Terms and Conditions
Welcome to Custom Mylar Bags, based in the State of Texas ("Custom Mylar Bags," "we," "us," or "our"). Before you use our services or place an order, please read these Terms and Conditions carefully. By using this website, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.
Age requirement: You must be at least 18 years old to use this website or place an order. We do not knowingly offer our services to individuals under 18.
1. About Us
We are a USA-based supplier of mylar bags. These bags come in different types with the option for you to get your required sizes, materials, and finishes. You can also customize your bags by uploading your own design or by asking us to create a design for you, additional charges applicable.
2. Your Agreement with Us
When you use our website or place an order, you enter into a legal agreement with us. This agreement is made up of these Terms and Conditions and the following policies, all of which are incorporated into this agreement by reference:
Please make sure you understand and agree with all of these before ordering.
3. Products and Customization
We offer different types of mylar bags, available in various sizes, materials, and finishes, which you select on our order form.
You can upload your own artwork or design for the bags. By uploading your design, you confirm that you own it or have the right to use it, and that it does not infringe on any third party's rights (see Section 9).
If you do not have a design, you can choose our design service. We will create a custom design for you for an extra charge.
Proof approval. Once you place an order, we will send you a digital proof for approval. Production only begins once you approve this proof. Your approval confirms that the design, text, colors, layout, and any specified materials are correct, and is binding. See our Returns & Refunds Policy for what is and isn't covered once a proof is approved. If we do not receive your approval within 10 business days of sending a proof, we may place your order on hold and follow up before proceeding.
Please note that colors may differ slightly from what you see on your screen due to printing and display differences, and that industry-standard printing tolerances apply. See our Returns & Refunds Policy for specifics.
Order quantity. Due to standard practices in commercial printing, delivered quantities may vary by up to ±10% from the quantity ordered.
4. Ordering Process
To place an order: select the mylar bag type you want, then choose your size, finish, material, select quantity, and any other options on the order form; upload your design file; review your order carefully; and pay the amount shown at checkout.
Submitting an order and payment is an offer to purchase, not automatic acceptance. A contract is formed once we send you an order confirmation email. If we're unable to accept your order (for example, due to a pricing or system error, as described in Section 5), we will notify you and refund any payment already taken.
5. Prices and Payments
Prices are shown in US dollars and include the cost of the product and any selected options. Design service fees are extra and will be charged along with your order.
Applicable state and local sales tax are calculated and added at checkout based on your delivery address, as required by law, and is separate from the listed product price.
We accept payment through the methods shown at checkout (such as credit/debit cards and other options, processed via our secure payment provider(s), including Zoho Payments).
Pricing errors. If a product is listed at an incorrect price due to a typographical, technical, or pricing-engine error, we reserve the right to cancel the order, notify you, and refund any payment taken, even after an order confirmation has been sent.
Prices may change, but this will not affect orders already placed and confirmed.
6. Shipping and Delivery
Shipping is included at no additional charge for orders delivered within our coverage area. Full shipping details, timelines, and coverage area are set out in our Shipping Policy, which forms part of this agreement.
Shipping times are estimates and begin once your proof is approved (see Section 3). While we try our best to deliver on time, delays can happen due to factors outside our control. If your order is lost or significantly delayed, please contact us, and we will work with the shipping carrier to resolve the issue, consistent with our Shipping Policy.
7. Changes to Orders
If you wish to change or cancel an order, please contact us immediately. Changes or cancellations cannot be guaranteed once production has started. See our Returns & Refunds Policy for cancellation fees and timing.
8. Returns, Refunds, and Cancellations
Due to the custom nature of our products, orders are non-returnable and non-refundable except as described in our Returns & Refunds Policy, which forms part of this agreement and covers: what's eligible for a reprint or refund, how to report a problem (photos only, you do not need to ship items back to us), production tolerances, refund methods, and cancellation fees.
In summary: if there's a defect or error caused by us, contact us within 5 business days of delivery; valid claims are resolved by reprint or refund at our discretion; and cancelling after proof approval but before production starts is subject to a flat 15% cancellation fee. Our Returns & Refunds Policy governs in the event of any conflict with this summary.
9. Intellectual Property Rights
All custom designs you upload to us remain your property. By uploading your design, you grant us a license to use it to produce your order, to retain it as described in our Privacy Policy, and to reproduce your finished packaging (not your underlying design/brand) in our portfolio and marketing materials, unless you tell us in writing that you'd like to opt out.
You are responsible for your designs. You confirm that any design you upload does not infringe any third party's copyright, trademark, or other rights, and you agree to indemnify and hold us harmless from any claims, damages, or costs (including reasonable legal fees) arising from a design you submitted. We reserve the right to refuse any design we reasonably believe infringes third-party rights or is unlawful.
Designs created by our design service become your property once the work is complete and payment is made. We retain the underlying working files and reserve the right to reuse general design techniques and non-client-specific elements in future work.
Our website content, logos, images, and trademarks remain our property and may not be copied without permission.
10. Copyright Complaints (DMCA)
If you believe content on our Site infringes your copyright, please send a written notice to our designated agent at support@custommylarbags.us, including: identification of the copyrighted work, identification of the allegedly infringing material and its location on our Site, your contact information, a good-faith statement that the use is unauthorized, and a statement made under penalty of perjury that the notice is accurate and you are authorized to act. We will respond in accordance with the Digital Millennium Copyright Act.
11. Confidentiality of Your Artwork
We treat customer artwork and design files as confidential. Access is limited to the personnel involved in producing your order, and we do not share your artwork with third parties as we even do the production in-house at our Texas facility. See our Privacy Policy for how long we retain your artwork.
12. Customer Responsibilities
You agree to use our website and services lawfully. You must not upload designs that are illegal, offensive, or infringe on others' rights. You agree to provide accurate information when placing your order, including your shipping address (see our Shipping Policy regarding responsibility for address errors). You understand that custom products may vary slightly due to printing and manufacturing processes, within the tolerances described in our Returns & Refunds Policy.
13. Warranty Disclaimer
We work hard to provide high-quality products but, except as expressly stated in these Terms and our Returns & Refunds Policy, we make no other warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose.
Food-grade materials. Where you order a material we offer as food-grade, we will supply material represented as food-grade by our suppliers. We rely on our suppliers' certifications and do not independently test every production run. You are responsible for confirming that the specific material and packaging meet the regulatory requirements applicable to your product and intended use, and for advising us in writing at the time of order if food-grade material is required.
14. Limitation of Liability & Indemnification
We are not responsible for any indirect, incidental, or consequential damages, such as lost profits or business opportunities. Our total liability to you for any issue related to your order will not exceed the amount you paid for the affected product or service. You accept that using custom designs and materials (including food-grade materials, per Section 13) is done at your own risk.
You agree to indemnify and hold us harmless from claims, damages, and costs arising from your use of our products or services, including claims related to how you use, label, fill, or distribute packaging you've ordered from us, except where caused by our own error as described in our Returns & Refunds Policy.
Nothing in this section limits liability that cannot be limited under applicable law.
15. Privacy and Data Use
We collect and use your personal information according to our Privacy Policy. We do not sell your personal information for money, and we do not share it with third parties except as described in our Privacy Policy (for example, with payment processors, shipping carriers, and service providers who help us operate our business).
16. Electronic Communications
By using our Site or placing an order, you consent to receive communications from us electronically, including order confirmations, proofs, policy notices, and support communications. You agree that any notices, agreements, or disclosures we provide electronically satisfy any legal requirement that such communications be in writing.
17. Third-Party Links
Our Site may contain links to third-party websites (for example, shipping carrier tracking pages or advertising opt-out pages). We do not control and are not responsible for the content, policies, or practices of any third-party site.
18. Accessibility
We are committed to making our Site accessible to all users. If you experience difficulty accessing any part of our Site, please contact us at support@custommylarbags.us and we will work with you to provide the information or service you need.
19. Termination
We may suspend or terminate your access to your account or our services if you violate these Terms, engage in fraudulent or unlawful activity, or misuse our Site. You may stop using our services or request account deletion at any time by contacting us.
20. Changes to Terms
We may update these Terms and Conditions from time to time. Changes will be posted on this page with an updated "Last Updated" date. Continued use of our site after changes means you accept the new terms.
21. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.
Informal resolution first. If you have a dispute with us, please contact us at support@custommylarbags.us so we can try to resolve it informally.
Binding arbitration. If we can't resolve a dispute informally, it will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, seated in Texas. Judgment on the arbitrator's award may be entered in any court with jurisdiction. Each party bears its own attorney's fees; AAA filing and arbitrator fees will be allocated according to AAA rules, except that we will cover any portion required to make arbitration affordable for an individual customer consistent with applicable law.
Class action waiver. Disputes must be brought individually, not as part of a class, consolidated, or representative action.
Time limit. Any claim arising out of these Terms or your order must be brought within one (1) year of the date the claim arose, or it is permanently barred.
22. General Provisions
Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.
Assignment. You may not assign these Terms without our written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
Entire agreement. These Terms, together with the policies referenced in Section 2, constitute the entire agreement between you and us regarding your use of our Site and services.
Waiver. Our failure to enforce any part of these Terms is not a waiver of our right to do so later.
Notices. We may provide notices to you via the email address associated with your order or account, consistent with Section 16.
Survival. Sections relating to intellectual property, confidentiality, warranty disclaimers, limitation of liability, indemnification, and dispute resolution survive termination of your account or these Terms.
23. Contact Us
If you have any questions or concerns about these Terms and Conditions or your order, please contact us at:
Custom Mylar Bags
Email: support@custommylarbags.us
Phone: +1 (713) 766-3509
Address: 1631 Cottonwood School Rd, Building 2, Rosenberg, TX 77471
