Polysmarts Terms of Use

1. Agreement Overview

Welcome to Polysmarts! By accessing or using the website located at www.polysmarts.com (the “Site”) or any services provided through the Site (the “Service”), you are agreeing to be bound by these Terms of Use. These terms constitute a legally binding agreement between you and Polysmarts LLC (“Company”). Please review these terms periodically as they may be updated by the Company. Your continued use of the Service after any modifications indicates your acceptance of the updated terms. If you do not agree with any part of these terms, please refrain from using the Site and the Service. By using the Service, you affirm that you are at least 18 years old and have the legal capacity to enter into this agreement.

2. Privacy Policy

Protecting your privacy is important to us. You can control how your personal information is treated. Our current privacy policy can be found by clicking here. By using the Service, you consent to the collection and use of your information as outlined in our privacy policy.

3. Account Registration

When registering for an account on the Site, please provide accurate and complete information as requested. You will create a username and password, which you are responsible for keeping confidential. Notify us immediately if you suspect any unauthorized use of your account. You may be held liable for losses incurred due to unauthorized access.

4. Software Usage

Certain software may be available for download from the Site. Any software downloaded is licensed to you for personal, noncommercial use only. You may not sell, redistribute, or modify the software. All intellectual property rights remain with the Company.

5. User Content

By posting materials on the Site or through the Service, you grant the Company a license to use such content for business operations. You retain ownership of your content but allow us to use it as necessary. You warrant that you have the rights to post the content.

6. Intellectual Property Compliance

Respect intellectual property rights. Do not upload, download, or distribute content that violates copyrights, trademarks, or other intellectual property laws. You are solely responsible for any violations.

7. Inappropriate Content

Content posted must not be offensive, abusive, or illegal. Do not solicit funds or advertise goods/services. We reserve the right to remove any inappropriate content and cooperate with law enforcement regarding violations.

8. Alleged Violations

Polysmarts reserves the right to terminate your use of the Service and/or the Site if it believes you have violated any of the Terms of Use, provided false information, or interfered with the use of the Site or the Service by others. To investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses, Polysmarts or its representatives may access your account and records on a case-by-case basis. The existence or occurrence of such an investigation will not be disclosed unless required by law.

9. No Warranties

Polysmarts disclaims all warranties regarding the Site, making it available “as is” without warranty of any kind. You assume the risk of any damage or loss from the use of, or inability to use, the Site or the Service. Polysmarts does not warrant that the Site or the Service will meet your requirements or operate uninterrupted or error-free.

10. Limited Liability

Polysmarts’ liability to you is limited. In no event shall Polysmarts be liable for damages of any kind arising out of or in connection with your use of the Site or any other materials or services provided, including lost profits or data, regardless of the foreseeability of those damages.

11. Affiliated Sites

Polysmarts has no control over third-party websites or materials linked with the Site. It makes no guarantees about the accuracy, content, or performance of these sites, assuming no responsibility for any unintended or objectionable content. Similarly, Polysmarts makes no guarantees about the accuracy or quality of third-party content accessed through the Site.

12. Prohibited Uses

You are prohibited from violating security features of the Site or Service, including unauthorized access to content or data, probing vulnerabilities, or interfering with service to any user or network. Any violation may subject you to civil and/or criminal liability.

13. Indemnity

You agree to indemnify Polysmarts for any third-party claims, losses, or costs arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement of any intellectual property or other rights.

14. Copyright

All contents of the Site or Service are Copyright © 2024 Polysmarts LLC. All rights reserved.

15. Governing Law

These Terms of Use shall be governed by the laws of the United States and the State of California. You consent to the exclusive jurisdiction of the state or federal courts in Los Angeles, USA for any disputes related to the use of the Site or Service.

16. Severability; Waiver

If any term or condition of these Terms of Use is found unenforceable, all other terms and conditions shall remain unaffected. No waiver of any breach shall constitute a waiver of any other provision.

17. No License

Nothing on the Site grants you a license to use any trademarks, service marks, or logos owned by Polysmarts or third parties.

18. California Use Only

The Site is controlled and operated from Dongguan CN. Polysmarts makes no representation that materials or services are available or appropriate for use in other locations.

19. Modifications

Polysmarts may revise these Terms of Use, modify the Site or Service, or discontinue them at any time without notice. Your continued use indicates your acceptance of any revisions.

20. Acknowledgement

By using the Service or accessing the Site, you acknowledge that you have read and agree to be bound by these Terms of Use.

Applicability And Suitability

It is the customer’s responsibility to assess the suitability of Polysmarts’ products for their specific application. Any information or opinions provided by Polysmarts staff regarding suitability are based on limited information and should not be solely relied upon. It is recommended to consult a third-party expert familiar with the industry to review applicability. Material specifications are provided by our film suppliers and are not independently verified by Polysmarts.

Order Quantity Variance

Orders may be subject to over or under runs as described herein. Shipments falling within these ranges will be considered complete fulfillment of the order.

Production Lead Times

Lead times for production are not guaranteed and may vary widely. For non-printed projects, lead times begin from the date of payment receipt. For printed projects, lead time estimates begin from the date of receipt of the final, signed, and fully approved master proof or payment, whichever is last.

Manufacturing Specification

Specifications for custom-manufactured bags are controlled by the following documents:

• Non-Printed Products: The Sales Order Acknowledgment specifies the manufacturing specifications.
• Printed Products: The final approved and accepted Master Art Proof details the specifications, and customers should review it thoroughly before signing.

Pricing

Prices quoted by Polysmarts are subject to applicable taxes. Changes to specifications after the quotation may result in pricing adjustments. Multi-sku quotes apply to all skus ordered together at once at the same purchase quantity, with reorder costs potentially higher.

Delivery

Shipments are sent “F.O.B. SHENZHEN CN or Express.” Delivery charges are determined once bags are ready to be shipped.

Cancellation

Cancellation or modification of orders for products already manufactured or in the process of manufacture will not be accepted by Polysmarts. Buyers are responsible for reimbursing Polysmarts for all costs incurred in preparation for manufacture.

Limitation on Returns, Refunds, or Exchanges

• Unopened stock product returns are subject to a 15% restocking charge and all transportation costs.
• Custom-manufactured products conforming to manufacturing specifications within industry standards and tolerances are not exchangeable, returnable, or refundable.
• Custom-manufactured products deemed unsuitable for the application are not exchangeable, returnable, or refundable.
• Art setup costs, including die-line setup, are non-refundable once incurred.

Limited Liability & Claims of Non-Conformity

Polysmarts disclaims liability for any loss, damage, or expenses arising from the use or inability to use its products. Liability for non-conforming goods is limited to the replacement of the shipped product, provided claims are made in writing within 30 days of delivery.

Warranty Information

Products are warranted to have been manufactured according to industry standard specifications and tolerances. Polysmarts makes no other warranties, express or implied, regarding suitability for specific applications.

Suspension of Performance

Polysmarts reserves the right to suspend credit or change credit terms based on the Buyer’s financial condition. All subsequent deliveries may be withheld upon failure to pay invoices when due.

Plate Estimates

Quotations may change based on various factors, including packaging functionality and print requirements. Plate fees are one-time fees per color, per sku, and are subject to change on subsequent reorders.

Controlling Provision

These terms and conditions govern the sales and purchase of products, superseding any other agreements. For printed products, the Master Art Proof controls manufacturing specifications and is incorporated into this document.