Terms of Service

Please read these Terms of Service ("Terms") carefully before using or purchasing from PackFixed AB (hereafter also referred to as “Seller” “we”, “us”, “our” ) at our website www.packfixed.com (“Website”) or through other channels.

This Website and the functionalities provided through it are provided by the PackFixed AB, Org. No.559409-4525, Högsjövägen 3, 125 40 Älvsjö. (the “Seller”) who owns and administers the Website.

When using the Website and other PackFixed services (the “Service” or “Services”) regardless of the purpose of use, these Terms will constitute a legally binding contract between us, Packfixed and you (hereinafter referred to as “User”, “Buyer”, “You”, “Your”, “Yours”).

These Terms shall apply to you as a User of the Services and Buyer of the Goods and shall govern your use of the Website and other related Services. Your access and use of the Services is conditioned upon your acceptance of and compliance with these Terms. 

By using our Website, you accept these Terms in full. If you disagree with any part of the Terms, you must not use our Website and shall not have permission to access the Services and make a purchase via our Services.

DEFINITIONS:

Price: refers to the price of the Goods, valid at the date and time of the Order, inclusive of all promotional offers and rebates; The price does not include taxes (VAT) and delivery costs.

Business days: weekdays from Monday to Friday (with the exclusion of public holidays in accordance with the laws of the Kingdom of Sweden).

Written form: also includes e-mail messages clearly specifying the name of the sender and recipient, unless the Terms state otherwise.

User Account: a service provided electronically in form of registered account of the User on our Website. User Account gives the User access to the User’s personalized administration panel accessible after successful registration and logging on to the Website - after providing a pre-set login and password through which the User can place an Order, and in which the User's information and documentation related to his Orders are stored.

Entity: refers to any natural or legal person, as well as an unincorporated organizational unit, to which the law grants legal capacity.

Privacy Policy: a document regulating the security of privacy protection and the processing of the User’s personal data; The Privacy Policy is available at this web address:  Privacy Policy (packfixed.com) 

Terms: refers to these Terms of Services.

Force majeure: means any external event, impossible to predict by the Parties, the consequences of which could not have been prevented, particularly a natural disaster, terrorism, hostilities, violent riots, strikes, acts of public authority requiring subordination or introducing any restrictions, other common disturbances affecting many enterprises, including disruptions not attributable to the Seller, or interruptions in the supply of electricity or other utilities.

Seller: refers to PackFixed AB, Org. No.559409-4525, Högsjövägen 3, 125 40 Älvsjö

Supplier: refers to PackFixed approved suppliers of the Goods

Parties: refers to Seller and the User/Buyer

Goods: refers to the Goods(s) sold by the Seller in accordance with these Terms

Contract of Sale refers to the Contract for the sale of the Goods concluded by way of an Order placed by the User via the Website or by other means of written communication and a confirmation of this Order by Packfixed; The contract of sale is concluded in accordance with the provisions of these Terms between the Seller and the User, via the Website sales system, by e-mail or in other written form.

User: refers to an entity with full legal capacity using the Website, in particular whose name appears on the Order.

Order: refers to a declaration of will of the User leading directly to the conclusion of the Contract of Sale containing its essential terms; Orders may be placed electronically via the Website sales system, by e-mail, or other writing form 24 hours a day, 7 days a week throughout the year, with the reservation that their processing takes place on Business Days from 9.00 to 18.00; The User may place Orders for the Goods available on the Website, as well as for customized Goods based on previous written agreement between the Buyer and the Seller.

Service(s): means all services provided to User/Buyer by Packfixed through our Website and other means of communication including but not limited to email, other forms of written communication, telephone in accordance with these Terms; The Services include, but are not limited to, packaging Goods search engine, Goods listing, order form via Website or other means of written communication, interactive forms including Account registration, contact form, FAQ, Newsletter, Account creation and maintenance, and similar.

Website: refers to an online Service provided and operated by Packfixed 

Complaint: A statement of the Buyer about quality issue(s) of the Goods (i.e., manufacturing faults, Goods not functioning, damaged Goods) 

1. GENERAL

The Website is an online Service provided and operated by Packfixed for companies (User, Buyer) that buy Goods and manages their purchase process through Packfixed. The User expressly agrees that use of our Website is at User´s sole risk.

If You use our Website in the course of a business or other organizational project, then by doing so you:

• Confirm that you have obtained the necessary authority to agree to these Terms
• Bind both yourself and the person, company or other legal entity that operates that business or organizational project, to these Terms; and
• Agree that you in these Terms shall reference both the individual user and the relevant person, company, or legal entity unless the context requires otherwise.

By creating a User Account on our Website you give us permission to collect personal data about you according to Packfixed Privacy Policy.

2. USING THE WEBSITE

2.1. Accounts and Registration:

You must be at least 18 years of age to use our Services. By agreeing to these Terms, you warrant that you are at least 18 years of age, have not been previously suspended or removed from the Services; and your registration and use of the Services is in compliance with all applicable laws and regulations.

To access most features of the Services, you must register for a User Account at our Website. You need to complete and submit the registration form to create the User Account. As soon as you complete the registration through the activation link sent to your e-mail address, a Contract for the provision of electronic services for operating the Account is concluded for an indefinite period between You and the Seller.

You represent and warrant that all information provided on the registration form is complete and accurate and you must keep it up to date at all the times. Packfixed reserves the right to verify and approve any User including verifying the representative of any organization who carries out the registration process to create a User Account.

You are not allowed to use as a username the name of another person or entity that is not lawfully available for use and/or you do not hold appropriate authorization for. You may not use any offensive, vulgar, or obscene words. All given information must be truthful, accurate and complete. 

When registering a User Account with our Website, you will be asked to provide name, surname, an email address/user ID and password. You also agree to: 

1. keep your password confidential; 
2. to accept responsibility for any and all activities or actions that occur under your User Account and/or password; 
3. notify us in writing immediately if you become aware of any disclosure of your password or other log-in details; and 
4. be responsible for any activity on our Website arising out of any failure to keep your password and log-in details confidential, and that you may be held liable for any losses arising out of such a failure.

Your User account must be used exclusively by you, and you shall not transfer it to any third party.  Any authorization to use and manage your account on your behalf shall be at your own risk.

2.2 Termination of User Account

We reserve the right to limit, suspend or terminate your User Account, and/or edit your account details, at any time in our sole discretion and without notice or explanation. We may terminate the Account contract at any time with immediate effect in the event of a gross violation of the Terms by the User, in case of lack of activity for over 6 months, or any other legitimate reason.

You may cancel your User Account at any time with immediate effect by sending a written declaration of withdrawal to the Seller. The termination is effective upon its receipt by the Seller. The termination of the services for operation of the User Account does not affect the concluded Contract of Sale. 

3. ORDERS AND CONCLUSION OF THE CONTRACT OF SALE 

Packfixed is distributing Goods from various manufacturers. 

All Goods are offered for sale depending on availability and depending on the acceptance of the Order by the Seller. PackFixed is also offering customized Goods based on Buyers specification.

3.1 Order and Contract of Sale

Orders may be placed by persons who have an User Account on our Website or through other means of communication (ie. email, written agreement)

By placing an Order, the Buyer submits to the Seller an Offer to conclude a Contract of Sale for the Goods selected by him, on the terms specified in the Order. The Contract of Sale is concluded once the Seller accepts this offer, upon receipt by the Buyer of the confirmation of the terms of the Order, sent via e-mail by the Seller to the e-mail address provided by the Buyer in the Order.

The Order will not be binding until Packfixed has accepted it via e-mail to the e-mail address provided by the Buyer in the Order.

All information on delivery times at the time of the Order confirmation is to be considered the best effort indication based on information available to Packfixed at the time of the Order confirmation, but shall by no means be binding upon Packfixed. Delivery details will be confirmed by PackFixed via email upon shipping of the Goods from Packfixed´s supplier. 

In the event of refusal to accept the Order placed by the Buyer by the Seller, the Seller is required to state the reason for such refusal. 

Please note that due to wastage during production, we allow for over- or under-shipment of 10 % of the custom made (user own colour or artwork) Goods. 

3.2 Right to cancel orders

Packfixed reserves the right to cancel any Orders within 72 hours after order placement. Buyer may not cancel the order once it has been confirmed by Packfixed via email.

4. SALES, PRICE AND PAYMENT TERMS

4.1 Sale of Goods

At the time of concluding the Contract of Sale in accordance with the provisions of these Terms, the User is required to pay the Seller the amount of the Order. The amount stated in the Order constitutes the total amount that the User will be required to pay for Contract of Sale, along with the due tax and delivery costs, unless otherwise indicated by Packfixed.

4.2 Prices and Payment

The Prices are clearly marked as not including any taxes, VAT or similar governmental assessments. The user is responsible for all taxes and/or fees applicable in the territory to which the Goods are sent. 

Packfixed charges the agreed purchase amount according to the Order confirmation.  The User may choose one of the following forms of payment:

1. Credit card/debit card
2. Invoice
3. Other means of payment as indicated in the Order 

The amount shall be paid either directly after order placement, or within the time period indicated on the Invoice. PackFixed reserves the right to require selected Buyers to pay the amount indicated on the Invoice immediately after the Order is placed as a precondition for delivery of the Goods.

All the costs related with international bank transfer, including the costs charged on the recipient side, should be covered by the Buyer. 

Any overdue and undisputed payments shall carry interest in accordance with the Swedish Interest Act.

Invoices used as proof of purchase will be sent to the User by e-mail to the e-mail address provided in the Order in the form of a pdf. file.

5. DELIVERY

5.1. Delivery of Goods

Delivery of the Goods will be made to Buyer on behalf of Packfixed by the Supplier of the Goods. The Goods are delivered Ex-works (EXW) as specified in the applicable Incoterms. 

The Buyer will be informed by email once the Goods are dispatched from the Supplier. Delivery is made from the Supplier’s warehouse unless otherwise agreed. Buyer shall pay all costs for delivery, including transport fees, customs fees and other duties. 

PackFixed is recommending the Buyer to always arrange for adequate transport insurance for the Goods. The costs in relation to (arranging for) transport insurance shall always be for the Buyer. 

The Buyer can agree in writing with PackFixed that he arranges for its own transportation of the Goods or picks the Goods personally at the Supplier site. In such case the Buyer bear the full risks, including but not limited to risks related to storage, loading, transportation, insurance and unloading. 

If the Seller is unable to deliver the goods by the agreed date due to circumstances which the Seller could not have foreseen or prevented at the time of conclusion of the Contract of Sale, the Seller shall inform the Buyer thereof. In such a case, the Seller shall not be liable for failing to perform its duty from the Contract of Sale. The parties shall agree on a new date of shipment, taking into account each other's capabilities and requirements, in a separate agreement.

The Buyer may not refuse acceptance of the Goods or any part thereof solely for the reason of partial delivery. 

The Seller reserves the right to deliver the Goods in separate shipments. If the Goods are to be delivered in separate shipments, each delivery will constitute a separate Contract of Sale.

In the event of failure to collect the Goods in defined time by the courier, the Seller will be entitled to withdraw from the Contract of Sale. In such case, Packfixed is still entitled to charge the Buyer the agreed Order Price including all costs for delivery and shipment and any compensation due for supplied services.

6. GOODS QUALITY, INSPECTION AND COMPLAINTS 

6.1 Inspection of Goods upon delivery

The Buyer is required to inspect the Goods on delivery, in particular its amount and quality. When receiving the package, the User should verify whether the packaging has not been damaged during transportation and whether the contents of the package are consistent with the Order. In the event that the contents of the package are inconsistent with the Order, receipt or VAT invoice, or if the Goods have been damaged, the User should file a report based on procedure of the courier company and inform in writing Packfixed immediately. 

6.2 Goods deviations 

The Seller reserves its right that there might be slight differences in colour shades between the Goods (also within one batch), depending on the raw material used for production. The Seller is making every effort to show and describe the colours of the Goods presented on its Website as accurately as possible. However, we cannot guarantee that the colours of the delivered Goods will accurately reflect those displayed on the User´s monitor.

The Goods might have minor deviations from stated measurements, form, weights, shape, thickness, compositions, material quality, colours or other deviations which are considered to be within the acceptable industry and manufacturing standards. These deviations shall not entitle the Buyer for any claim or compensation. Packfixed recommends the Buyer to request samples prior order placement to assess possible expected deviations. Samples can be ordered either via our Website or by contacting PackFixed in writing. 

6.3 Goods compatibility and fit for use

PackFixed does not guarantee that the Goods are suitable for the intended use of the Buyer. It’s the Buyers responsibility to check the compatibility of all Goods and its components with their formulations and foreseeable use prior the Order placement. The Buyer is obliged to check the Goods compatibility with his Goods in terms of safety, compliance and legal requirements of the Goods. PackFixed instructs the Buyer to perform self-tests for ensuring an appropriate application of the Goods. 

6.4 Complaints and liability 

Buyer understands and accepts that Packfixed is not the manufacturer of the Goods and that Packfixed procures Goods from several different Suppliers. Packfixed liability and responsibility regarding delivered Goods is limited to what Packfixed is provided by the Supplier on a back-to-back basis. Packfixed will, if necessary, share with the Buyer the relevant liability provisions. 

In the event that the Buyer discovers any quality issues (i.e. manufacturing faults, not functioning Goods, damaged Goods) during the inspection after receipt of the Goods, it shall immediately, within two business days and latest ten (10) business days after receiving the Goods, inform the Seller hereof, by making a written complaint (“Complaint”)  to the following e-mail address: info@packfixed.com.

If the Seller does not receive any notification within the said period, it will be assumed as an established fact, that the Goods have been delivered free from defects.

Buyer´s Complaint shall contain at least the following: description of the reason for the Complaint, number of defective Goods, photos or recordings of the defective Goods, indication when the defect happened and how.

Packfixed will handle the Complaint in relation to the Supplier of the Goods and will investigate the complaint with its supplier. If necessary, PackFixed may request the return of the delivered Goods to the Supplier to investigate the complaint. 

The Seller shall notify the Buyer of the outcome of the Complaint in a notification sent to the email address provided by the Buyer in the Complaint. Packfixed reserves the right to reject any Complaint if it is not supported by submitted documentation. If the Complaint is accepted, the Seller will redeliver non-defective Goods, pay back the amount for defective Goods or give the Buyer a price reduction.

The Buyer agrees that any Complaint regarding the quality or condition of the Goods presented after the period for submitting a Complaint has ended, or that is not complying with the Complaint procedure established in this clause, shall be considered as an invalid Complaint and shall relieve Packfixed from any liability regarding such quality or condition of the Goods.

All communication regarding potential complaints and quality inspections shall, in order to be valid, be processed in writing through email communication.

The Seller shall not be liable for losses, damages, costs or expenses (including loss of profits) resulting directly or indirectly from non-performance or delay in performing any obligations under the Contract due to any event or circumstances beyond the Seller's control, including (but not limited to), strikes, protests, power or equipment failures, government actions or force majeure.

6.5 Returns

PackFixed does not accept returns of the orders delivered unless the Goods are defective.

7. MISCELLANEOUS GENERAL PROVISIONS 

7.1 Intellectual property

Unless otherwise specifically agreed in writing with Packfixed nothing in the Terms gives the User the right to use any of the Packfixed trade names, trademarks, logos, domain names, or other distinguishing marks.

This Website is owned and managed by the Seller. Unless otherwise stated on the Website, Packfixed holds the copyright to all content contained therein. The content includes but it’s not limited to: text, graphics, logos, pictures, audio clips, trademarks, software server information and other information on the site. All rights to the content, services and information about the server are reserved. Any changes made to the content on the site by a third party constitute a breach of our copyright.

Excluding your User Account information, you are aware that all the intellectual property rights, including copyrights, patents, trademarks and trade secrets, in our Website are owned by PackFixed or our Suppliers. These Terms and access to our Website do not give you any rights, title, or interest in or to any intellectual property rights to this content,

7.2 No legal or operational advice disclaimer

It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, documents, contracts, or other content available through the Packfixed Website. No content on the Website shall be regarded as legal or operational advice. Packfixed is expressly not liable for any errors or omissions in the content, or for the consequences of actions based on reliance on any content.

7.3 Modification of Terms

Packfixed reserves the right to, without liability, at any time, amend, add or remove parts of these Terms. It is your own responsibility to stay informed of any update of the Terms each time you use the Website. Your continued use of the Website after changes have been made in the Terms means that You accept and agree to those changes.

7.4 Confidential information

As confidential information is considered: all of the other party’s information, technical and business data or know-how which is designated in writing, or identified orally as confidential or proprietary, or which information would, under the circumstances, appear to a reasonable person to be, confidential and/or proprietary information.

Confidential Information does however not include information that:

1. was in or enters the public domain through no fault of the receiving party;
2. is communicated by a third party to the receiving party free of any obligation of confidentiality;
3. has been independently developed by the receiving party without reference to any Confidential Information of the disclosing party; or
4. was in the receiving party’s lawful possession prior to disclosure and had not been obtained either directly or indirectly from the disclosing party.

Each Party shall hold the other Party’s Confidential Information in confidence and shall not disclose such Confidential Information to third parties nor use the other Party’s confidential information for any purpose other than as required to perform under these Terms or any other agreement between the Parties.

7.5 Assignment

You have no right to transfer, assign or sublicense its rights under these Terms to any other third party, in whole or in part, without the prior written consent of Packfixed.

7.6 Severability and non-waiver

If any provision of these Terms is held to be legally invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Failure by either Party to enforce any provision of these Terms or to exercise any right in respect thereto shall not be construed as constituting a waiver of such provision or right unless express and in writing. No waiver shall be interpreted as setting a precedent.

7.7 Indemnification

You agree to defend, indemnify and hold harmless Packfixed 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, by you or any person using your account and password or (b) a breach of these Terms.

7.8 Disclaimer

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 use, non-infringement or course of performance.

7.9 Contact with Supplier 

The User is not allowed to contact or communicate directly with the Supplier and/or to enter into any course of business with the Supplier which goes above the PackFixed Contract of Sale unless PackFixed gives the User written consent.

Packfixed is acting in good faith in disclosing its Suppliers to the User with the vision of concluding a Contract of Sale. The User is expected to act in good faith towards PackFixed upon the very first interaction with PackFixed. It is the User ethical responsibility to not engage, by any means, with or without knowledge of PackFixed, in any type of contact and/or communication with the Supplier. All communication shall go via PackFixed unless specifically instructed. As soon as PackFixed discloses its Suppliers, the User is not allowed to directly enter into any kind of business, contract or purchase with the Supplier for as long as the Supplier is an active PackFixed Supplier. 

If it will be discovered that the User is acting in breach with this clause, he shall be held liable for any loss of income to PackFixed arising out of this activity.

8. GOVERNING LAW AND DISPUTES 

These Terms, obligation of the Contract of Sale, any dispute or claim arising out of or in connection with it shall be governed by and construed in accordance with the laws of Kingdom of Sweden without regard to its principles of conflicts of laws. This English version of these Terms shall be deemed as the original, governing version.

In the event of a dispute or claim arising out of or in connection with these Terms or its subject matter, the parties involved shall first seek settlement of that dispute by mediation or negotiation. If the dispute is not settled by mediation or negotiation within thirty (30) days, each party irrevocably agrees that the dispute shall be settled by the District Court of Stockholm, Sweden in the first instance.

9. FORCE MAJEURE 

Neither Party shall be liable to the other for any delay or non-performance of its obligations under these Terms to the extent that such delay or non-performance arises directly from any cause or causes beyond its reasonable control and which the party could not reasonably be expected to have anticipated and the consequences of which the party could not have reasonably avoided or surmounted (a “Force Majeure Event”). A Force Majeure Event at a Supplier or sub-supplier shall be considered as a Force Majeure Event for the Party in question.

10. NEWSLETTER

The newsletter subscription service is provided free of charge by the Seller to the User who provides voluntary consent.

In order to subscribe to the Newsletter, the User registers on the Website by filling the Newsletter form providing his e-mail address, indicating on behalf of what entity he is acting, and confirming necessary consents, Terms as well as Privacy Policy.

Upon completing the subscription form for the Newsletter and sending it, a contract for the provision of the newsletter service for an indefinite period is concluded between the Seller and the User.

The User may at any time terminate the contract for the provision of the Newsletter service by deactivating the subscription. To unsubscribe from the newsletter, the User must click on the deactivation link, located in the footer of every Newsletter message sent, or by sending such a declaration of will to the Seller.

The consent to receive commercial information by electronic means sent by the Seller is voluntary and the User may withdraw this consent at any time.

11. FINAL PROVISIONS 

These Terms as well as PackFixed Website were drawn up in English and may be translated into other languages. In the event of any discrepancies between the English language version and the translations, the English version shall prevail.

In matters not covered by these Terms of Services, the provisions of Swedish law shall apply.

 

Last updated: June 2023