKS
The Services may include third-party tools or links to third-party websites that we do not control. We provide them "as is" without warranty and are not responsible for their content, accuracy, or practices. Your use of them is at your own risk and subject to their terms.

SECTION 11 - RELATIONSHIP WITH SHOPIFY
ProntoPack is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with ProntoPack. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and ProntoPack, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with ProntoPack.

SECTION 12 - PRIVACY
Personal information you provide through the Services is governed by our Privacy Policy, available in the footer of this site, and certain information is also subject to Shopify's Privacy Policy at shopify.com/legal/privacy/app-users. By using the Services you acknowledge that you have read these policies.

SECTION 13 - FEEDBACK AND REVIEWS
If you send us suggestions, reviews, or other feedback, you grant us a perpetual, royalty-free license to use it for any purpose, including improving and promoting the Services, without obligation to you. Feedback must be your own, accurate, and free of unlawful or infringing content, and we may remove any feedback at our discretion.

SECTION 14 - ERRORS AND OMISSIONS
The Services may occasionally contain typographical errors or inaccuracies in product descriptions, pricing, shipping charges, transit times, or availability. We reserve the right to correct errors and to update information or cancel affected orders at any time, including after an order is submitted, and we will refund any amount charged for a cancelled order.

SECTION 15 - PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services to violate any law; infringe our or others' intellectual-property rights; submit false or misleading information; transmit malware; scrape, spider, or harvest data; interfere with the security or operation of the Services; or impersonate any person or entity. We may suspend or terminate access for violations.

SECTION 16 - TERMINATION
We may terminate or suspend your access to the Services at any time, with or without notice, and you remain responsible for all amounts due through the date of termination. Sections that by their nature should survive termination, including intellectual property, disclaimers, limitation of liability, indemnification, and governing law, will survive.

SECTION 17 - DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR OUR REFUND POLICY, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY PRODUCT IS SUITABLE FOR A PARTICULAR APPLICATION, CARRIER, OR REGULATORY REQUIREMENT; YOU ARE RESPONSIBLE FOR CONFIRMING SUITABILITY FOR YOUR USE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

SECTION 18 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, PRONTOPACK LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, AND SERVICE PROVIDERS, AND SHOPIFY AND ITS AFFILIATES, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO AN ORDER WILL NOT EXCEED THE AMOUNT YOU PAID FOR THAT ORDER. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, IN WHICH CASE OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ProntoPack LLC, Shopify, and our respective affiliates, members, managers, employees, agents, contractors, and service providers from any claims, damages, liabilities, and expenses, including reasonable attorneys' fees, arising from your breach of these Terms, your violation of any law or third-party right, artwork you supply, or your use of the Services or of products purchased through them.

SECTION 20 - GOVERNING LAW AND DISPUTES
These Terms and any dispute arising from them or from your purchases are governed by the laws of the State of California, without regard to conflict-of-law rules. You and ProntoPack agree to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California, except that either party may bring an individual claim in small-claims court where it qualifies. To the extent permitted by law, each party waives any right to a jury trial and to participate in a class action relating to these Terms.

SECTION 21 - GENERAL
If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver of it. These Terms, together with the policies referenced in them and any written quote we issue, are the entire agreement between you and ProntoPack regarding the Services and supersede prior agreements on the same subject. You may not assign these Terms without our written consent; we may assign them without notice. Headings are for convenience only.

SECTION 22 - CHANGES TO THESE TERMS
We may update these Terms at any time by posting the revised version on this page. Material changes take effect on the date stated in the notice or, if none, when posted. Your continued use of the Services after changes are posted constitutes acceptance of the revised Terms.

SECTION 23 - CONTACT INFORMATION
Questions about these Terms should be sent to orders@tryprontopack.com.
ProntoPack LLC
1234 Luneta Dr, Del Mar, CA 92014, United States
orders@tryprontopack.com