1. Introduction

Welcome to Bagsetc.com, operated by Bags Etc, Inc. (“we”, “us”, “our”). By accessing or using our website, products, and services, you agree to comply with and be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, please refrain from using our website.

2. Description of Services

Bags Etc, Inc. provides a comprehensive range of packaging products and services including, but not limited to:

• Packaging Materials: Roll stock film, bags, pouches
• Packaging Machinery: Equipment for packaging and industrial applications
• Industrial Packaging Systems: Solutions for large-scale packaging needs
• Industrial Production Systems: Systems to support industrial production processes
• Machine Parts: Replacement parts for machinery and equipment
• MDesign Services: Graphic design and 3D design
• Maintenance and Support: Cleaning, maintenance, and support services
• eCommerce: Sale of various goods, accessories, and services online

3. User Responsibilities

Users must adhere to the following responsibilities:

• Age Requirement: Must be at least 18 years old to make purchases.
• Prohibited Activities: Users are prohibited from engaging in unlawful activities, attempting unauthorized access to our systems, violating laws or regulations, distributing malware, harassing or harming others, and engaging in fraudulent activities.
• Compliance: Users agree to comply with all local, state, and federal laws and regulations.

4. Account Creation

• Registration: Users may create an account to access certain features. Accurate, current, and complete information must be provided during registration.
• Account Security: Users are responsible for maintaining the confidentiality of their account credentials and for all activities under their account. Immediate notification of any unauthorized use is required.

5. Payment Terms

• Accepted Payments: Credit Cards (Visa, Mastercard, Discover) and Wire Transfer for orders over $2500.
• Payment Schedule: A 50% deposit is required for custom orders, with the balance due prior to shipping.
• Currencies and Taxes: Payments are accepted in USD. All applicable taxes and duties are the responsibility of the customer.

6. Storage Charges

Orders that customers fail to accept shall be subject to storage charges at a rate of $2.10 per cubic foot per day, beginning 14 days after the customer has been notified that the product is ready for crating, pick-up, or shipping. These storage charges must be paid by the customer prior to crating, pick-up, or delivery. Seller specifically disclaims any liability for damages resulting from the storage of finished goods or materials stored contrary to industry standards.

7. Shipping and Delivery

• Shipping Methods: Vary by product and destination. Tracking information provided for all orders.
• Risk of Loss: Passes to the customer upon delivery to the carrier.
• Shipping Costs: Based on delivery location and product weight.
• Damaged or Lost Goods: Contact customer service for assistance as outlined in our shipping policy.

8. Returns and Refunds

• Eligibility: Items must be returned within 14 days in original condition and packaging.
• Process: Contact customer service to initiate a return, providing order number and reason.
• Refunds: Processed within 14 days of receipt. Original payment method credited.
• Note: No returns on custom orders.

9. Privacy Policy

We are committed to protecting your privacy. We collect, store, and use your personal data as described in our privacy policy, including the use of cookies and tracking technologies.

10. Intellectual Property

All content on our website is protected by intellectual property laws. Use of our trademarks, logos, or proprietary information without prior consent is prohibited.

11. Dispute Resolution

• Negotiation: Parties will first attempt to resolve disputes through negotiation.
• Mediation: If unresolved within 30 days, parties agree to non-binding mediation.
• Arbitration: Disputes unresolved by mediation will proceed to binding arbitration under AAA rules in Los Angeles County, California. The prevailing party is entitled to attorney’s fees.

12. Limitation of Liability

To the fullest extent permitted by law, Bags Etc, Inc. shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or relating to your use of our website or services. This limitation of liability applies to all claims, whether based on warranty, contract, tort, or any other legal theory.

13. Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. Parties agree that claims can only be brought in an individual capacity, not as a plaintiff or class member in any class, collective, or representative proceeding.

14. Indemnification

You agree to indemnify and hold Bags Etc, Inc. harmless from any claims arising from your use of our website, violation of these Terms, or infringement of any rights.

15. Modification of Terms

We reserve the right to modify these Terms at any time. Changes are effective immediately upon posting. Continued use of our website following changes constitutes acceptance of the new Terms.

16. Miscellaneous

• Severability: If any provision is found invalid or unenforceable, the remaining provisions remain in effect.
• Entire Agreement: These Terms constitute the entire agreement between you and Bags Etc, Inc.
• Waiver: Failure to enforce any right or provision is not a waiver of those rights.
• Assignment: Rights or obligations under these Terms cannot be assigned without consent.

17. Contact Information

For questions or concerns regarding these Terms, contact us at:
Data Protection Officer
Bags Etc, Inc.
26352 Ruether Ave.
Santa Clarita, CA 91350
Email: info@bagsetc.com

18. Governing Law

These Terms are governed by the laws of the State of California without regard to its conflict of law principles.

19. Force Majeure

We are not liable for failure to perform caused by acts of God, war, labor disputes, embargoes, government orders, or any other force majeure event.

20. Electronic Communications

By using our website or sending emails to us, you consent to receive electronic communications from us. Such communications satisfy any legal requirement that they be in writing.

21. Children’s Privacy

We do not knowingly collect personal information from children under the age of 13. If we become aware that we have inadvertently received personal information from a child under the age of 13, we will delete such information from our records.

22. Amendments and Termination

We reserve the right to amend or terminate our services, or any features or portions thereof, without prior notice at any time and for any reason. Your continued use of our website following any changes signifies your acceptance of these changes. If the services are terminated, the rights and obligations incurred prior to the termination date shall survive.

23. Feedback and Submissions

Any feedback, comments, ideas, improvements, or suggestions provided by you regarding our services or products become the property of Bags Etc, Inc. We are not required to provide any compensation for any feedback that may be used in our business operations, such as enhancements to our services or products.

24. Accessibility

We strive to make our website accessible to everyone, including individuals with disabilities. We are continually working to improve the accessibility of our website to ensure we provide equal access to all of our users.

25. Additional Terms

Certain sections or pages on our website may contain separate terms and conditions, which are in addition to these Terms. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

26. Acknowledgement

By using our website, you acknowledge that you have read these Terms and agree to be bound by them without limitation or qualification. If you do not agree to these Terms, you should not access or use our website.

27. International Users

The Service is controlled, operated, and administered by Bags Etc, Inc. from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Bags Etc, Inc. Content accessed through Bagsetc.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

28. Contacting Us

For further information regarding these Terms, or to request any information or clarification, please contact us at the details provided in Section 17. We welcome your questions and suggestions regarding our Terms and Services.

Effective date: May 01, 2024

Last Updated: May 17, 2024