Terms of Service
THE PENNY PAPER CO
TERMS OF SERVICE
TERMS OF SERVICE
Last Modified: September 10, 2021
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, VIA E-MAIL, TELEPHONE, OR OTHER MEANS, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH THE PENNY PAPER CO. OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products by Buyer (the “Buyer” or “you”) and services through The Penny Paper Co. website located at www.PennyPaperCo.com (the “Site”) as well as other ordering formats, including telephone, email, or other websites, if applicable. These Terms are subject to change by The Penny Paper Co. (referred to as the “Seller”, “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Site. Buyer should review these Terms prior to purchasing any product or services that are available through this Site. Buyer’s continued use of this Site after the “Last Updated Date” will constitute Buyer’s acceptance of and agreement to such changes.
Order Acceptance and Cancellation.
Buyer agrees that Buyer’s Order is an offer to buy, under these Terms, all products and services listed in Buyer’s Order. All Orders must be accepted by Seller or Seller will not be obligated to sell the products or services to Buyer. Seller may choose not to accept Orders at Seller’s sole and absolute discretion, even after Seller sends Buyer a confirmation email with Buyer’s order number and details of the items Buyer has ordered.
Prices and Payment Terms.
All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the Order is placed and will be sent out in Buyer’s order confirmation email. Price increases will only apply to orders placed after such changes. Prices may not include taxes, hand packing fees, or charges for shipping and handling, if applicable. All such taxes and other charges will be itemized on the payment page of the Website and in Buyer’s order confirmation email. Seller strives to display accurate price information, however Seller may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. Seller reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences, in our sole and absolute discretion.
Seller may offer from time to time promotions on the Site, social media accounts owned by Seller, and in e-mail marketing campaigns, as applicable, that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. Seller may discontinue a promotion at any time, in its sole and absolute discretion. Promotions cannot be applied after an order has been placed.
Terms of payment are within our sole discretion and, unless otherwise agreed by Seller in writing, payment must be received by Seller before our acceptance of an order. Seller accepts most major credit cards and PayPal for all purchases. Buyer represents and warrants that (i) the credit card information Buyer supplies to Seller is true, correct, and complete, (ii) Buyer is duly authorized to use such credit card for the purchase, (iii) charges incurred by Buyer will be honored by Buyer’s credit card company, and (iv) Buyer will pay charges incurred by Buyer at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of Buyer’s order.
All sales are final and Seller will not under any circumstances issue refunds. All deposits are non-refundable.
Buyer shall pay for all Goods and all applicable shipping charges, fees, and taxes related to the Goods, and any duties and charges of any kind imposed by any Governmental Authority with respect to, or measured by, the manufacture, sale, shipment, use, or price of the Goods including interest and penalties thereon. Shipment of the Goods may be made to one (1) or more Delivery Location(s), as designated by Buyer, and Buyer is responsible for all applicable shipping charges
Payment Terms for Single Orders
Seller shall issue an Invoice to Buyer for a Transaction prior to Seller’s purchasing of any Goods. Buyer shall pay the Invoice upon receipt of the Invoice. Any additional services, Goods, number of boxes or other requests made by the Buyer subsequent to Buyer’s receipt of the initial Invoice, shall be added to the initial Invoice sent to by Seller to Buyer. Buyer may pay Invoices via check or bank transfer.
Buyer shall notify Seller in writing of any dispute with any Invoice along with substantiating documentation of the dispute within ten (10) Business Days from the Buyer's receipt of such Invoice. Buyer will be deemed to have accepted all Invoices for which Seller does not receive timely notification of disputes, and shall pay all undisputed amounts due. The Parties shall seek to resolve all such disputes expeditiously and in good faith. Notwithstanding anything to the contrary, Buyer shall continue performing its obligations under these Terms during any such dispute, including, without limitation, Buyer's obligation to pay all due and undisputed Invoice amounts.
Cancellation of Transactions
Seller may, in its sole discretion, without liability or penalty, cancel any Transaction:
- if Seller determines that Buyer is in violation of its payment obligations or has materially breached or is in material breach of these Terms; or
- if Seller determines, in its sole and absolute discretion, that Buyer's financial condition or creditworthiness is inadequate or unsatisfactory, then in addition to Seller's other rights set forth herein, Seller may, without liability or penalty, accelerate all amounts owed by Buyer to Seller under these Terms.
In the event of a cancellation, Buyer understands that deposits are nonrefundable.
SHIPMENTS AND DELIVERY
Seller will arrange for shipment of the products to Buyer’s input address(es). Please check the FAQs page for our shipping policies and delivery estimated ranges. Seller does not guarantee specific delivery dates, but rather provides general ranges for when delivery is likely to occur by the shipping carrier as set forth in the FAQs and upon checkout. Buyer will pay all shipping, handling, and processing charges specified during the ordering process. Shipping, handling, and processing charges are reimbursement for the costs Seller incurs in the processing, handling, packing, shipping, and delivery of Buyer’s order more fully described on the FAQs page of the Site.
There is always an incremental charge for international shipping. Buyer will decide the appropriate shipping carrier/service. Buyer is responsible for all tariffs, taxes, fees associated with International shipping and is fully responsible for educating themselves on the particular country they are shipping to. Buyer is responsible for tracking package shipment progress and understands international shipping times may be much longer than domestic shipping times; and Seller does not guarantee arrival by a specific date/time. If international packages get returned to the sender for any reason, Seller will not refund shipping costs incurred.
Buyer is responsible for providing Seller with correct and accurate addresses and full names of Buyer’s intended recipients when entering shipping information on or through the Site or in the Shipping Template for bulk orders done via email. In the event that Buyer provides Seller with incorrect or inaccurate addresses for Buyer’s intended recipients (on Site or in any communication about the order), commercially reasonable efforts will be made to correct such incorrect or inaccurate information PRIOR TO SHIPMENT if Buyer notifies Seller via e-mail and provides Seller with both Buyer’s order number and the modification Buyer would like to recipient’s name and/or address. Seller will not be responsible for lost or returned packages.
ITEMS RETURNED TO SENDER
In the event items are returned to us by return to sender due to an incorrect address, and only when the boxes are physically in the warehouse, Seller will offer to reship the package at the expense of the Buyer. In the event that a reship is not possible or requested, The Seller will issue a refund for the order total minus a $10 restocking fee plus any shipping fees incurred, the cost of custom written cards, and perishable good. Hand packing fee (labor), custom card fee, shipping paid and perishable items are not restockable or refundable
CHANGES TO AN ORDER
Once an Order is placed, no further changes requested by Buyer can be guaranteed. Seller will complete the Order to the best of its ability. Should Buyer request a change to their Order, Seller has discretion to make such accommodations but is not required to
HAND WRITTEN CARDS
The cards that accompany the boxes are handwritten by individuals and Seller makes no representation, warranty, or guarantee as to their legibility or conformity to a particular handwritten standard and Seller is in no way responsible for any mistakes, errors, or omissions in connection with the foregoing.
Unless expressly agreed to by the Parties in any Transaction, Seller shall deliver the Goods to the Delivery Location(s) provided by the Buyer in the Order or by any other means deemed appropriate by the Seller, including e-mail correspondence for all On-Going Orders, using Seller's standard methods for packaging and shipping such Goods (e.g., USPS, UPS, etc.). The Seller shall use commercially reasonable efforts to pack all Goods; however, things shift and/or can become damaged in transit and Seller shall not be liable, under any circumstances, to Buyer for damage to Goods which occurs during transit. Buyer shall be provided with a carrier tracking number upon request, and it is the Buyer’s responsibility to track the package and alert the Seller of any transit or carrier concerns. In the event of undeliverable Goods, the Goods will be returned to the return address provided by the Buyer on the Invoice. In the event that there is no return address indicated on the Invoice, or the Buyer opts to name the Seller’s facility as the place of return, the Goods will be returned to the Seller’s facility and will be subject to additional reshipment and storage fees, which fees shall be in the Seller’s sole and absolute discretion.
Recipient Privacy Rights
Buyer is responsible for making the gift known to their recipient. Should Buyer fail to disclose the gift to the recipient, and the recipient of the product inquired about the identity of the sender of the box, Seller retains the right to disclose the name to the recipient.
Returns and Refunds.
ALL SALES ARE FINAL. WE DO NOT OFFER RETURNS REFUNDS, OR EXCHANGES ON ANY PRODUCTS ORDERED FROM SELLER THROUGH ANY CHANNEL INCLUDING WITHOUT LIMITATION, THIS SITE, EMAIL, SOCIAL MEDIA, AND TELEPHONE.
The Seller shall use commercially reasonable efforts to pack all Goods; however, things shift and/or can become damaged in transit and Seller shall not be liable, under any circumstances, to Buyer for damage to Goods which occurs during transit.
Manufacturer’s Warranty and Disclaimers. Seller does not manufacture or control any of the products or services offered on the Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, Seller does not provide any warranties with respect to the products or services offered on the Site.
ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU, IF APPLICABLE.
FOOD AND FOOD ALLERGY DISCLAIMERS
FOOD PRODUCTS THAT WE PROVIDE MAY CONTAIN ALLERGEN-CONTAINING INGREDIENTS FROM THE MANUFACTURER. ANY NON-LABELED FOOD ALWAYS HAS A RISK OF POSSIBLE ALLERGEN CONTAMINATION. YOU ARE ENCOURAGED TO READ THE LABELS BEFORE CONSUMING AND IF AN ITEM DOES NOT SPECIFICALLY STATE ITS CONTENTS YOU ARE RESPONSIBLE FOR THE CONSUMPTION OF SUCH FOOD ITEM. WE WILL NOT ASSUME ANY LIABILITY FOR ADVERSE REACTIONS AND/OR ALLERGIES TO FOOD OR FOOD PRODUCTS CONSUMED INCLUDING LABELED AND NON-LABELED FOOD PRODUCTS.
MELTING AND WARM WEATHER SHIPPING
PLEASE NOTE THAT ORDERING ITEMS SUBJECT TO MELTING IS AT YOUR OWN RISK. QUALITY UPON DELIVERY OF THESE ITEMS CANNOT BE GUARANTEED BY US. WE WILL NOT ISSUE REFUNDS AS A RESULT OF MELTING REGARDLESS OF THE TIME OF YEAR.
ON OCCASION, MANUFACTURERS MAY UPDATE THEIR PRODUCT PACKAGING AND INGREDIENT LISTS. AS A RESULT, ACTUAL PRODUCT PACKAGING MAY DIFFER FROM WHAT IS DISPLAYED ON THE SITE. IT IS YOUR RESPONSIBILITY TO ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR MOST CURRENT AND/OR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER.
WE HAVE MADE A COMMERCIALLY REASONABLE EFFORT TO DISPLAY, AS ACCURATELY AS POSSIBLE, THE IMAGES OF PRODUCTS THAT APPEAR ON THE SITE. WE CANNOT GUARANTEE THAT YOUR COMPUTER MONITOR’S DISPLAY OF ANY PRODUCT WILL BE COMPLETELY ACCURATE.
- Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED FROM SELLER THROUGH ANY CHANNEL INCLUDING WITHOUT LIMITATION, THIS SITE, EMAIL, SOCIAL MEDIA, AND TELEPHONE.
- General Compliance with Laws Covenant.Buyer shall at all times comply with all Laws applicable to these Terms, Buyer's performance of its obligations hereunder and Buyer's use or sale of the Goods. Without limiting the generality of the foregoing, Buyer shall (a) at its own expense, maintain all certifications, credentials, licenses, and permits necessary to conduct its business relating to the purchase or use of the Goods and (b) not engage in any activity or transaction involving the Goods, by way of shipment, use or otherwise, that violates any Law.
Intellectual Property Rights.
- Buyer acknowledges and agrees that:
- any and all Seller's Intellectual Property Rights are the sole and exclusive property of Seller or its licensors;
- Buyer shall not acquire any ownership interest in any of Seller's Intellectual Property Rights under these Terms;
- any goodwill derived from the use by Buyer of Seller's Intellectual Property Rights inures to the benefit of Seller or its licensors, as the case may be; and
- Buyer shall use Seller's Intellectual Property Rights solely for purposes of using the Goods under these Terms and only in accordance with these Terms and the instructions of Seller.
- Prohibited Acts
- Buyer shall not:
- take any action that interferes with any of Seller's rights in or to Seller's Intellectual Property Rights, including Seller's ownership or exercise thereof;
- challenge any right, title, or interest of Seller in or to Seller's Intellectual Property Rights;
- make any claim or take any action adverse to Seller's ownership of Seller's Intellectual Property Rights;
- register or apply for registrations, anywhere in the world, for Seller's Trademarks or any other Trademark that is similar to Seller's Trademarks or that incorporates Seller's Trademarks in whole or in confusingly similar part;
- use any mark, anywhere that is confusingly similar to Seller's Trademarks in whole or in confusingly similar part;
- engage in any action that tends to disparage, dilute the value of, or reflect negatively on the Goods or any Seller's Trademarks;
- misappropriate any of Seller's Trademarks for use as a domain name without prior written consent from Seller; or
- alter, obscure or remove any Seller's Trademarks, or Trademark or copyright notices or any other proprietary rights notices placed on the Goods, marketing materials or other materials that Seller may provide.
Goods Not for Resale or Export.
Buyer represents and warrants that Buyer is buying products or services from the Site (www.PennyPaperCo.com) for Buyer’s own personal or household use only, and not for resale or export. Buyer further represents and warrants that all purchases are intended for final delivery. Goods for Resale must be purchased through Wholesale.PennyPaperCo.com
Seller respects Buyer’s privacy and are committed to protecting it.