LAST UPDATED AND EFFECTIVE: December 31, 2019
Nice-Pak Products, Inc. (the “Company,” “we,” “us” or “our”) sells products on its website, www.grimeboss.com (the “Site”), for professional or commercial purchase only. These Terms of Sale (“Terms of Sale”) govern the order, payment, shipping and return of Company products sold directly on the Site. BY REGISTERING FOR AN ACCOUNT, ACCESSING PRODUCT PURCHASE INFORMATION, OR ORDERING PRODUCT(S) THROUGH THE SITE, YOU AGREE TO THESE TERMS OF SALE.
1. Sale To Business Customers Only
The Company sells products directly through the Site to companies or other legal entities only (each, a “Business”), and not to individuals. If you wish to purchase Company’s products on your own behalf and not on behalf of a Business, please visit the portion of the Site applicable to individuals for information on where to purchase such products.
If you wish to access information, content or pricing related to products available for purchase directly through the Site (“Product Purchase Information”), or to engage in the purchase of products directly through the Site (“Transaction(s)”), you will be required to register for an account on the Site on behalf of the Business and provide certain personal and business information. The decision to provide this information is purely voluntary. However, if you elect not to provide the requested information, you will not be able to access certain information relating to products for purchase through the Site, including, without limitation, product pricing and quantities, nor will you be able to engage in any Transaction(s). If you register for an account, you agree to (i) provide true, accurate, current and complete information about yourself and the Business when we request it; (ii) maintain and promptly update this information to keep it true, accurate, current and complete; (iii) access Product Purchase Information or engage in Transaction(s) using only the access credentials we have issued to you for this purpose; and (iv) exit your account at the end of each session in which you have logged-in to the Site. You must maintain the confidentiality of any access credentials that we issue to you and may not share them with any other person, including other persons within the Business. Any other person within the Business who wishes to access Product Purchase Information must create their own account on behalf of the Business in accordance with these Terms of Sale. You must notify the Company immediately of any unauthorized use of your credentials or any other breach of security. In any case, you will be responsible for any activities that occur using your access credentials, including any charges resulting from the use of your account.
If you wish to purchase any product made available through the Site, in addition to registering for an account on behalf of the Business, you may be asked to supply certain information relevant to your Transaction, including, without limitation, information about your method of payment (such as your payment card number and expiration date), billing address, and shipping information. You acknowledge that Company uses a third-party payment processor to process orders and bill fees to your credit card. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Company the right to provide such information to third parties for purposes of facilitating the completion of the Transactions initiated by you or on your behalf. Verification of information may be required prior to acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products and prices of products described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products on the Site does not imply or warrant that these products will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Company reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product. You agree to pay all charges that may be incurred by you or on your or the Business’ behalf through the Site, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
By engaging in a Transaction, you represent, acknowledge and agree that you are at least the age of majority in your jurisdiction of residence, or if you are under the age of majority and at least 13 years of old, that you are engaging in the Transaction with the consent of your parent or legal guardian and that you have received your parent or legal guardian’s permission to engage in the Transaction(s).
You shall not market or sell products to anyone outside the United States or Canada. Furthermore, you shall make reasonable effort to resell products within a period of one (1) year from purchase to ensure end-using consumers receive product in good working condition. Do not market or sell products beyond their shelf life, generally two years from manufacture. If a product’s shelf-life is in question, please contact us at email@example.com. These Terms of Sale are not exclusive. We may sell to other resellers (including those who may compete with you) to sell or market products to anyone. Company may sell or market (whether directly or indirectly through a third party) products and services at any price Company chooses without any obligation or liability to you. These Terms of Sale do not guarantee that you will make any sales of products. We reserve the right to not sell to any customer for any reason.
5. Availability, Errors or Inaccuracies.
Company’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Company endeavors to describe and display its products accurately on the Site. Despite these efforts, there may occasionally be items on the Site that are mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Site. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, or availability, and Company reserves the right to change or update information or to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience caused by the foregoing.
6. Product Pricing and Sales
Product listings, purchase options, and purchase placement on the Site are offers to conclude sales contracts only. The sales contract is only effective upon confirmation of order by the Company via email to the email address connected to your registered account. All product prices include shipping charges, but exclude any applicable taxes. You remain responsible for paying and collecting any taxes, if applicable. The Company will also email to you an order receipt upon order fulfilment, and such receipt shall contain the final total price. You acknowledge and agree that the Company does not engage in price protection, nor does it issue any refunds in the event of promotions or price decreases.
7. Coupons and Promotions
Coupons and promotional codes which may be provided to you are for individual account use only. You may not transfer, reproduce, trade, offer for sale, publish, or otherwise share any Company coupons or promotional codes unless the terms of the coupon or promotional code expressly permit you to do so. We reserve the right to cancel any orders when we have any reason to believe that a coupon or promotional code is being used by an account other than the intended recipient, or in the case of suspected abuse, misuse or fraud. We reserve the right to terminate a coupon or promotional code at any time and/or set expiration dates for such coupons or promotional codes at any time in our sole discretion. Coupon codes and promotional codes are not valid on prior purchases and may not be combined with other offers and/or discounts.
8. Refund Policy
The Company has a strict refund policy, and refunds shall only be permitted in accordance with this section. In the event the Company ships product(s) to you other than what was ordered, you must notify the Company in writing of such error in shipment within 5 days from your receipt of delivery. In the event the Company ships product(s) to you which are received by you in a damaged or defective state, you must notify the Company within 30 days from receipt of delivery. Upon timely reporting and the Company’s reasonable verification of your claim, Company will send you replacement product(s) (as applicable) at no additional charge. If Company is unable to replace the product(s) due to unavailability, Company will refund the purchase price of the affected product(s) to your original payment method or provide a credit to your account towards a future sale. In addition, Company may, in its sole discretion, require you to return any product(s) sent in error, or deemed damaged or defective, and may require such action prior to Company’s replacement of product(s). All refund requests hereunder must be made to firstname.lastname@example.org. The Company does not provide refunds under any other circumstances, including, without limitation, product damage due to misuse, lack of care, mishandling, accident, abuse, or other abnormal use.
The Company accepts payment via credit card only. You agree to pay all costs and fees charged to your account in accordance with these Terms of Sale. You are also responsible for paying any sales and use taxes that may apply to your purchase of products based on the shipping address connected to your Site account, and you authorize the Company and our third-party payment processor to charge your credit card for any such taxes and fees. Your credit card will be charged prior to product shipment. If your credit card cannot be charged for any reason or payment is rescinded, the Company reserves the right to suspend or terminate your Site account and your ability to purchase any product(s) through the Site. All Transactions shall be in United States dollars.
The Company and our third-party payment processor may receive updated credit card information from your credit card issuer at the election of such issuers. Neither Company nor our third-party payment processor shall be responsible for the disclosure by such issuers of your credit card information. You may have the right to opt-out of such disclosure through your credit card issuers. It is your responsibility to contact your credit card issuer for more information on opting-out of such disclosures.
10. Shipping and Product Acceptance
Shipment dates are estimates only and are subject to change. All product shipments are sent via FedEx Ground, and delivery is only available to all 50 states in the United States. The Company does not ship products purchased on the Site to any other country or territory (including United States territories). Risk of loss and title for all products pass to the Business upon delivery of the products to the carrier.
11. Correspondence and Notices
Any and all correspondence and notices from or on behalf of the Company to you shall be in the English language. You acknowledge that Company may correspond with you through any avenue connected with your Site account, including by phone, postal mail and electronic mail. All correspondence related to Transactions must be directed to email@example.com
12. Additional Terms and Conditions