Terms of service
OVERVIEW
For the purposes of these Terms, “Econic by EAM”, “Ember Sustainable Packaging”, “we”, “us”, and “our” refer to the business operating this website and supplying the products and services.
This website is operated by Econic by EAM. Throughout the site, the terms “we”, “us” and “our” refer to Econic by EAM. Econic by EAM offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Pricing, Informal Orders and No Ongoing Supply Contract
Unless expressly agreed by Ember Sustainable Packaging in writing, purchases from our website, online store, stock range, sample range, custom printed stock products, open-stock products, or any order placed by email, phone, text message, account request, or other informal ordering method do not create an ongoing supply contract, fixed-price agreement, reserved stock agreement, price-hold arrangement, or obligation for Ember Sustainable Packaging to continue supplying the same product at the same price in the future.
Customers are not required to provide forecasts, commit to ongoing volumes, enter into long-term supply agreements, reserve stock, or continue purchasing from us. In the same way, Ember Sustainable Packaging is not required to hold historic pricing, previous invoice pricing, previous quote pricing, account summary pricing, email pricing, text-message pricing, or prior order pricing for future orders unless this has been expressly agreed in writing.
Current website pricing applies at the time an order is placed, unless Ember Sustainable Packaging has issued a written quote that remains valid and has been accepted within its stated validity period.
Pricing, stock availability, product specifications, freight costs, lead times, and supply arrangements may change at any time without prior notice. We are not required to notify customers individually of general pricing updates, website price changes, product updates, stock changes, supplier cost changes, or freight changes.
Any written quote, estimate, or pricing confirmation is valid only for the period stated on that quote or confirmation. Unless stated otherwise in writing, quotes are valid for 30 days from the date issued and may be subject to change after that period.
Pricing shown on previous invoices, paid tax receipts, past orders, emails, text messages, account summaries, product pages, customer records, or historic quotes does not guarantee future pricing.
Where a customer requires fixed pricing, reserved stock, forecasted supply, priority production, or a committed supply programme, this must be expressly agreed with Ember Sustainable Packaging in writing before ordering.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Packaging Suitability, Testing and Storage
Packaging products supplied by Ember Sustainable Packaging may vary in material structure, strength, barrier performance, sealability, stiffness, appearance, dimensions, and handling characteristics from conventional plastic packaging or from other packaging products.
Customers are responsible for testing and confirming that any packaging product is suitable for their intended product, packing process, machinery, heat-sealing equipment, storage conditions, transport method, handling environment, shelf-life requirement, regulatory requirements, and end-use application before commercial use, resale, or full production rollout.
Compostable and paper-based packaging materials may have different strength, shelf-life, storage, barrier, sealing, and handling characteristics compared with conventional plastic packaging. These materials may be affected by age, heat, humidity, sunlight, compression, rough handling, poor storage conditions, or incorrect sealing settings.
Customers are responsible for storing packaging appropriately, managing stock rotation on a First In, First Out basis, and using stock within a suitable timeframe. Ember Sustainable Packaging is not responsible for product performance issues arising from aged stock, unsuitable storage, incorrect sealing, unsuitable machinery settings, overfilling, rough handling, transport damage, unsuitable product compatibility, or failure to complete appropriate testing before use.
Unless expressly confirmed by Ember Sustainable Packaging in writing, any product information, recommendations, samples, descriptions, guidance, or suitability comments are provided as general guidance only and do not guarantee that a packaging product will be suitable for a customer’s specific product, process, equipment, storage, transport, shelf-life, or commercial application.
Consequential Loss, Indirect Loss and Limitation of Liability
To the maximum extent permitted by law, Ember Sustainable Packaging accepts no liability for any consequential, indirect, incidental, special, punitive, exemplary, or downstream loss, cost, damage, claim, or expense arising from the purchase, use, storage, handling, transport, sealing, filling, resale, non-use, delay, failure, or alleged unsuitability of any packaging product supplied.
This includes, but is not limited to, loss of product, loss of packed goods, loss of stock, loss of sales, loss of revenue, loss of profit, loss of business opportunity, production delays, downtime, repacking costs, labour costs, freight costs, courier costs, storage costs, disposal costs, recall costs, customer refunds, customer claims, third-party claims, damage to reputation, loss of goodwill, or any costs associated with replacing, reworking, recovering, or remaking finished goods.
Customers are responsible for confirming that any packaging product is suitable for their intended product, machinery, sealing equipment, packing process, storage conditions, transport method, handling environment, shelf-life requirement, regulatory requirements, and end-use application before use, resale, or commercial rollout.
Any approved refund, credit, replacement, or remedy will be limited strictly to the value of the packaging product supplied by Ember Sustainable Packaging and accepted by us as faulty in accordance with these Terms, our Refund Policy, and any other applicable policy. Ember Sustainable Packaging will not be liable for any amount greater than the original purchase price paid for the affected packaging product.
Nothing in these Terms, our Refund Policy, and any other applicable policy is intended to exclude, restrict, or modify any rights that cannot lawfully be excluded under applicable law.
Manufacturing Tolerances, Product Variation and Custom Production
All packaging products are supplied subject to normal manufacturing tolerances and commercially accepted variation. Packaging is manufactured using industrial processes, and reasonable variation may occur between production runs, batches, operators, materials, machines, tooling, printing processes, and conversion methods.
Unless expressly agreed by Ember Sustainable Packaging in writing, product dimensions, bag length, width, gusset depth, seal position, trim, fold position, valve position, print position, print colour, material appearance, stiffness, transparency, finish, thickness, and overall presentation may vary within normal manufacturing tolerances.
Product images, descriptions, samples, previous orders, mock-ups, and measurements are provided as general guides only and do not guarantee exact repeatability across future production runs. Customers should not rely on exact dimensions, print placement, fold position, seal position, or visual appearance where their product, machinery, labels, filling process, or retail presentation requires tight tolerances, unless this has been expressly agreed in writing before production.
For custom, made-to-order, printed, converted, or specially sourced packaging, reasonable production variation may occur. This includes, but is not limited to, variation in size, cut, seal, gusset, fold, print registration, colour, ink coverage, material finish, roll direction, unwind direction, carton quantities, and final supplied quantity.
Customers are responsible for confirming that the stated tolerances and product characteristics are suitable for their own packing process, machinery, filling method, storage, transport, labelling, presentation, and end-use requirements before placing an order or approving production.
Ember Sustainable Packaging will not accept returns, refunds, credits, replacements, or claims where the product supplied is within normal manufacturing tolerances or where variation is consistent with commercially accepted packaging manufacturing practice.
Where a specific tolerance, dimension, colour, print position, seal position, fold position, artwork placement, or functional requirement is critical, the customer must notify Ember Sustainable Packaging in writing before ordering. Any special tolerance or critical requirement must be expressly accepted by Ember Sustainable Packaging in writing to form part of the order.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
Credit Accounts, Invoice Disputes and Deemed Acceptance of Goods
Where Ember Sustainable Packaging supplies goods on credit, invoice, account terms, or any deferred payment arrangement, the customer must inspect all goods promptly on receipt and must notify Ember Sustainable Packaging in writing of any alleged fault, shortage, damage, incorrect supply, suitability issue, performance issue, or invoice dispute as soon as reasonably practicable.
Unless otherwise agreed in writing, any alleged fault, shortage, damage, incorrect supply, suitability issue, performance issue, or invoice dispute must be raised in writing before the invoice due date.
If no written dispute is raised before the invoice due date, the goods will be deemed to have been accepted by the customer as supplied, and the invoice will remain due and payable in full by the due date.
A customer may not withhold, delay, offset, deduct, or refuse payment of an invoice after the due date on the basis of any alleged fault, shortage, damage, incorrect supply, suitability issue, performance issue, or other dispute that was not raised in writing before the invoice became due.
Raising a dispute does not automatically suspend the customer’s obligation to pay any undisputed amount. Any undisputed portion of an invoice must still be paid by the due date.
Any accepted credit, refund, replacement, or adjustment will only apply where the claim has been assessed and accepted by Ember Sustainable Packaging in accordance with these Terms, our Refund Policy, and any other applicable policy.
Nothing in this section is intended to exclude, restrict, or modify any rights that cannot lawfully be excluded under applicable law.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Econic by EAM, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Econic by EAM and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New Zealand.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at .
econic@emberam.com