Terms & Conditions

Welcome to MissPack India Private Limited

Thank you for visiting our website. These Terms and Conditions govern your use of our website and the business relationship between you and MissPack India Private Limited. By accessing or using our website, you agree to be bound by these terms.

1. Definitions

For clarity and understanding, the following terms shall have the meanings assigned below:

  • "Company," "We," "Us," "Our" refers to MissPack India Private Limited
  • "Client," "You," "Your" refers to any individual, business entity, or organization accessing our website or engaging our services
  • "Services" refers to all packaging sourcing, contract manufacturing, and related services offered by MissPack
  • "Products" refers to packaging materials, containers, bottles, jars, and related items supplied by us
  • "Website" refers to [www.themisspack.com] and all associated web pages
  • "Agreement" refers to any commercial contract, purchase order, or business arrangement between MissPack and the Client
  • "Intellectual Property" includes but is not limited to trademarks, logos, designs, patents, copyrights, trade secrets, and proprietary information
  • "Force Majeure" means events beyond reasonable control including natural disasters, wars, pandemics, government actions, strikes, or supply chain disruptions
  • "Effective Date" means the date when these Terms and Conditions come into effect or the date of acceptance by the Client​

2. Acceptance of Terms

2.1 Binding Agreement

By accessing our website, submitting inquiries, requesting quotations, placing orders, or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions, along with our Privacy Policy and any other policies referenced herein.

2.2 Capacity to Contract

You represent and warrant that:

  • You are at least 18 years of age
  • You have the legal capacity and authority to enter into binding contracts
  • If representing a business entity, you have the authority to bind that entity to these terms
  • All information provided by you is accurate, complete, and current

2.3 Acceptance Methods

Acceptance of these terms may occur through:

  • Continued use of our website
  • Submission of inquiry or quotation requests
  • Placement of orders (verbal or written)
  • Execution of formal agreements or purchase orders
  • Payment for products or services
  • Any other affirmative action indicating acceptance

2.4 Modifications

We reserve the right to modify, amend, or update these Terms and Conditions at any time without prior notice. Modifications will be effective immediately upon posting on our website. Your continued use of our website or services after such modifications constitutes acceptance of the revised terms. We recommend reviewing these terms periodically.

2.5 Separate Agreements

These Terms and Conditions are in addition to, and not in replacement of, any separate written agreements, purchase orders, or contracts executed between MissPack and the Client. In case of conflict, the terms of the specific written agreement shall prevail.

3. Services Offered

3.1 Packaging Sourcing Services

We provide comprehensive packaging sourcing solutions including:

Glass Packaging:

  • Lotion bottles (30ml to 120ml)
  • Square jars (15ml, 30ml, 50ml)
  • Double wall jars (30gm, 50gm)
  • Custom glass packaging solutions

Plastic Packaging:

  • Plastic jars (50gm to 250gm)
  • Air cushion containers with mirrors
  • Dual storage containers
  • Blush sticks and makeup packaging
  • Lip gloss containers and lip oil bottles
  • Custom plastic packaging solutions

Specialized Packaging:

  • Rubber surface bottles and containers
  • Double wall bottle and jar sets
  • Travel-size packaging
  • Gift set packaging
  • Sustainable and eco-friendly packaging options

Customization Services:

  • Color matching and custom colors
  • Logo printing and branding
  • Label design and application
  • Custom shapes and designs
  • Texture finishes (matte, glossy, rubber coating)
  • Volume and capacity customization

3.2 Contract Manufacturing Services

Our end-to-end contract manufacturing solutions include:

Formula Development:

  • Product formulation for skincare and cosmetics
  • Formula optimization and stability testing
  • Ingredient sourcing and quality verification
  • Regulatory compliance assistance
  • Custom formulation as per brand requirements
  • Sample development and approval process

Manufacturing & Filling:

  • Bulk product manufacturing
  • Precision filling services
  • Quality control and testing
  • Batch production management
  • Good Manufacturing Practices (GMP) compliance
  • Hygiene and safety protocols

Packaging & Finishing:

  • Primary packaging and filling
  • Secondary packaging (monocarton, boxes)
  • Labeling and product coding
  • Shrink wrapping and sealing
  • Assembly of component sets
  • Quality inspection at each stage

Additional Services:

  • Product photography and videography
  • Content creation for marketing
  • Regulatory documentation support
  • Logistics and shipping coordination
  • Inventory management solutions
  • Private label and white label services

3.3 Vendor Network

We maintain strategic partnerships with:

  • Certified Chinese packaging manufacturers
  • Quality Indian packaging vendors
  • Raw material suppliers
  • Logistics and freight forwarding partners
  • Testing laboratories and certification agencies

3.4 Service Limitations

WE DO NOT PROVIDE:

  • Finished cosmetic products for retail (we are B2B only)
  • Medical or pharmaceutical packaging requiring specialized certifications beyond our scope
  • Services outside our specified business areas
  • Guarantees of specific business outcomes or sales results

3.5 Service Modifications

We reserve the right to:

  • Modify, suspend, or discontinue any service at any time
  • Change pricing, specifications, or terms for services
  • Refuse service to any client at our sole discretion
  • Subcontract services to qualified third parties while maintaining responsibility

4. Quotations & Pricing

4.1 Quotation Process

Request for Quotation:

  • Clients may request quotations through our website, email, or phone
  • Quotation requests should include detailed specifications, quantities, and requirements
  • We aim to provide quotations within 2-5 business days of receiving complete information
  • Complex or custom requirements may require additional time for accurate quotation

Quotation Validity:

  • All quotations are valid for 15-30 days from the date of issue, unless otherwise specified
  • Quotations are subject to availability of materials and current market conditions
  • We reserve the right to revise quotations if material costs, exchange rates, or other factors change significantly
  • Expired quotations require reconfirmation before acceptance

4.2 Pricing

Pricing Components:

Our pricing includes but is not limited to:

  • Product/material costs
  • Manufacturing and labor charges
  • Customization and tooling costs (if applicable)
  • Quality control and testing charges
  • Packaging and handling
  • Applicable taxes (GST, customs duty, etc.)
  • Logistics and freight (as per agreed Incoterms)

Pricing Currency:

  • Domestic transactions: Indian Rupees (INR)
  • International transactions: US Dollars (USD), Chinese Yuan (CNY), or as mutually agreed
  • Exchange rate fluctuations may affect final pricing

Pricing Changes:

  • Prices are subject to change based on raw material costs, currency fluctuations, and market conditions
  • We will notify clients of any price changes before order confirmation
  • Confirmed orders are honored at agreed prices unless otherwise specified

Minimum Order Quantities (MOQ):

  • MOQs vary by product and customization requirements
  • Standard products may have lower MOQs than custom products
  • Tooling and setup costs may apply for orders below MOQ
  • MOQ information will be clearly communicated in quotations

4.3 Taxes & Duties

Indian Clients:

  • GST at applicable rates will be added to all invoices
  • GST registration and compliance is client's responsibility
  • TCS (Tax Collected at Source) may apply as per Income Tax Act

International Clients:

  • Import duties, customs charges, and local taxes are client's responsibility
  • We can assist with documentation but final customs clearance is client's obligation
  • Incoterms will clearly define responsibility for duties and taxes

4.4 Payment Terms

Standard Payment Terms:

  • New Clients: 60% advance, 40% before dispatch
  • Established Clients: 50% advance, 50% against proforma invoice or as negotiated
  • Credit terms available for qualified clients after credit assessment

Payment Methods:

  • Bank transfer (NEFT/RTGS/IMPS)
  • Wire transfer for international payments
  • Cheques (subject to clearance)

Payment Timelines:

  • Advance payment: Within 3-7 days of order confirmation
  • Balance payment: As per agreed terms, typically before dispatch
  • Credit period: Net 15/30/45 days from invoice date (for approved clients)

Late Payment:

  • Interest at 18% per annum may be charged on overdue amounts
  • Orders may be held pending payment clearance
  • Legal action may be initiated for non-payment
  • Credit facilities may be suspended or revoked

5. Orders & Order Acceptance

5.1 Order Placement

Orders may be placed through:

  • Email with detailed specifications
  • WhatsApp or phone (to be confirmed in writing)
  • Formal Purchase Orders (POs)
  • Our website order system (if available)
  • In-person meetings with written confirmation

Order Information Required

  • Complete product specifications
  • Quantities required
  • Delivery timeline and location
  • Customization requirements (if any)
  • Shipping instructions
  • Billing and delivery address
  • Contact person details
  • Any special instructions

5.2 Order Confirmation

Acceptance Process:

  • We will review all orders and issue a written confirmation
  • Order confirmation will include product details, quantities, pricing, delivery timeline, and terms
  • An order is binding only after our written acceptance
  • We reserve the right to refuse any order at our sole discretion

Reasons For Order Rejection:

  • Incomplete or inaccurate information
  • Product unavailability or supply constraints
  • Client's poor payment history
  • Unrealistic timelines or specifications
  • Regulatory or legal compliance issues
  • Capacity constraints

5.3 Order Modifications

Client-Initiated Changes:

  • Changes must be requested in writing before production begins
  • Modification fees may apply depending on stage of production
  • Timeline may be extended due to changes
  • We reserve the right to decline modification requests if not feasible

Company-Initiated Changes:

  • We may suggest modifications if original specifications are not feasible
  • Material substitutions may be proposed if supply issues arise
  • Changes will require client approval before implementation

5.4 Order Cancellation

By Client:

  • Cancellations must be in writing
  • Cancellation fees:
  • Before production: 20-30% of order value
  • After production start: 50-80% of order value
  • After completion: 100% of order value
  • Costs incurred (tooling, materials, labor) are non-refundable
  • Custom/personalized products are non-cancellable

By MissPack:

  • We may cancel orders in case of:
  • Non-payment or payment default
  • Force majeure events
  • Supply chain disruptions beyond our control
  • Client's breach of terms
  • Full refund of advance payment if cancellation is solely our fault
  • No liability for consequential damages

5.5 Sample Orders

  • Samples may be provided for evaluation (charges may apply)
  • Sample approval required before bulk production
  • Bulk production based on approved samples
  • Minor variations from samples may occur in bulk production
  • Sample approval constitutes acceptance of product specifications

6. Product Specifications and Quality

6.1 Specifications

Client's Responsibility:

  • Provide complete, accurate, and detailed specifications
  • Review and approve specifications before production
  • Ensure specifications comply with applicable regulations
  • Provide reference samples if available

Our Responsibility:

  • Manufacture/source products as per approved specifications
  • Notify client of any deviations or technical challenges
  • Maintain consistency across production batches
  • Document all specifications for reference

6.2 Quality Standards

We adhere to:

  • International packaging industry standards
  • Good Manufacturing Practices (GMP)
  • Quality control protocols at each production stage
  • Testing and inspection procedures
  • ISO standards (where applicable)
  • Industry-specific quality benchmarks

Quality Assurance Process:

  • Incoming raw material inspection
  • In-process quality checks
  • Final product inspection before dispatch
  • Documentation and traceability
  • Batch-wise quality records

6.3 Quality Standards

Acceptable Variations:

  • Color shade variations: ±5% (due to batch differences)
  • Dimensional tolerance: ±2-3% (as per industry standards)
  • Weight/volume: ±3-5% (within regulatory limits)
  • Printing/decoration: Minor variations acceptable
  • Material properties: Within specified ranges

Quality Claims:

  • Must be raised within 7 days of delivery
  • Photographic/video evidence required
  • Return of defective items for inspection
  • Valid only for manufacturing defects, not misuse or damage during transit

6.4 Product Compliance

Regulatory Compliance:

  • Products comply with applicable Indian regulations
  • International compliance (FDA, EU, etc.) is client's responsibility
  • We provide documentation to support compliance efforts
  • Clients must verify suitability for their intended use and markets

Certifications:

  • We can provide certificates of analysis, conformity, or origin as available
  • Additional certifications may require extra costs and time
  • Regulatory approvals for specific markets are client's responsibility

7. Intellectual Property Rights

7.1 MissPack's Intellectual Property

Our Rights:

  • The MissPack name, logo, and branding are our exclusive property
  • Website content, images, designs, and materials are protected by copyright
  • All proprietary information, processes, and know-how remain our property
  • Clients may not use our intellectual property without written permission

Restrictions:

  • Do not reproduce, distribute, or modify our website content
  • Do not use our name or logo for endorsement without authorization
  • Do not reverse-engineer or copy our processes
  • Do not disclose our confidential information to third parties

7.2 Client's Intellectual Property

Your Rights:

  • You retain all rights to your brand names, logos, and designs
  • Your formulations and product concepts remain your property
  • Your confidential information will be protected

Our Usage Rights:

  • You grant us a limited license to use your branding for manufacturing purposes
  • We may use your logos/artwork solely for production of your ordered products
  • We will not disclose your formulations or designs to third parties
  • We may showcase general project categories (without specifics) in our portfolio, unless you object

7.3 Confidentiality

Mutual Obligations:

  • Both parties will maintain confidentiality of sensitive business information
  • Confidential information includes pricing, formulations, customer lists, business strategies
  • Non-disclosure applies during and after the business relationship
  • Exceptions: Information already public, required by law, or independently developed

Confidentiality Period:

  • Confidentiality obligations survive for 3-5 years after termination of relationship
  • Trade secrets remain confidential indefinitely

7.4 Third-Party Rights

Client Warranties:

  • You warrant that your designs, logos, and content do not infringe third-party rights
  • You indemnify us against claims arising from your intellectual property
  • You are responsible for obtaining necessary licenses or permissions

Our Warranties:

  • We warrant that our standard products do not knowingly infringe third-party rights
  • We will defend any infringement claims related to our original designs

8. Delivery and Shipping

8.1 Delivery Terms

Incoterms:

  • EXW (Ex Works): Client arranges pickup from our facility or supplier
  • FOB (Free on Board): We deliver to port/airport; client handles from there
  • CIF/CIP: We arrange freight and insurance to destination port
  • DDP (Delivered Duty Paid): We handle all costs and risks to client's location
  • Custom terms as mutually agreed

Delivery Locations:

  • Domestic: Anywhere in India
  • International: Major ports and cities (shipping costs apply)
  • Remote locations may have additional charges and extended timelines

8.2 Delivery Timeline

Standard Timeline:

  • Stock items: 3-7 business days after payment
  • Custom products: 35-60 days depending on complexity
  • International orders: Add 10-30 days for shipping and customs
  • Timelines communicated at order confirmation

Factors Affecting Timeline:

  • Order quantity and complexity
  • Customization requirements
  • Material availability
  • Production capacity
  • Shipping method and destination
  • Customs clearance (for imports/exports)
  • Force majeure events

Timeline Modifications:

  • We will notify clients of any expected delays promptly
  • Timelines are estimates, not guarantees
  • Delays beyond our control (supplier issues, customs, logistics) are not our liability

8.3 Shipping and Logistics

Packaging for Shipment:

  • Products packed securely to prevent damage during transit
  • Fragile items specially marked and cushioned
  • Export packing for international shipments
  • Palletization available upon request

Shipping Methods:

  • Road transport (for domestic)
  • Air freight (for urgent or international)
  • Sea freight (for bulk international)
  • Courier services (for samples and small orders)
  • Client's nominated forwarder (arrangement support provided)

Shipping Costs:

  • As per agreed Incoterms
  • Calculated based on weight, volume, destination, and mode
  • Subject to change based on fuel costs and carrier rates
  • Clearly itemized in quotations and invoices

8.4 Risk and Title Transfer

Risk Transfer:

  • Risk transfers as per agreed Incoterms
  • Generally, risk transfers upon delivery to carrier (FOB) or client's location (DDP)
  • Client responsible for insurance if risk has transferred
  • Damage during transit after risk transfer is not our liability

Title Transfer:

  • Title transfers upon full payment, unless otherwise agreed
  • We retain title until payment is complete
  • Goods may be reclaimed if payment defaults occur

8.5 Delivery Confirmation

Proof of Delivery:

  • Signed delivery receipt required
  • Photographic evidence for high-value shipments
  • Tracking information shared with client
  • Delivery confirmation via email

Inspection Upon Delivery:

  • Clients should inspect goods immediately upon delivery
  • Note any visible damage on delivery receipt
  • Report shortages or damages within 48 hours
  • Detailed inspection within 7 days for quality claims

8.6 Non-Delivery or Delay

Our Liability:

  • We are not liable for delays caused by carriers, customs, or force majeure
  • We will assist in tracking and resolving delivery issues
  • Replacement or refund only if non-delivery is our fault
  • No liability for consequential losses due to delays

Client's Responsibility:

  • Provide accurate delivery address and contact
  • Be available to receive delivery
  • Arrange customs clearance (for international)
  • Pay any storage or demurrage charges if delivery is refused or delayed by client

9. Returns, Refunds, and Warranties

9.1 Return Policy

Eligibility for Returns

  • Manufacturing defects or quality issues
  • Wrong product shipped due to our error
  • Damage during transit (if risk was ours)
  • Non-conformance to approved specifications

Non-Returnable Items:

  • Custom or personalized products
  • Products damaged due to misuse or improper storage
  • Products used or opened (unless defective)
  • Products returned without prior authorization
  • Products beyond return window (7 days from delivery)

Return Process:

  • Contact us within 7 days of delivery with issue details and evidence
  • Obtain Return Authorization (RA) number
  • Ship items back in original packaging (shipping cost as per fault determination)
  • Items inspected upon receipt
  • Refund or replacement processed if claim is valid

9.2 Refund Policy

Refund Eligibility:

  • Valid returns due to our error or defects
  • Order cancellation before production (with applicable fees)
  • Non-delivery due to our fault
  • Double payment or billing errors

Refund Process:

  • Refunds processed within 15-30 business days of approval
  • Refunded to original payment method
  • Deductions: Restocking fees, return shipping (if applicable), bank charges
  • Partial refunds for partial returns

Non-Refundable Amounts:

  • Tooling and setup charges for custom products
  • Shipping and handling fees
  • Customization costs already incurred
  • Costs for completed work (even if order is cancelled)

9.3 Limitation of Liability

Maximum Liability:

  • Replacement of defective products, OR
  • Refund of purchase price for defective products, OR
  • Maximum of invoice value for that specific order

Exclusions:

  • Indirect, incidental, or consequential damages
  • Loss of profits, revenue, or business opportunities
  • Costs of substitute products
  • Claims made after warranty period
  • Damage due to misuse, negligence, or improper handling
  • Third-party claims (e.g., end consumer complaints)

Indemnification:

  • Misuse of our products
  • Client's product formulations or end products
  • Client's marketing claims or labeling
  • Infringement of third-party rights by client's designs
  • Violation of regulations in client's markets

10. Force Majeure

10.1 Definition

Force Majeure means events beyond our reasonable control including but not limited to:

  • Natural disasters (earthquakes, floods, hurricanes, pandemics)
  • Wars, terrorism, civil unrest, or government actions
  • Labor strikes or lockouts
  • Supply chain disruptions or raw material shortages
  • Transportation failures or port closures
  • Utility failures or infrastructure breakdowns
  • Cyber-attacks or technology failures
  • Changes in laws or regulations affecting our operations
  • Any other unforeseeable events beyond our control

10.2 Effect of Force Majeure

Suspension of Obligations:

  • Our obligations are suspended during force majeure events
  • Performance timelines are extended by the duration of the event
  • No liability for delays or non-performance due to force majeure
  • We will make reasonable efforts to mitigate impact

Communication:

  • We will notify clients promptly of force majeure events
  • Provide updates on expected impact and resolution timeline
  • Seek alternative solutions where feasible

Termination Rights:

  • If force majeure persists beyond 90 days, either party may terminate affected orders
  • Refund of advance payment for undelivered products (minus costs incurred)
  • No liability for cancellations due to prolonged force majeure

11. Limitation of Liability

11.1 General Limitations

Liability Cap: Our total aggregate liability arising from any order, contract, or relationship with you is limited to the lesser of:

  • The invoice value of the specific order giving rise to the claim, OR
  • INR 10,00,000 (Ten Lakh Rupees)

No Consequential Damages: We are not liable for:

  • Loss of profits, revenue, or business opportunities
  • Loss of goodwill or reputation
  • Loss of data or information
  • Cost of substitute products or services
  • Indirect, incidental, special, punitive, or consequential damages
  • Claims by third parties (including end consumers)
  • Business interruption or downtime

11.2 Specific Exclusions

Product Use:

  • We are not liable for how clients use, market, or sell our products
  • Client is responsible for ensuring products meet their market's regulations
  • Client is responsible for end product safety and efficacy
  • We provide packaging, not finished consumer products

Third-Party Services:

  • Not liable for services provided by third-party vendors, suppliers, or logistics partners
  • We facilitate connections but do not guarantee third-party performance
  • Claims against third parties must be pursued directly with them

Website and Information:

  • Website content is for informational purposes only
  • We do not guarantee accuracy or completeness of website information
  • Technical issues, downtime, or data loss on website are not our liability
  • Links to third-party websites are provided as-is; we are not responsible for their content

11.3 Exceptions

Limitations of liability do not apply to:

  • Fraud or willful misconduct by MissPack
  • Gross negligence on our part
  • Liability that cannot be excluded by law (e.g., personal injury due to our negligence)
  • Violations of intellectual property rights

11.4 Timeframe for Claims

Claim Notification:

  • All claims must be notified within 30 days of discovery
  • Quality claims within 7 days of delivery
  • Failure to notify within timeframe waives claim rights

Legal Action:

  • Any legal action must be initiated within 1 year of claim arising
  • Claims not pursued within 1 year are deemed waived

12. Indemnification

12.1 Client Indemnification

You agree to indemnify, defend, and hold harmless MissPack, its directors, officers, employees, agents, and partners from:

  • Claims arising from your use of our products or services
  • Claims related to your product formulations, labeling, or marketing
  • Infringement of third-party intellectual property rights by your designs, logos, or content
  • Violation of laws or regulations in your markets
  • Breach of these Terms and Conditions
  • Misrepresentation or fraud in your dealings with us
  • Claims by your customers or end consumers
  • Any negligence or willful misconduct on your part

12.2 Our Indemnification

We agree to indemnify you from:

  • Valid claims that our standard products infringe third-party intellectual property rights (provided you notify us promptly and cooperate)
  • Breach of these Terms and Conditions by us
  • Gross negligence or willful misconduct on our part

Conditions:

  • You must notify us immediately of any claims
  • You must cooperate fully in defense of claims
  • We have the right to control defense and settlement
  • Indemnification is subject to our liability limitations

13. Confidentiality and Data Protection

13.1 Confidential Information

Definition: Confidential information includes:

  • Pricing, quotations, and commercial terms
  • Product formulations, specifications, and technical data
  • Business strategies, plans, and forecasts
  • Customer and supplier lists
  • Trade secrets and proprietary processes
  • Financial information
  • Any information marked as "Confidential"

Obligations:

  • Both parties will keep confidential information strictly confidential
  • Use confidential information only for the business relationship
  • Not disclose to third parties without written consent
  • Protect with reasonable security measures

Exceptions:

  • Information already in public domain
  • Information independently developed
  • Information required to be disclosed by law or court order
  • Information already known before disclosure

Duration:

  • Confidentiality obligations continue for 5 years after termination of relationship
  • Trade secrets remain confidential indefinitely

13.2 Data Protection and Privacy

Compliance:

  • We comply with applicable data protection laws including Indian IT Act
  • Personal data collected through our website is governed by our Privacy Policy
  • We implement reasonable security measures to protect data
  • Data is used only for business purposes and not sold to third parties

Client Data:

  • Client business data is kept confidential as per Section 14.1
  • We may process data for order fulfillment, communication, and service improvement
  • Client contact information may be used for marketing (opt-out available)

Data Security:

  • We use industry-standard security practices
  • However, no system is 100% secure; we are not liable for data breaches beyond our control
  • Clients are responsible for maintaining security of their login credentials

Data Retention:

  • We retain data as long as necessary for business and legal purposes
  • Typically 7 years for financial records (as per Indian tax laws)
  • Client data may be deleted upon request (subject to legal retention requirements)

13.3 Non-Solicitation

Mutual Agreement: During the term of our relationship and for 2 years after termination:

  • Neither party will solicit the other's employees for employment
  • Neither party will induce the other's customers or suppliers to terminate relationships
  • Neither party will hire the other's employees without written consent

Exception: General job advertisements or recruitments not specifically targeted at the other party's employees are permissible.

14. Dispute Resolution and Governing Law

14.1 Governing Law

These Terms and Conditions and all disputes arising from our business relationship shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Applicable Statutes:

  • Indian Contract Act, 1872
  • Sale of Goods Act, 1930
  • Companies Act, 2013
  • Goods and Services Tax Act, 2017
  • Information Technology Act, 2000
  • Consumer Protection Act, 2019 (for applicable transactions)
  • Any other applicable Indian laws and regulations

14.2 Jurisdiction

Exclusive Jurisdiction: All disputes, claims, or legal proceedings arising from these Terms and Conditions or our business relationship shall be subject to the exclusive jurisdiction of the courts in Ahmedabad, Gujarat, India.

You irrevocably consent to the jurisdiction of these courts and waive any objection to venue or inconvenient forum.

14.3 Dispute Resolution Process

Step 1: Negotiation

  • Parties will first attempt to resolve disputes amicably through good-faith negotiations
  • Senior management from both sides will discuss and seek resolution
  • Negotiation period: 15 days from dispute notification

Step 2: Mediation

  • If negotiation fails, parties agree to mediation
  • Neutral mediator appointed by mutual consent or by Ahmedabad Mediation Centre
  • Mediation conducted in Ahmedabad
  • Mediation period: 30 days
  • Mediation costs shared equally

Step 3: Arbitration

  • If mediation fails, disputes will be resolved through arbitration
  • Arbitration conducted under the Arbitration and Conciliation Act, 1996
  • Seat of arbitration: Ahmedabad, Gujarat, India
  • Language: English and/or Gujarati/Hindi
  • Number of arbitrators: 1 (for claims under INR 50 lakhs) or 3 (for higher claims)
  • Arbitrator selection: Mutual consent or appointed by Indian Council of Arbitration
  • Arbitration award is final and binding on both parties

Step 4: Litigation

  • Only if arbitration is not feasible or agreed upon
  • Litigation in courts of Ahmedabad, Gujarat, India

14.4 Injunctive Relief

Either party may seek injunctive relief or specific performance from courts without waiting for dispute resolution process completion, in cases involving:

  • Intellectual property infringement
  • Breach of confidentiality
  • Imminent irreparable harm
  • Urgent interim measures

14.5 Costs

Prevailing Party: The prevailing party in any dispute resolution or legal proceedings may be entitled to recover reasonable attorney fees, arbitration costs, court costs, and other related expenses from the non-prevailing party.

14.6 Waiver of Class Action

You agree that disputes will be resolved on an individual basis only. You waive any right to participate in class action lawsuits or class-wide arbitration.

15. Termination

15.1 Termination by Either Party

Termination for Convenience:

  • Either party may terminate ongoing business relationship with 30 days' written notice
  • Termination does not affect orders already confirmed and in progress
  • All outstanding payments must be settled

Termination for Cause:

  • Material breach of these Terms and Conditions
  • Non-payment or payment default exceeding 30 days
  • Insolvency, bankruptcy, or winding-up proceedings
  • Fraud, misrepresentation, or illegal activity
  • Breach of confidentiality or intellectual property rights
  • Force majeure events lasting beyond 90 days

15.2 Effect of Termination

Upon Termination:

  • All outstanding invoices become immediately due
  • Orders in progress will be completed or cancelled (as mutually agreed)
  • Confidentiality obligations continue
  • Return or destruction of confidential information
  • Cessation of use of each other's intellectual property
  • No further obligations except for surviving provisions

Surviving Provisions:

  • Payment obligations
  • Intellectual property rights
  • Confidentiality obligations
  • Limitation of liability
  • Indemnification
  • Dispute resolution and governing law
  • Any other provisions intended to survive

15.3 No Waiver

Termination of the general business relationship does not waive:

  • Rights to pursue claims for prior breaches
  • Rights to payment for completed work
  • Rights to enforce surviving provisions

16. General Provisions

16.1 Entire Agreement

These Terms and Conditions, together with any specific written agreements, purchase orders, and our Privacy Policy, constitute the entire agreement between you and MissPack regarding the subject matter herein. They supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

Precedence: In case of conflict

  • Specific written agreements or contracts (highest priority)
  • Purchase orders or work orders
  • These Terms and Conditions
  • General communications or quotations

16.2 Amendments

Modifications to Terms:

  • We may amend these Terms and Conditions at any time by posting updated version on our website
  • Amendments effective immediately upon posting
  • Continued use constitutes acceptance
  • Material changes may be notified via email

Contract Amendments:

  • Specific contracts or agreements can only be amended by written agreement signed by both parties
  • Email confirmations may constitute written amendments if clearly stated

16.3 Severability

If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction:

  • The provision will be modified to the minimum extent necessary to make it valid and enforceable
  • If modification is not possible, the provision will be severed
  • The remaining provisions will remain in full force and effect
  • The intent of the invalid provision will be preserved to the extent possible

16.4 Waiver

No Waiver by Conduct:

  • Failure or delay by either party to enforce any right or provision does not constitute a waiver
  • Waiver of any breach does not waive subsequent breaches
  • Waiver must be in writing and signed by the waiving party

No Implied Waivers: Our acceptance of partial payments, late delivery, or non-conforming performance does not waive our rights to full compliance in the future.

16.5 Assignment

Client Assignment:

  • You may not assign or transfer your rights or obligations under these Terms without our prior written consent
  • Unauthorized assignment is void

Our Assignment:

  • We may assign our rights and obligations to:
  • Affiliated companies or subsidiaries
  • Successor entities in case of merger, acquisition, or sale
  • Subcontractors for specific services (while retaining primary responsibility)
  • You will be notified of any material assignments

16.6 Independent Contractors

Nothing in these Terms creates:

  • Partnership, joint venture, or agency relationship
  • Employer-employee relationship
  • Franchisor-franchisee relationship

Both parties are independent contractors with no authority to bind the other or create obligations on behalf of the other.

16.7 Third-Party Rights

These Terms and Conditions are for the benefit of the parties only. No third party has any right to enforce or benefit from these terms under the Contracts (Rights of Third Parties) principles.

16.8 Notices

Official Communication: All official notices, demands, or communications must be in writing and sent to:

For MissPack: MissPack India Private Limited
229 Block-F Sumel-11, Indian Textile Plaza
Shahibag, Ahmedabad, Gujarat, India, 380004
Email: misspackindia@gmail.com
Attention: Hardik Uttamkumar Bohra

For Client: Address provided in order or registration

Method of Delivery:

  • Registered post or courier
  • Email to registered email address
  • Hand delivery with acknowledgment

Effective Date:

  • Upon delivery (hand delivery or courier)
  • 3 days after posting (registered mail)
  • Upon receipt confirmation (email)

16.9 Language

These Terms and Conditions are prepared in English. In case of translation into any other language, the English version shall prevail in case of any conflict or ambiguity.

16.10 Headings

Section headings and titles are for convenience only and do not affect the interpretation of these Terms and Conditions.

16.11 Counterparts

These Terms and Conditions and any related agreements may be executed in counterparts, each of which shall be deemed an original and all of which together constitute one agreement.

16.12 Force and Effect

These Terms and Conditions remain in full force and effect for as long as you access our website or engage our services, and continue to apply even after termination with respect to surviving provisions.

17. Export and Import Compliance

17.1 Export Controls

Compliance with Export Laws:

  • All parties must comply with Indian export control laws and regulations
  • Comply with destination country import regulations
  • Obtain necessary licenses and permits
  • Not export to sanctioned countries or entities

Documentation:

  • We will provide necessary export documentation
  • Client responsible for import documentation and customs clearance
  • Accurate product classification and declaration required

17.2 Customs and Duties

Responsibility:

  • Import duties, taxes, and customs charges are client's responsibility unless otherwise agreed (per Incoterms)
  • Clients must ensure compliance with customs regulations in their country
  • We are not responsible for customs delays, seizures, or penalties due to client's non-compliance

Assistance:

  • We provide documentation to facilitate customs clearance
  • We can recommend freight forwarders and customs brokers
  • Final clearance and compliance is client's responsibility

18. Anti-Corruption and Business Ethics

18.1 Ethical Business Practices

We are committed to:

  • Fair dealing and honest business practices
  • Compliance with all applicable laws
  • Respect for human rights and labor standards
  • Environmental responsibility
  • Ethical sourcing and supply chain practices

Client Commitment: Clients are expected to maintain similar ethical standards in their dealings with us and in their own business practices.

19. Environmental and Social Responsibility

19.1 Environmental Compliance

Our Commitment:

  • Comply with environmental laws and regulations
  • Promote sustainable packaging solutions
  • Minimize waste and optimize resource use
  • Offer eco-friendly packaging options where available

Client Responsibility:

  • Properly dispose of packaging materials as per local regulations
  • Consider environmental impact in product choices
  • Comply with extended producer responsibility (EPR) regulations
  • Support our sustainability initiatives

19.2 Social Responsibility

Labor Standards:

  • No child labor or forced labor
  • Fair wages and working conditions
  • Safe and healthy work environment
  • Equal opportunity and non-discrimination

Supply Chain Ethics: We strive to work with suppliers who share our values and maintain ethical practices.

20. Website Use and Digital Terms

20.1 Website Access

License: We grant you a limited, non-exclusive, non-transferable license to access and use our website for business purposes only.

Prohibited Uses:

  • Use our website for illegal purposes
  • Attempt to hack, disrupt, or damage our website
  • Upload malware, viruses, or harmful code
  • Scrape, mine, or extract data without permission
  • Impersonate others or provide false information
  • Violate any third-party rights

20.2 User Accounts

Account Creation:

  • Some features may require account registration
  • You are responsible for maintaining account security
  • You are liable for all activities under your account
  • Notify us immediately of unauthorized access

Account Termination:

  • We may suspend or terminate accounts for violations
  • You may delete your account at any time
  • Account data may be retained as per legal requirements

20.3 User-Generated Content

Submissions:

  • Any content you submit (inquiries, feedback, reviews) may be used by us
  • You grant us a license to use, reproduce, and display submitted content
  • You warrant that submissions do not violate third-party rights
  • We are not responsible for user-generated content

Prohibited Content:

  • Illegal, obscene, or offensive content
  • Content infringing intellectual property
  • Spam or promotional content
  • False or misleading information

20.4 Third-Party Links

Our website may contain links to third-party websites:

  • We are not responsible for third-party content or practices
  • Links do not imply endorsement
  • Use of third-party sites is at your own risk
  • Third-party terms and privacy policies apply

20.5 Cookies and Tracking

Our use of cookies and tracking technologies is detailed in our Privacy Policy. By using our website, you consent to our use of cookies as described.

21. Accessibility

We strive to make our website accessible to all users, including those with disabilities. If you encounter accessibility barriers, please contact us at [Your Email] so we can assist you and improve accessibility.

22. Contact Information

For any questions, concerns, or feedback regarding these Terms and Conditions, please contact us:

MissPack India Private Limited
Registered Address:
229 Block-F Sumel-11, Indian Textile Plaza
Shahibag, Ahmedabad, Gujarat, India, 380004
Email: misspackindia@gmail.com
Whatsapp: +91 7048110823
Website: www.themisspack.com

Business Hours:
Monday to Saturday: 10:00 AM to 7:00 PM IST
Sunday: Closed (Email support available)

For Specific Inquiries:
Sales & Quotations: marketing.misspack@gmail.com
Customer Service:hello@themisspack.com
Legal & Compliance: misspackindia@gmail.com

23. Acknowledgment and Acceptance

By using our website, submitting inquiries, placing orders, or engaging our services, you acknowledge that:

  • You have read and understood these Terms and Conditions in their entirety
  • You agree to be bound by these Terms and Conditions
  • You have the authority to agree to these terms on behalf of your organization (if applicable)
  • You will comply with all applicable laws and regulations
  • You understand your rights and obligations

If you do not agree to these Terms and Conditions, please do not use our website or services.

© MissPack India Private Limited. All Rights Reserved.