Terms & Conditions

1. About These Terms

These Terms & Conditions ("Terms") govern all quotes, orders, and sales between TakeawayPack ("we", "us", "our") and the business buyer named on the quote or purchase order ("you", "Buyer"). By requesting a quote, placing an order, or using our website, you agree to these Terms.

TakeawayPack is a foodservice packaging supply chain partner based in Wenzhou, China, serving trade buyers in the United States, United Kingdom, European Union, and Oceania. We sell to businesses only. These Terms do not create a consumer contract.

2. Quotes and Order Formation

• Written quotes are valid for 30 days from the date of issue unless otherwise stated. After 30 days, prices, lead times, and freight rates may be re-quoted.
• Prices are quoted in US Dollars unless otherwise agreed and are based on the specifications, quantity, artwork, and destination you provide.
• Prices include DDP freight to the named destination as described in our Shipping Policy. Prices do not include VAT, GST, or other recoverable indirect taxes at destination.
• An order is formed and binding only when we issue a written order confirmation or proforma invoice ("PI") and payment terms agreed on that PI are met. Emails, chat messages, or verbal statements alone do not form a contract.
• Payment terms, currency, and accepted payment methods are set out on each PI.
• Minimum order quantities (MOQ): typically 1,000 pcs per SKU for standard products and 5,000 pcs per SKU for bags. Final MOQ, along with any tiered pricing, is confirmed on a per-order basis on the quote.

3. Artwork and Proof Approval (Custom Orders)

• For custom-printed orders, we prepare a digital proof (PDF dieline mockup) based on files you supply.
• Print-ready artwork should be supplied in PDF, AI, or PSD format at 300 DPI minimum, with fonts outlined and CMYK color space.
• Production only starts after you approve the proof in writing (email approval is sufficient).
• Once you approve the proof, you are responsible for its content — including spelling, dimensions, colors, dielines, layout, ingredient statements, regulatory marks, and any barcode data. Reprints for approved-artwork errors are chargeable at your cost.
• You warrant that you own or are licensed to use every logo, image, brand element, and text in the artwork you submit, and that the artwork does not infringe any third party's rights. You indemnify TakeawayPack against any third-party IP claim arising from artwork you supplied or approved.

4. Production and Delivery

• Standard production lead times are set out in our Shipping Policy and confirmed on the quote.
• Delivery dates are estimates. We are not liable for missed delivery windows caused by carrier delays, port congestion, customs holds, weather, or events beyond our reasonable control (see Section 9, Force Majeure).
• We ship on a DDP (Delivered Duty Paid) basis to the destination you name. Risk and title in the goods transfer to you on delivery at the destination named on the PI. See our Shipping Policy for the full freight and customs terms.
• If you delay pickup or provide incorrect delivery information, resulting storage, demurrage, redelivery, and return charges are yours.

5. Inspection, Returns, and Claims

• All claims for missing, damaged, or defective goods must be reported within the time limits set out in our Returns & Refunds policy — within 48 hours of delivery for visible carton damage and within 7 days of delivery for manufacturing or print defects — with photographs and carton labels.
• Manufacturing tolerances apply: color variance within industry standard tolerances, quantity variance up to 5%, and dimensional variance within published tolerances are not defects.
• Our Returns & Refunds policy is incorporated into these Terms by reference. Where there is a conflict, these Terms control.

6. Cancellation

• Orders may be cancelled without charge only before production has started.
• Once production has started, cancellation is not accepted for custom-printed orders. Stock orders cancelled after production has started are subject to a cancellation fee covering materials, labor, and freight bookings committed to that point.

7. Intellectual Property

• You retain all rights in the artwork, brand assets, and product designs you provide to us. We use them only to fulfill your order.
• We retain all rights in our own dielines, tooling drawings, product photography, website content, and know-how. Nothing in these Terms transfers our IP to you.
• Digital proofs and mockups we prepare for you may be used to visualize your order but are not licensed for third-party production.

8. Confidentiality

Each party will keep the other's non-public commercial information (pricing, specifications, artwork files, order volumes, business plans) confidential and use it only to perform the order. This obligation survives for 3 years after the last order between us.

9. Force Majeure

Neither party is liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, pandemics, war, civil unrest, government restrictions, export or import bans, port strikes, container shortages, raw material shortages, or utility outages. The affected party will notify the other promptly and both parties will work in good faith to mitigate the impact.

10. Limitation of Liability

To the maximum extent permitted by law:

• Our total aggregate liability arising out of or related to any order is limited to the invoice value of that order.
• We are not liable for indirect, incidental, consequential, or punitive damages, including lost profits, lost sales, loss of goodwill, loss of business opportunity, or the cost of substitute goods.
• Nothing in these Terms limits liability that cannot be limited under applicable law (for example, liability for fraud, personal injury, or death caused by negligence).

11. Compliance and Export Control

• You represent that you are ordering the goods for your own business use or for lawful resale, and that the goods will not be exported, re-exported, or diverted contrary to applicable export control or sanctions laws.
• You are responsible for regulatory compliance of the packaged product itself (food-contact clearance in the destination market, labelling requirements, allergen declarations, recycling marks, EPR registration). We provide material certifications on request but do not act as your regulatory advisor.

12. Dispute Resolution

If any dispute arises out of or in connection with these Terms or any order, the parties will first seek to resolve the dispute through good-faith negotiation. Either party may propose escalation to senior representatives of both parties, who will meet — in person, by video, or in writing — within a reasonable time to attempt resolution.

Where a specific governing law, jurisdiction, or arbitration forum is agreed on a signed PI or purchase agreement for a given order, that agreement controls for that order.

13. Miscellaneous

• Entire agreement: These Terms, together with the quote or PI, our Shipping Policy, Returns & Refunds policy, and Privacy Policy, form the entire agreement between us and supersede all prior discussions.
• Order of precedence: If there is a conflict, (1) the signed PI or purchase agreement, (2) these Terms, (3) our other policies apply in that order.
• No waiver: Our failure to enforce any right is not a waiver of that right.
• Severability: If any provision is held unenforceable, the remaining provisions remain in force.
• Assignment: You may not assign your order or these Terms without our written consent.
• Notices: Written notices to us should be sent to info@takeawaypack.com with a copy to the sales contact on your PI.
• Changes: We may update these Terms from time to time. The version in effect at the date of your PI applies to that order.

14. Contact

• Email: info@takeawaypack.com
• Phone: +1 (618) 886-8029 (Finn)
• Location: Wenzhou, China