Terms and Conditions (“Terms”)
Last updated: December 26, 2015
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.packagingcosmetics.com website (the “Service”) operated by East Hill Industries, Inc (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Different combinations of chemicals and plastics may react poorly with your products and become defective. We cannot guarantee that any container will function properly with your particular product.
We will provide you with samples of most of our products free of charge. Please test your products with each container before filling large runs!
East Hill Industries, Inc. assumes no responsibility for suitability of any container or closure for customers’ particular use. It is the customer’s responsibility to do product compatibility testing with containers and closures. We are not responsible for damages arising from the customer’s selection and use of containers and closures.
In the United States, we charge sales tax for sales of Products in states where we are required to collect it. Any sales tax charged will be indicated during the checkout process. If you live in a US state with sales or use tax and we do not collect sales tax, you are responsible for any applicable use taxes. We do not have the ability to honor tax-exempt entities at the time of order.
Taxes, Customs Duties and Fees outside of the United States
If your shipping address is outside of the United States, your items may be subject to taxes, customs duties and fees levied by the destination country (“Import Fees”).
If so, you are the importer of record in the destination country and are responsible for all Import Fees, to ensure that the Products can be lawfully imported, and to comply with all laws and regulations of the destination country.
We accept returns for refund or exchange, for defective items only. We do not allow for returns of unopened or unused items. For orders shipped from our Fedex account, refunds or exchange are available for items damaged in transit.
Refunds and Exchanges
To be eligible for a refund or exchange, you must first email us at [email protected] to alert us of the damage or defect, then return the item to us. Upon receipt of the damaged or defective item we will ship out a replacement, if available. If a replacement is not available we will refund the full purchase price of your item.
To return your product, you should contact us prior to shipping the item.
You will be responsible for paying your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of shipping will be deducted from your refund.
Shipping & Handling
Orders placed through Fedex may take 1 to 3 business days for handling before they are shipped. Fedex arrival times are not always accurate. If you select a shipping option during checkout, you will receive an email when the order is shipped. A handling charge of $4.95 is included in Fedex shipping costs.
Orders placed with the pick and pack option have many options for delivery. In addition to local pickup, customers often arrange for pickup through their own shipping account with Fedex, UPS or USPS. Orders placed with the “Pick and Pack” option will be contacted via email when the shipment is ready to arrange shipping. If you have a preferred shipping method please include notes with your order, or contact [email protected]
Risk of loss for items passes to you upon delivery of the items to you, and you are responsible for pursuing the third-party carrier for any loss occurring in transit.
You are responsible for examining all shipments promptly upon receipt. If you discover any shortages or incorrect products in the shipment, you must notify East Hill Industries, Inc. immediately.
To cancel an order, email [email protected] immediately. If the cancellation is received prior to shipping the order, you may receive a refund for the full cost of the order minus a 10% restocking fee. If the order has already shipped, the sale is final and a refunds are only issued in special cases.
Product Availability and Back Orders
Our “in stock” tubes store carries large quantities of each size and color tube, however availability is not guaranteed. If a product is not available, you will be contacted via email to inform you of the back order. If a response is not received within 48 business hours, then the back order is placed and the shipment will be arranged as soon as possible.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by East Hill Industries, Inc.
East Hill Industries, Inc has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that East Hill Industries, Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless East Hill Industries, Inc and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
In no event shall East Hill Industries, Inc, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
East Hill Industries, Inc its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us.