Last updated: (March 2025)
These Terms and Conditions (“Terms”) govern the use of the Vibrallic website and services and the sale of products by Vibrallic to business customers. By accessing our website or placing an order with Vibrallic, you agree to be bound by the following terms. If you do not agree with these Terms, please do not use our website or services. These Terms apply to all transactions in Canada unless otherwise specified.

1. Definitions and Scope of Agreement

“Vibrallic” or “the Company” refers to Vibrallic (the provider of the custom packaging services and website Vibrallic.com). “Customer” or “Client” refers to the person, company, or legal entity purchasing products or services from Vibrallic. “Products” “Packaging” or “Goods” refer to the custom packaging items (boxes, etc.) that are designed and manufactured by Vibrallic for the Customer. “Services” refers to any design, printing, or related services provided by Vibrallic.

These Terms and Conditions constitute the entire agreement between Vibrallic and the Customer for any order placed or services used, except where a separate written contract exists. Any other terms proposed by the Customer (for example, on a purchase order) do not apply unless expressly agreed to in writing by an authorized representative of Vibrallic. The scope of this agreement covers all orders, quotes, invoices, and use of our website. Both Vibrallic and the Customer agree to act in good faith in accordance with these Terms.

2. Ordering Process and Payment Terms

Placing Orders:

Orders for custom packaging can be placed through our website or via direct communication with our sales team. An order is considered officially placed when the Customer has provided all necessary specifications (design, dimensions, quantity, etc.) and accepted a quote or pricing from Vibrallic. Vibrallic reserves the right to accept or decline any order. Order acceptance may be subject to the Customer fulfilling payment requirements as described below. We will confirm receipt of orders and provide an order confirmation outlining the details.

Quotes and Pricing:

All price quotations provided by Vibrallic are valid for a specified time (usually 5 days) unless otherwise stated. Quotes are based on the current costs of materials, labor, and other factors. If the Customer makes changes to the order details after receiving a quote (e.g., quantity, materials, or design changes), Vibrallic may update the pricing accordingly and requote the project. Prices are listed in Canadian dollars (CAD) and exclusive of applicable taxes (such as HST/GST and provincial sales taxes) unless stated otherwise. Applicable taxes will be added to the invoice in compliance with Canadian tax laws.

Payment Terms:

Payment terms will be agreed upon at the time of order confirmation. For first-time Customers or custom orders of smaller value, Vibrallic typically requires full payment upfront before production begins. For larger orders or long-term clients with approved credit, Vibrallic may accept a deposit (for example, 50% down) with the remaining balance due upon completion or on net payment terms (such as net 30 days from invoice). Any credit terms must be approved by Vibrallic’s finance department in advance. We accept standard payment methods (e.g., Paypall or credit card). If payment is not received according to the agreed schedule, Vibrallic reserves the right to suspend production or delivery until the issue is resolved. Late payments may be subject to interest charges at a reasonable rate (for instance, 1.5% per month) and/or collection costs after a grace period. The Customer is responsible for paying all fees as invoiced, including any shipping costs or taxes. Ownership of the goods remains with Vibrallic until full payment has been received (retention of title).

Order Changes and Cancellation (Prior to Production):

If the Customer needs to change the specifications of an order after confirmation, the Customer should contact Vibrallic immediately. We will attempt to accommodate order modifications if production has not yet started. Changes may affect pricing and lead time, and a revised quote or written agreement will be provided for significant modifications. Similarly, if the Customer wishes to cancel an order, this must be communicated promptly. Cancellation requests before production commences may be accepted; however, Vibrallic reserves the right to charge for any work already done (such as design services, proofs, or other prep work) and any materials purchased for the order. If an order is canceled after production has begun, the Customer may be responsible for some or all of the order cost, depending on how far along production is at the time of cancellation. Vibrallic will make a good-faith effort to minimize costs in the event of a cancellation, but cannot guarantee refund once work has started.

3. Production Timelines and Modifications

Production Schedule:

Vibrallic will provide an estimated production timeline for each order. Typical production times are in the range of a few weeks for custom packaging orders, but this can vary based on the complexity of the project and current production demand. The timeline estimate begins once the order is confirmed, payment (or deposit) is received, and all design/artwork approvals have been finalized by the Customer. Any delay in the Customer approving proofs or responding to inquiries may extend the production timeline. While Vibrallic strives to meet all estimated dates, these are estimates and not guaranteed deadlines. If you have a firm deadline, please communicate that clearly – rush services might be available for an additional fee and must be agreed to in writing.

Customer Modifications During Production:

If the Customer requests a change after production has started (for example, a design change or quantity change), Vibrallic will assess if the change is possible. Changes mid-production can result in additional charges and delays. In some cases, a change cannot be made because the process is too far along; in that event, the Customer would have to place a new order for the revised product. We will inform the Customer of any feasible modifications, associated costs, and new timelines, and will require the Customer’s approval of these adjustments before proceeding.

Delays:

Vibrallic will communicate proactively about any unforeseen delays in production. Factors such as equipment issues, supply shortages, or other force majeure events (e.g., natural disasters, strikes, pandemics) could impact production timelines. In such cases, Vibrallic is not liable for these delays, but we will do our best to mitigate the impact and keep the Customer updated. If a delay occurs, we will provide a revised estimate for completion. The Customer understands that because custom production is involved, some flexibility in timelines may be necessary.

4. Shipping, Delivery, and Risk of Loss

Shipping Arrangement:

Upon completion of production, Vibrallic will arrange shipment of the Products to the delivery address provided by the Customer, unless the Customer elects to handle pickup or their own shipping. Shipping costs will either be included in the original quote or communicated to the Customer prior to dispatch. Vibrallic uses reputable third-party carriers (e.g., UPS, FedEx, Canada Post, freight companies) for delivery. Once the products are shipped, we will provide the Customer with tracking information and an estimated delivery date. The Customer is responsible for providing an accurate and secure shipping address. Additional charges caused by incorrect addresses or redelivery attempts may be billed to the Customer.

Delivery within Canada:

Vibrallic primarily delivers within Canada. Delivery times depend on the destination and shipping method (as noted in the FAQ, local deliveries take a few days, distant provinces about a week, etc.). While we strive to meet any quoted delivery timeframe, delivery dates are not guaranteed due to reliance on third-party carriers. If the Customer requires expedited shipping or special handling, this must be agreed upon in advance and may incur extra charges. For very large orders, palletized freight delivery may be used, and the Customer should ensure they have the means (loading dock or forklift) to receive the shipment, or let us know if lift-gate service is needed (which may have an additional fee).

International Shipments:

If Vibrallic agrees to ship products internationally (outside Canada), the Customer is responsible for any customs, duties, or import taxes that may apply. International deliveries will be subject to the terms and conditions of the carrier and any applicable export/import laws. The Customer must ensure compliance with their local import regulations. Vibrallic will fill out necessary customs documentation accurately, but is not responsible for delays or costs at customs. The risk and liability for international shipments follow the same terms as domestic (see Risk of Loss below).

Risk of Loss:

Once the order has been handed over to the shipping carrier, ownership and risk of loss passes to the Customer. This means that any damage or loss of the goods during transit is the responsibility of the Customer (though typically covered by the carrier’s liability or insurance). Vibrallic will help the Customer in filing claims with the carrier if goods are lost or damaged in transit, and we will do what we can to assist in a resolution (see Returns/Refunds for how we handle replacements in these cases). However, Vibrallic is not directly liable for shipping delays or damages caused by the carrier. It is the Customer’s responsibility to inspect shipments upon arrival and notify us promptly of any issues so that we can take appropriate action. If the Customer arranges their own pickup or courier, risk passes to the Customer once the goods are transferred to their agent.

5. Refunds, Returns, and Cancellation Policy

Custom Product – All Sales Final:

Because all Vibrallic products are custom-manufactured to the Customer’s specifications, sales are considered final. We do not accept returns or exchanges of custom packaging products, as they are made specifically for the Customer and cannot be resold. The Customer is responsible for thoroughly reviewing all order details, specifications, and proofs before production. Vibrallic will rely on the Customer’s approvals to produce the final goods.

Defects and Errors:

Vibrallic stands by the quality of its workmanship. If the Customer receives products that have material defects or do not conform to the approved specifications (e.g., wrong size, incorrect printing that deviates from the approved proof, or quantity shortages beyond the tolerance level), the Customer should inform Vibrallic in writing (with photos and a description of the issue) within 10 business days of receiving the goods. Vibrallic will investigate the issue, and if we determine that we made an error or the product is indeed defective, we will at our discretion either replace or reprint the defective products at no additional cost, or offer an appropriate refund or credit for the affected portion of the order. The Customer may be asked to return a sample of the defective product or, if feasible, return the entire order (at our expense) for inspection, though typically photo evidence is enough.

Limitations on Returns/Refunds:

It is important to note that minor variations in color, print alignment, or cutting (within industry-standard tolerances) are not usually deemed defects. We strive to achieve perfect results, but slight differences can occur and are considered normal in printing and manufacturing. Additionally, Vibrallic is not responsible for errors in the content of the design (such as typos or mistakes in the artwork) that the Customer approved during the proofing stage. The Customer bears responsibility for reviewing proofs; an approved proof signifies that the Customer has verified that all text, graphics, and specifications are correct. If an error was present in the proof and the Customer approved it, that is not considered a production error on Vibrallic’s part. However, if a mistake is introduced by us that was not in the approved proof, that is on Vibrallic, and we will correct it.

Order Cancellation:

As noted in Section 2, an order may be canceled by the Customer before production begins, potentially with a refund (minus any costs already incurred). Once production is underway, canceled orders typically cannot be refunded in full. If a Customer insists on stopping an order mid-production, Vibrallic will charge for all work performed up to that point and any materials that cannot be repurposed. Any partial refund as an exception will be determined case by case. Vibrallic also reserves the right to cancel an order if the Customer is in breach of these Terms (for example, non-payment or if we discover the content to be printed is unlawful), in which case we will notify the Customer and issue any applicable refund for work not done, or charge for work completed if applicable.

6. Intellectual Property Rights (Designs & Trademarks)

Customer’s Intellectual Property:

The Customer retains all rights to the logos, graphics, trademarks, and any other intellectual property (IP) they provide to Vibrallic for use in their custom packaging. By submitting artwork or designs to Vibrallic, the Customer warrants and represents that they own the rights or have obtained permission to use all elements of the artwork (including trademarks, images, and text) for the purposes of printing and manufacturing the packaging. The Customer grants Vibrallic a non-exclusive, royalty-free license to use, reproduce, modify, and display the provided artwork solely for the purpose of fulfilling the Customer’s order (this includes any digital proofs, production processes, and the production of the packaging itself). Vibrallic will not claim ownership of any Customer-provided designs or use the Customer’s artwork beyond what is necessary to complete the order, except as permitted below.

Design Assistance and Ownership:

If Vibrallic’s design team creates a custom design or artwork for the Customer (separate from the Customer’s own provided files), and the Customer pays for those design services, the resulting design will be considered part of the Customer’s product. Upon full payment, the Customer will generally have ownership of that specific design as it appears on the packaging. (For example, if we create a layout or some graphics for your box, those elements become yours along with the printed boxes.) However, Vibrallic retains the right to use generic design elements or templates that are not unique to the Customer in other projects. Vibrallic also retains the copyright to any of its own branding, template files, website content, or illustrations that are not part of the Customer’s specific branding.

Portfolio Rights:

Vibrallic may with the Customer’s permission showcase the finished packaging products (which include the Customer’s design/logo) in our portfolio, on our website, or in marketing materials as examples of our work. We highly value our clients’ privacy and brand image, so if you prefer that we do not display your project publicly, please inform us in writing, and we will respect that request. Absent a no-share request, using a photo of the produced packaging in our portfolio is generally considered permissible fair use to illustrate our services, but we always strive to be considerate of the Customer’s brand.

Vibrallic’s Intellectual Property:

All content on the Vibrallic website (text, images, graphics, logos, software) and any Vibrallic branding or templates provided to the Customer are the intellectual property of Vibrallic (or our content licensors) and are protected by copyright, trademark, and other IP laws. “Vibrallic” and our logo are our trademarks. The Customer may not use Vibrallic’s name, logo, or proprietary materials for any purpose other than referencing Vibrallic’s services, without our prior written consent.

IP Infringement Indemnification:

The Customer agrees that they are fully responsible for the content they supply to be printed. The Customer will indemnify and hold harmless Vibrallic from any third-party claims, liabilities, or damages (including legal fees) arising out of intellectual property infringement allegations related to the materials the Customer provided. In plain terms, if a Customer asks us to print something that violates someone else’s copyright or trademark and that third party takes legal action, the Customer (not Vibrallic) will be liable for the consequences. Vibrallic reserves the right to refuse any order that we suspect may violate intellectual property laws or any unlawful content.

7. Limitation of Liability and Disclaimers

Product Use and Suitability:

Vibrallic warrants that it will produce custom packaging in accordance with the specifications and quality standards agreed upon in the order. We strive to ensure our products are safe and suitable for typical packaging uses. However, Vibrallic does not guarantee that the products are fit for a particular purpose beyond the general purpose of packaging, unless expressly stated. It is the Customer’s responsibility to determine the suitability of the packaging for their specific product (for example, ensuring box strength is sufficient for the product’s weight, or that the materials are appropriate for any special conditions like refrigeration). We can offer guidance, but the final decision lies with the Customer.

No Other Warranties:

Except as expressly provided in these Terms, Vibrallic disclaims all other warranties or conditions, express or implied, including but not limited to implied warranties of merchantability, durability, or fitness for a particular purpose. In other words, we promise to deliver what we agreed to, but we don’t make broader promises beyond that. Any advice or information obtained from Vibrallic outside of a written contract does not create any additional warranty.

Limitation of Liability:

To the fullest extent permitted by applicable law, Vibrallic’s liability to the Customer for any claims arising out of or related to any order, product, or these Terms – whether in contract, tort (including negligence), or otherwise – is limited to the amount the Customer paid to Vibrallic for the specific order or products in question. Under no circumstances will Vibrallic be liable for any indirect, consequential, incidental, special, or punitive damages. This includes, for example, no liability for lost profits, loss of business opportunities, or costs incurred due to delay or defect in our products, beyond the direct cost of the products themselves. The purpose of this limitation is to allocate risks between us and the Customer; the pricing of our products reflects this allocation of risk and the limited remedies provided.

Force Majeure:

Vibrallic shall not be liable for any failure to perform, or delays in performance, resulting from circumstances beyond our reasonable control, such as acts of God, natural disasters, fire, flood, pandemic, war, government intervention, labor strikes, equipment failure, or shortages of materials. If such an event occurs, we will notify the Customer and make reasonable efforts to resume performance as soon as possible.

Customer’s Legal Rights:

Nothing in this section or elsewhere in these Terms is intended to limit or exclude any legal rights of the Customer that cannot be legally limited or excluded. (For example, if consumer protection laws apply and they confer certain non-waivable rights, those are not overridden by these Terms. However, note that these Terms are designed for B2B transactions, and business customers may not have the same protections as individual consumers in some jurisdictions.)

8. Compliance with Laws and Governing Law

Compliance with Canadian Laws:

Vibrallic conducts its business in accordance with Canadian laws and regulations. We comply with all relevant business regulations, including but not limited to laws concerning manufacturing, employment, health and safety, and environmental standards. We also adhere to applicable consumer protection laws, although our primary clientele is businesses. If any provision of these Terms is found to violate a mandatory provision of law, the illegal or unenforceable part shall be deemed severed from the Terms, and the remaining provisions will continue in full force. Vibrallic and the Customer each agree to comply with all laws and regulations applicable to their performance under this Agreement. The Customer is responsible for compliance with any laws related to their possession, use, or resale of the products we provide (for example, meeting packaging labeling requirements in their industry, etc.).

Governing Law:

These Terms and any separate agreements whereby we provide you Services or Products shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Essentially, the contract between Vibrallic and the Customer is a Canadian contract subject to Canadian law. If a dispute arises that cannot be resolved amicably, and legal action is pursued, it will be handled in the courts of the applicable province (we anticipate Ontario if that is where Vibrallic is based, or otherwise a Canadian jurisdiction agreed upon). Both Vibrallic and the Customer agree to submit to the jurisdiction of the Canadian courts for any such dispute. (If the Customer is located outside of Canada, you acknowledge that Canadian jurisdiction will still apply as per these Terms.)

Consumer Protection:

If the Customer is categorized as a “consumer” under certain legislation (for instance, if a small business purchase is still covered by a consumer statute), nothing in these Terms is intended to contradict the rights afforded under such laws. We strive for transparency and fairness as guided by the spirit of Canadian consumer protection regulations, even in B2B dealings.

9. Privacy & Data Protection

Collection and Use of Data:

Vibrallic respects your privacy and is committed to protecting any personal or business information we collect. In the course of doing business, we may collect information such as your company name, contact person, billing and shipping addresses, email, phone number, and order history. This information is used solely for providing our services – for example, to process orders, arrange shipments, send invoices, and communicate with you about your orders or inquiries. If you use our website, we might also collect standard web analytics data (as described in our Privacy Policy) to improve our site and services.

Protection of Data:

We implement reasonable security measures (administrative, technical, and physical safeguards) to protect your personal information from unauthorized access or disclosure. Payment information is handled securely through reputable payment processors, and we do not store full credit card details on our systems. While no company can guarantee perfect security, we take data protection seriously and follow industry best practices to ensure your data is not misused.

Email Communications and Consent:

By providing your email or other contact information to Vibrallic, you consent to receive communications from us that are necessary for order fulfillment (such as order confirmations, shipping notifications, and customer service correspondence). You may also have the option to subscribe to our newsletter or promotional emails. These are opt-in only – we will only send marketing communications if you have agreed to receive them. Even after opting in, you can unsubscribe at any time by clicking the unsubscribe link in our emails or contacting us directly. We comply with Canada’s anti-spam legislation (CASL) and will not send commercial electronic messages without proper consent.

Third-Party Sharing:

Vibrallic does not sell or rent your personal information to third parties. We will only share your data with third parties in the following contexts: (a) with service providers and partners who help us fulfill orders and run our business – for example, sharing your address with a shipping courier, or providing your email to an email service to send updates (in each case, these parties are only given the information necessary to perform their function and are obligated to protect it); (b) if required by law or legal process (such as a court order, or government regulation requiring disclosure); or (c) in the case of a business transaction like a merger or sale, in which case any new owner would be subject to the same privacy commitments.

Privacy Policy:

These privacy-related terms are a summary of how we handle customer data. For more detailed information, please refer to our Privacy Policy (if available on our website), which is incorporated by reference into these Terms. By agreeing to these Terms, you also agree to our data practices as described. If there is any conflict between these Terms and the Privacy Policy regarding data protection, the Privacy Policy will govern.

Data Retention:

We retain customer information for as long as necessary to fulfill the purposes for which it was collected (orders, legal obligations, etc.). You have rights regarding your personal data, including the right to access or correct information. You can contact us to exercise those rights, subject to verification of identity and applicable law.

By using Vibrallic’s website or services and/or by placing an order, you acknowledge that you have read, understood, and agreed to these Terms and Conditions. If you have any questions or concerns about these Terms, please contact us before proceeding with your order.