Terms and Conditions

TERMS AND CONDITIONS

Effective Date: May 27, 2026

Welcome to Simply Pak Holdings LLC (“Simply Pak,” “Company,” “we,” “our,” or “us”). By accessing or using our website, services, products, or placing orders through www.simplypak.com, you agree to comply with and be bound by the following Terms and Conditions.

If you do not agree with these Terms and Conditions, please do not use this website.

1. COMPANY INFORMATION

Simply Pak Holdings LLC
8300 NW 93rd Street, Unit 5
Miami, FL, United States

Phone: (800) 801-7304
Email: info@simplypak.com
Website: www.simplypak.com

Managing Member: Damian Martinez

2. USE OF WEBSITE

By using this website, you confirm that:

  • You are at least 18 years old.

  • You will use the website only for lawful purposes.

  • You will not attempt to damage, hack, disrupt, or misuse the website or its services.

We reserve the right to suspend or terminate access to users who violate these terms.

3. PRODUCTS AND SERVICES

Simply Pak distributes and sells packaging-related products and related business services.

All product descriptions, pricing, specifications, and availability are subject to change without notice.

We reserve the right to:

  • Refuse service,

  • Limit quantities,

  • Cancel orders,

  • Correct pricing errors,

  • Discontinue products at any time.

4. ORDERS AND PAYMENTS

All orders are subject to acceptance and availability.

Payment terms may vary depending on customer agreements. Late payments may result in:

  • Order delays,

  • Suspension of services,

  • Interest charges where permitted by law.

Customers are responsible for providing accurate billing and shipping information.

5. SHIPPING AND DELIVERY

Delivery dates are estimates only and are not guaranteed unless agreed upon in writing.

Simply Pak is not responsible for delays caused by:

  • Carriers,

  • Weather,

  • Customs,

  • Supply chain interruptions,

  • Force majeure events,

  • Third-party logistics providers.

Risk of loss transfers to the customer upon delivery or pickup.

6. RETURNS AND CLAIMS

At Simply Pak, we are committed to providing accurate orders, quality products, and reliable service. Due to the nature of the foodservice packaging and disposable products we distribute, all sales are final, except as specifically stated below.

RETURNS
Simply Pak does not accept returns or exchanges due to:
•    Customer ordering errors;
•    Over-ordering or excess inventory;
•    Changes in customer demand;
•    Store openings, closings, or menu changes;
•    Products that are no longer needed;
•    Incorrect size, shape, color, or product selection by the customer

Unopened or unused merchandise is not automatically eligible for return.

Returns will only be considered when:
•    Simply Pak shipped an incorrect item;
•    Simply Pak shipped an incorrect quantity;
•    A product is confirmed to have been defective when supplied; or
•    A product is confirmed to have been damaged before leaving Simply Pak's custody or during transportation for which Simply Pak is responsible.

All returns require prior written authorization from Simply Pak.


INSPECTION & CLAIMS
Customers are responsible for inspecting merchandise promptly upon delivery or pickup.
Visible damage, shortages, or incorrect merchandise must be reported within 24 hours of receipt.
Claims involving concealed product defects must be reported within 3 business days of receipt.
Simply Pak may require:
•    Invoice or order number;
•    Item number;
•    Quantity affected;
•    Photographs of the product;
•    Photographs of the case and packaging;
•    Delivery documentation; and
•    Any other information reasonably necessary to evaluate the claim.
Customers must retain the affected product and all original packaging until the claim has been resolved. Disposing of the merchandise before Simply Pak has had an opportunity to inspect or review it may result in denial of the claim.


DAMAGED MERCHANDISE
Simply Pak will accept responsibility for damaged merchandise only when the available evidence reasonably establishes that the damage occurred while the merchandise was under Simply Pak's responsibility.
Simply Pak is not responsible for damage occurring after responsibility for the merchandise has transferred to the customer, including damage caused by:
•    Customer handling;
•    Customer-arranged transportation;
•    Loading or unloading by the customer or its carrier;
•    Dropping, crushing, impact, or mishandling;
•    Improper storage;
•    Water, heat, weather, or other environmental exposure;
•    Movement of merchandise after delivery; or
•    Employees, contractors, carriers, or other third parties outside Simply Pak's control.
For customer pickups or transportation arranged by the customer, responsibility for loss or damage transfers to the customer when the merchandise is released to the customer or the customer's designated carrier.
For deliveries made by Simply Pak or transportation arranged by Simply Pak, customers must inspect the shipment upon receipt and report visible damage promptly. Simply Pak will review the circumstances and available documentation to determine responsibility.
Whenever possible, visible damage or shortages should be noted on the delivery receipt before the shipment is accepted.
Simply Pak reserves the right to deny a damage claim when the timing or cause of the damage cannot reasonably be established.


RETURN AUTHORIZATION 
No merchandise may be returned without prior written authorization from Simply Pak.
Unauthorized returns may be refused and will not qualify for credit.
Return authorization does not guarantee a refund or credit. Returned merchandise is subject to inspection and final approval.
Condition of Authorized Returns
Any merchandise authorized for return must be:
•    Unused;
•    Unopened;
•    In its original case and packaging;
•    Clean and undamaged;
•    Free of customer labels, writing, stickers, or markings; and
•    In fully resalable condition.
Products that have been stored in an uncontrolled, unsanitary, damaged, or unknown environment may not be accepted back into inventory, even if the case appears unopened.

The following products are final sale:
•    Custom-printed or personalized products;
•    Special-order merchandise;
•    Products sourced specifically for a customer;
•    Clearance or closeout merchandise;
•    Discontinued products;
•    Opened cases;
•    Partial cases;
•    Used products;
•    Products with damaged or altered packaging; and
•    Products specifically designated as non-returnable.


These products may only qualify for a claim when Simply Pak confirms that the wrong product was supplied or that a defect or damage occurred while the merchandise was under Simply Pak's responsibility.


DISCRETIONARY RETURNS
Simply Pak may, at its sole discretion, approve the return of regularly stocked merchandise as a customer-service accommodation.
Any discretionary return:
•    Requires prior written authorization;
•    Must generally be requested within 7 calendar days of delivery;
•    Must be unopened and in original resalable condition;
•    Is subject to a minimum 20% restocking fee;
•    May be subject to additional transportation or handling charges; and
•    May be issued as account credit rather than a cash refund.
Approval of an exception on one occasion does not create an obligation to accept similar returns in the future.


CREDITS, REPLACEMENTS & REFUNDS
When Simply Pak approves a claim, Simply Pak may, at its option:
•    Replace the affected merchandise;
•    Issue an account credit; or
•    Issue a refund.
Simply Pak will determine the appropriate resolution based on the circumstances.
Original delivery, shipping, handling, special-order, and service charges are non-refundable unless Simply Pak determines that the charges resulted directly from its error.
Any courtesy credit, replacement, refund, or other customer accommodation does not constitute an admission of liability or establish a precedent for future claims.


ORDER CANCELLATIONS
Orders may only be cancelled before they have been processed, picked, transferred, shipped, or specially ordered.
Custom, special-order, and made-to-order merchandise cannot be cancelled once procurement or production has begun.


CUSTOMER  RESPONSABILITY
Customers are responsible for confirming product specifications, dimensions, quantities, compatibility, and intended use before placing an order.
Simply Pak's sales team is available to assist with product selection, specifications, and samples before purchase.


POLICY ACCEPTANCE
By placing an order with Simply Pak, the customer acknowledges and agrees to this Return, Credit & Claims Policy.
Simply Pak reserves the right to modify this policy from time to time. The policy in effect when an order is placed will apply to that order, subject to applicable law.

7. INTELLECTUAL PROPERTY

All content on this website, including:

  • Logos,

  • Text,

  • Graphics,

  • Images,

  • Product information,

  • Website design,

is the property of Simply Pak Holdings LLC and may not be copied, reproduced, or distributed without written permission.

8. DISCLAIMER OF WARRANTIES

This website and all products/services are provided “as is” and “as available” without warranties of any kind, whether express or implied.

We do not guarantee:

  • Uninterrupted website access,

  • Error-free operation,

  • Complete accuracy of information.

9. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Simply Pak Holdings LLC shall not be liable for:

  • Indirect damages,

  • Consequential damages,

  • Lost profits,

  • Business interruption,

  • Data loss,

  • Delays,

  • Special damages arising from the use of this website or our products/services.

Our maximum liability shall not exceed the amount paid for the specific order giving rise to the claim.

10. INDEMNIFICATION

You agree to indemnify and hold harmless Simply Pak Holdings LLC, its owners, employees, affiliates, and representatives from any claims, damages, liabilities, or expenses arising from:

  • Your use of the website,

  • Violation of these Terms,

  • Violation of applicable laws.

11. PRIVACY

Your use of this website is also governed by our Privacy Policy.

By using this website, you consent to the collection and use of information in accordance with our Privacy Policy.

12. GOVERNING LAW

These Terms and Conditions shall be governed by and interpreted under the laws of the State of Florida, without regard to conflict of law principles.

Any disputes shall be resolved exclusively in the courts located in Miami-Dade County, Florida.

13. MODIFICATIONS

We reserve the right to update or modify these Terms and Conditions at any time without prior notice.

Continued use of the website after changes are posted constitutes acceptance of those changes.

14. CONTACT INFORMATION

Simply Pak Holdings LLC
8300 NW 93rd Street, Unit 5
Miami, FL, United States

Phone: (800) 801-7304
Email: info@simplypak.com
Website: www.simplypak.com