Terms of service

OVERVIEW

Welcome to Boaz Trading. The terms "we", "us" and "our" refer to Boaz Trading. Boaz Trading operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). Boaz Trading is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced in them (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy, available at /policies/privacy-policy. If you do not agree, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence.

To use the Services, including browsing our store or purchasing products, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You represent and warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide it.

You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 - OUR PRODUCTS

We sell kraft paper bags in case quantities. Product dimensions are stated as width x gusset x height in inches and are nominal; minor manufacturing variation is normal and does not constitute a defect.

Colours may vary slightly between production runs, and product appearance may differ from how it appears on your screen depending on your device and its settings. We do not warrant that the appearance of products will be identical to how they are depicted in our online store.

Case counts are stated on each product page. All descriptions and specifications are subject to change without notice. We reserve the right to discontinue any product and to limit the quantities we offer to any person, region or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS AND ACCEPTANCE

When you place an order you are making an offer to purchase. We reserve the right to accept or decline any order at our discretion, including where an item is unavailable, where a price or description has been published in error, or where we are unable to verify payment or delivery details. Your order is not accepted until we confirm acceptance, and we must receive and process your payment before an order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been dispatched. If we decline, change or cancel an order, we will attempt to contact you using the email address, billing address or phone number you provided. If we cancel an order you have already paid for, we will refund it in full.

Our products are sold for business, commercial and personal use, including for resale and for use as packaging for goods you sell. Nothing in these Terms restricts you from purchasing for commercial purposes.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy, available at /policies/refund-policy.

SECTION 4 - PRICES AND BILLING

Prices are in US dollars. Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, as set out in your order confirmation email.

Unless expressly stated otherwise, posted prices do not include shipping or applicable sales tax, which are shown at checkout. Prices in this store may differ from prices offered for the same or similar products through other channels, including marketplaces operated by third parties.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases, and to promptly update that information as needed so that we can complete your transactions and contact you.

You represent and warrant that the payment information you provide is true, correct and complete, that you are authorised to use the payment method, and that you will pay the charges incurred at the posted prices, including shipping and all applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

Shipping is governed by our Shipping Policy, available at /policies/shipping-policy.

All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers or by events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you, subject to the damage and shortage provisions of our Refund Policy.

SECTION 6 - SALES TAX AND RESALE

Sales tax is applied where required by law and is calculated at checkout.

If you are purchasing for resale, or purchasing packaging materials that will accompany goods you sell, and you hold a valid resale or exemption certificate, you must provide a current copy of that certificate to us before or at the time of purchase in order for an exemption to be applied. You are responsible for the accuracy and validity of any certificate you provide and for notifying us if it expires or is revoked. Exemptions cannot be applied retroactively to completed orders.

SECTION 7 - PRODUCT SUITABILITY

Our bags are supplied for general retail, gift, takeout and produce-carrying use. Takeout bags are designed to carry packaged food in its own container or wrapper; they are not intended for unwrapped food placed directly against the paper.

It is your responsibility to confirm that a product is suitable for its intended use, and to comply with any regulations applicable to your business.

SECTION 8 - INTELLECTUAL PROPERTY

The Services, including all trademarks, brands, text, displays, images, graphics, video and audio, and the design, selection and arrangement of them, are owned by Boaz Trading, its affiliates or its licensors, and are protected by US and foreign copyright, trademark and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit any of the material on the Services without our prior written consent. Nothing in these Terms grants you a licence or other rights under any patent, trademark, copyright or other intellectual property of Boaz Trading, Shopify or any third party. All rights not expressly granted are reserved.

Boaz Trading's names, logos, product names, designs and slogans are trademarks of Boaz Trading or its licensors and may not be used without our prior written permission. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names and marks appearing on the Services are the trademarks of their respective owners.

SECTION 9 - THIRD-PARTY LINKS AND TOOLS

The Services may contain materials, hyperlinks or embedded functionality provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites, and we provide access to any optional third-party tools "as is" and "as available" without warranties of any kind.

If you decide to access third-party materials or sites, you do so at your own risk. Complaints, claims or questions regarding third-party products and services should be directed to that third party.

SECTION 10 - RELATIONSHIP WITH SHOPIFY

Boaz Trading is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Boaz Trading. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Boaz Trading, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Boaz Trading.

SECTION 11 - PRIVACY

All personal information we collect through the Services is subject to our Privacy Policy, available at /policies/privacy-policy, and certain personal information may be subject to Shopify's privacy policy, available at https://www.shopify.com/legal/privacy/app-users. By using the Services, you acknowledge that you have read these policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit may be transmitted to and shared with Shopify and with third parties that may be located in countries other than where you reside.

SECTION 12 - FEEDBACK

If you submit any ideas, suggestions, feedback, reviews or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use. We are under no obligation to keep Feedback confidential, to pay compensation for it, or to respond to it.

You represent and warrant that you own or have all necessary rights to any Feedback you submit, that it will not violate any right of any third party, and that it will not contain unlawful, abusive or obscene content or any malicious code. We may, but are not obliged to, edit or remove Feedback we determine to be objectionable.

SECTION 13 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.

SECTION 14 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services: for any unlawful or malicious purpose; to violate any applicable law or regulation; to infringe our intellectual property rights or those of others; to harass, abuse, defame or harm any person; to transmit false or misleading information; to send unsolicited advertising or spam; to impersonate any person or entity; or to engage in any conduct that restricts or inhibits anyone's use of the Services.

You further agree not to: upload or transmit viruses or malicious code; reproduce, duplicate, copy, sell or resell any portion of the Services; collect or track the personal information of others; or interfere with, bypass or circumvent the security features of the Services.

We reserve the right to suspend, disable or terminate access at any time, without notice, if we determine that you have violated any part of these Terms.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver and Entire Agreement, Assignment, Governing Law, and Privacy, together with any other provisions that by their nature should survive.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information, and any reliance you place on it is strictly at your own risk.

EXCEPT AS EXPRESSLY STATED BY BOAZ TRADING, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL BOAZ TRADING, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY ARISING FROM OR RELATING TO ANY ORDER IS LIMITED TO THE AMOUNT YOU PAID FOR THAT ORDER.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Boaz Trading, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party arising out of your breach of these Terms, your violation of any law or the rights of a third party, or your access to and use of the Services.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be severed. Such a determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 20 - WAIVER AND ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

These Terms, together with any policies posted by us in relation to the Services, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications and proposals, whether oral or written, including any prior versions of these Terms.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any such attempt will be null and void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW

These Terms and any separate agreements under which we provide you Services shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. You and Boaz Trading consent to venue and personal jurisdiction in the state and federal courts located in Florida.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates to our website. It is your responsibility to check periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes. The version published at the time you place an order is the version that applies to that order.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be sent to chris@boaztradinggroup.com.