Terms And Conditions​

This document and the other documents that we reference below make up the Terms And Conditions ​(the “Terms” for short).

Welcome to Pakagi. We’re so glad you’re here. Make yourself comfortable and have a good time, but please follow these rules to share confidence and trust in this marketplace.

This User Agreement, and all policies and additional terms posted on and in our sites, the terms on which Pakagi offers you access to and use of our Services. You can find an overview of our policies here. all policies and additional terms posted on and in our Services are incorporated into this User Agreement. You agree to comply with all terms of this User Agreement when accessing or using our Services.

The entity you are contracting with is Pakagi. In this User Agreement, this entity is individually and collectively referred to as “Pakagi,” “we,” or “us.”
Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see “Disclaimer of Warranties; Limitation of Liability” and “Legal Disputes” provisions below). It also contains an Agreement to Arbitrate which will, with limited exception, require you to submit claims you have against us or our agents to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate (see 15.Additional Terms, 2-Legal Disputes, Section B (“Agreement to Arbitrate”)). If you do not opt-out:

(1) you will only be permitted to pursue claims against us or our agents on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding.

(2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury and that you waive your right to participate in class actions, class arbitrations, or representative actions.

This contract sets out your rights and responsibilities when you use Pakagi.com, Pattern by Pakagi, our mobile apps, and the other services provided by Pakagi(we’ll refer to all of these collectively as our “Services”), so please read it carefully. By using any of our Services (even just browsing one of our websites), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services. Agree with us? Great, read on!

Pakagi is a store that allows users to buy a printed product online in a variety of pricing formats and locations. The actual contract for sale is directly between the buyer and us. In connection with using or accessing our Services, you agree to comply with this User Agreement, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:
  • breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
  • use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;
  • take any action that may undermine the feedback or rating systems; transfer your Pakagi account (including feedback) and User ID to another party without our consent;
  • distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm Pakagi or the interests or property of users;
  • use any robot, spider, scraper, data mining tools, data gathering, and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of Pakagi;
  • interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
  • export or re-export any Pakagi application or tool, except in compliance with the export control laws, and rules, and policies of any relevant jurisdictions;
  • infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to Pakagi. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Pakagi or someone else;
  • infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
  • commercialize any Pakagi application or any information or software associated with such application, except with the prior express permission of Pakagi;
  • harvest or otherwise collect information about users without their consent;
  • circumvent any technical measures used to provide our Services.
If we believe you are abusing Pakagi and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove, not display, and/or demote, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services. If we believe you are violating our policies prohibiting Offers to buy outside of Pakagi, you may be subject to a range of actions, including limits on your buying privileges, restrictions on listings and account features, suspension of your account, application of fees, and recovery of expenses for policy monitoring and enforcement. We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion. (i) Amendment to this agreement: We may amend the terms of this agreement from time to time, and we will let you know about these changes either by sending you an email to the email address you have registered with Pakagi or by displaying information about the changes on our home page, or both. Either way, your continuing use of the website will be taken to be acceptance of the new terms. (ii) Our service: Pakagi provides a range of services (the “Pakagi service”) which, amongst other things, enable you to discuss and purchase printed items; interact with other members; and receive the benefits of Pakagi’s facilitation of product fulfillment, including payment processing, customer services, third-party product manufacturing. In addition, Pakagi will arrange for the delivery of the physical product to you (customer). (iii) Members: You can become a registered member (“Member”) of the website by setting up a password-protected account. You will be required to select a username and password when registering to become a member. You must become a member before placing any content on the website, including writing any comments in forums or reviews. In its sole discretion, Pakagi may refuse any user name that it decides is inappropriate and / or refuse any person from becoming a member. Any information you choose to publish in the public section of your profile may be viewed, distributed or linked to within the website or in the course of delivering the Pakagi service. We care about your privacy and you can read our privacy policy if you would like to know how we handle your personal information. (iv) Passwords: You are responsible for actions made on the website using your password, including any products purchased and any content displayed or messages sent, even if these actions were not approved or contemplated by you. You are solely responsible for any loss caused by any use of your password by you, or any other person. You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately. (iiv) Policy enforcement: When a buyer issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing for buyers. The foregoing does not limit or impair our right to refuse, modify, or terminate all or part of our Services to anyone, or to terminate this agreement with anyone, for any reason at our discretion.
– When buying an item from Pakagi, you agree to the Rules and policies for buyers and that: – You are responsible for reading the full item listing before making a bid or committing to buy, – You enter into a legally binding contract to purchase an item when you commit to buy an item, 1. The price of a product will be as quoted on the Draogate from time to time at the time you place your order. However, please see paragraph 5 below for what happens if we discover an error in the price of any product you order. 2. These prices exclude applicable taxes and delivery costs, which will be added to the total amount due as set out in the Shipping section. 3. Since the Products you are ordering from the Pakagi are for delivery outside the UK, they may be subject to US import duties and taxes which are levied when the delivery reaches the US. We will usually settle these taxes and duties on your behalf however, there may be odd occasions where they are charged to you rather than us. If this happens please contact our Customer Service Team. We will ask you to provide the relevant customs paperwork demonstrating that it relates to your purchase from the Pakagi and once we have this from you, we’ll reimburse you for these taxes/duties. Please note that you must comply with all applicable United States laws and regulations. We will not be liable for any breach by you of any such laws. 4. We may change our prices at any time but changes will not affect any order in respect of which we have already sent you an order confirmation. 5. The Pakagi contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on the Pakagi may be incorrectly priced or described. We do not warrant those product descriptions or other content on the Pakagi are accurate, complete, reliable, current, or error-free. We will normally verify prices as part of our shipping procedures so that, where a product’s correct price is less than our stated price, we will charge the lower amount when dispatching the product to you. If a product’s correct price is higher than the price stated on the Pakagi, we will normally, at our discretion, either contact you for instructions before shipping the product or reject your order and notify you of such rejection. 6. We are under no obligation to provide any product to you at the incorrect (lower) price, even after we have sent you an order confirmation if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as mispricing. 7. Payment for all products on the Pakagi must be by PayPal. 8. We require payment for products and any delivery charges in advance of delivery. Upon receiving your order, we carry out a standard pre-authorization check on your payment method (PayPal) to ensure there are sufficient funds to fulfill the transaction. We will take payment from your PayPal account when you submit your order. 9. Please note gift cards, promotions and vouchers are not valid payment methods on the Pakagi.
By placing an order with us you are agreeing to be bound by these terms and conditions. If you do not accept the terms and conditions, then please do not use Pakagi or order any products from the Pakagi website. Your use of the Pakagi website is governed by the separately posted Pakagi User Agreement, Pakagi Privacy Policy, and Pakagi Cookie Policy. Please take the time to read these documents as they contain important terms which apply to you and tell you information about us and the legal terms and conditions on which we sell the products listed on Pakagi (Products). The terms will apply to any contract for the sale of Products to you. You can print a copy of these terms and conditions or save them to your computer for future reference.

1. Orders:

1.1. You may only purchase Products from Pakagi if you are at least 18 years old, legally capable of entering contracts. You represent and agree that all Products you order are for your own private and domestic use and are not for resale. 1.2. Pakagi reserves the right to terminate the Contract after it has formed. This may be for several reasons, including but not limited to: (i) the product is unavailable in stock; (ii) inability to authorize your payment; (iii) identification of a pricing error; (iv) your violation of these terms. 1.3. In the event the Contract is terminated Pakagi will notify you at the email address provided when placing your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

2. Cancellations, returns, and refunds:

2.1. You can cancel your order at any time before the expiration of (90) business days beginning on the day after you receive the Product. The cancellation must be made in writing via the Pakagi Contact form. You cannot cancel your order after it is shipped. However, You can reject/return the goods after it is delivered to you. When your order status is “Awaiting Shipment”: You can cancel your order by contacting us via the Pakagi Contact form, selecting a reason for cancellation, then [Submit] the request. 2.2. In addition, you may return Products purchased on the Pakagi website: (i) which were not sold as part of a promotion or sale, at any time within 90 days after the date of delivery; or (ii) which were sold as part of a promotion or sale, at any time within 14 days after the date of delivery. 2.3. You will be entitled to a full refund of the purchase price paid for the Product. Please note that if you have purchased products as part of an offer or discount, the amount refunded will be adjusted accordingly to reflect any failure to meet the original requirements for the offer or discount as a result of returning the Product. 2.4. All refunds for non-defective product returns will be processed as soon as possible but, in any event, within 21 days after we receive the returned Products. You will not receive a refund for any postage costs. 2.5. All returns for defective products will be examined once they have been received by us and we will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days after the day, we confirmed to you via e-mail that you were entitled to a refund for a defective Product (including a refund of the reasonable delivery charges for sending the item to you and the cost incurred by you in returning the item to us). 2.6. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. 2.7. Where you are returning Products to Pakagi this is at your own cost and risk. Please make sure that you obtain a return receipt or delivery confirmation from your carrier when returning Products. 2.8. Please note, you must take reasonable care of any Product so long as it is in your possession and, when returning Products to us, you must ensure that they are in the same condition they were in when you received them (i.e. they must be unused and returned with all labeling and original packaging). If you fail to comply with this obligation, we may have a right of action against you for compensation. 2.9. The provisions of this clause 2 are in addition to your rights and remedies under a law in relation to Products that are faulty. 2.10. To cancel your order, you have to contact us. and This is how the process will go: you’ll contact us to cancel your existing order. We’ll give you a voucher with the full value of the canceled order. You can place a new order with the right stuff! You cannot cancel your order after it is shipped. However, You can reject/return the goods after it is delivered to you. When your order status is “Awaiting Shipment”: You can cancel your order. contact us, select a reason for cancellation, then [Submit] the request. Cancellations of orders must be in accordance with our Order cancellation policy. If the order cannot be canceled, buyers may still be permitted to return the item if the item is eligible for return. All buyer requested cancellations of orders must be in accordance with our Order cancellation policy. 2.11. Pakagi does not accept returns of sealed goods, such as but not limited to face masks, which are not suitable for return due to health or hygiene reasons. You hereby agree that any returned orders with face masks won’t be available for reshipping and will be disposed of.

3. Delivery instructions:

3.1. We will endeavor to fulfill your order within the estimated delivery period unless there is an event outside our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date. 3.2. Delivery will be completed when we deliver the Products to the address you gave us. If you provide to us any instructions relating to the delivery of your order (including, without limitation, instructions to leave the order in a particular place or with a neighbor), you are responsible for ensuring the accuracy of these instructions and we shall not be liable to you in relation to any loss of or damage to the order resulting from our following your instructions.

4. Risk, title, and liability for product purchase:

4.1. The Products will be at your risk from the time of delivery. 4.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges, and delivery is complete. 4.3. Our liability for losses you suffer as a result of us not complying with this agreement is strictly limited to the purchase price of the Product you purchased and any losses that are a foreseeable consequence of us not complying with the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted. We only supply the Products for domestic and private use. You agree not to use the Product for any commercial, business, or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. 4.4. Pakagi shall not be liable for failure by you to follow specific care instructions provided on Products; for fair wear and tear; wilful damage, abnormal storage conditions, accident, negligence by you or by any third party; or any alteration or repair to the Products by you or by a third party. 4.5. The provisions of this clause 4 do not exclude or limit in any way our liability: (i) for death or personal injury caused by our negligence; (ii) for fraud or fraudulent misrepresentation; (iii) defective products under the Consumer Protection Act 1987; (iv) for any matter for which it would be illegal for us to exclude, or attempt to exclude our liability.

5. Prices, descriptions, and payment:

5.1. The price of any Product will be as quoted on Pakagi from time to time, except in cases of obvious error. 5.2. These prices exclude applicable taxes and delivery costs, which will be added to the total amount due as set out in the delivery section of the website. 5.3. We will usually settle the taxes and duties on your behalf however, there may be odd occasions where they are charged to you rather than us. If this happens please contact our Customer Services Team via the Pakagi contact form. We will ask you to provide the relevant customs paperwork demonstrating that it relates to your purchase from Pakagi, and once we have this from you, we’ll reimburse you for these taxes/duties. Please note that you must comply with all applicable United States laws and regulations. We will not be liable for any breach by you of any such laws. 5.4. Prices are subject to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation. 5.5. Pakagi contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced or described. We do not warrant those product descriptions or other content of our site is accurate, complete, reliable, current, or error-free. We will normally verify prices as part of our shipping procedures so that where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before shipping the Product or reject your order and notify you of such rejection. 5.6. We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing. 5.7. Payment for all Products must be by Paypal. We require payment for Products and any delivery charges in advance of delivery. Upon receiving your order we carry out a standard pre-authorization check on your payment method to ensure there are sufficient funds to fulfil the transaction. We will take payment from your PayPal account when you submit your Order.

6. Written communications:

Applicable laws require that some of the information or communications we send to you should be in writing. When using Pakagi, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our Pakagi website. You agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

ALL NOTICES GIVEN BY YOU TO US MUST BE GIVEN TO Pakagi BY EMAILING US VIA Pakagi’s CONTACT FORM. WE MAY GIVE NOTICE TO YOU AT EITHER THE E-MAIL OR POSTAL ADDRESS YOU PROVIDE TO US WHEN PLACING AN ORDER, OR IN ANY OF THE WAYS SPECIFIED IN CLAUSE 6 ABOVE. NOTICE WILL BE DEEMED RECEIVED AND PROPERLY SERVED IMMEDIATELY WHEN POSTED ON OUR Pakagi WEBSITE OR 24 HOURS AFTER AN E-MAIL IS SENT.
1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control. 2. An event outside our control includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) strikes, lock-outs, or other industrial action; civil commotion, riot, invasion, terrorist attack, or threat of terrorist attack; war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters; the impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; the impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government (“Force Majeure Event”). 3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
1. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. 2. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect. 3. This contract is between you and us. No other person shall have any right to enforce any of its terms. 4. We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. 5. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. 6. We will not file a copy of the contract between us.
These Terms are governed by English law. This means a Contract for the purchase of Products through Pakagi and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction with respect to any dispute or claim arising out of or in connection with these Terms.

All our Products are manufactured by one of our approved factories in Australia, Bulgaria, China, Czech Republic, Egypt, Guatemala, India, Italy, Portugal, Romania, Spain, Tunisia, Turkey, or the UK. We inspect all of our factories regularly to ensure they adhere to high ethical standards.

Many of our Services are accessible internationally. We may offer certain programs, tools, and site experiences of particular interest to international artists and buyers, such as estimated local currency conversion and international shipping calculation tools. artists and buyers are responsible for complying with all laws and regulations applicable to the international sale, and purchase of items.

If you purchase an item on a Pakagi site that is different from your registration site, you are subject to the User Agreement and applicable policies of that other Pakagi site with respect to that particular purchase, as detailed in the International selling policy.

One of the ways that we may make Pakagi.com listings available to international buyers on Pakagi.com and on Pakagi’s international sites is through the Global Shipping Program. For eligible items located in the United States and purchased by an international buyer through the Global Shipping Program.

Pursuant to a routed export transaction under the U.S. Export Administration Regulations and Foreign Trade Regulations, the buyer, as the Foreign Principal Party in Interest, will agree to assume responsibility for the export shipment, with Pitney Bowes Inc. acting as your buyer’s forwarding agent. You remain liable for the accuracy of the information you provide about items, and you agree to provide timely responses to requests for additional information.

You consent to the disclosure of certain personally identifiable information, as well as listing and order information, by Pakagi to our third-party partners, to their affiliates, service providers, and other third parties (such as customs and revenue authorities, as well as other government agencies), in connection with the processing, export and customs clearance, and international transportation of any item. Pakagi does not control the privacy policies of our third-party partners, their affiliates, or its service providers, and you are subject to the privacy policies of those parties, as applicable.



When you provide content using our Services (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our Services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Pakagi, our assignees, our sublicensees, and their assignees in connection with our, those assignees’, and those sublicensees’ use of that content in connection with our provision, expansion, and promotion of our Services.

You represent and warrant that, for all such content you provide, you own or otherwise control all necessary rights to do so and to meet your obligations under this User Agreement. You represent and warrant that such content is accurate. You represent and warrant that use of any such content (including derivative works) by us, our users, or others in contract with us, and in compliance with this User Agreement, does not and will not infringe any Intellectual Property Rights of any third party. Pakagi takes no responsibility and assumes no liability for any content provided by you or any third party.

We offer product data (including images, descriptions, and specifications) that are provided by third parties (including Pakagi users). You may use that content solely in your Pakagi listings. Pakagi may modify or revoke that permission at any time in our sole discretion. The product data includes copyrighted, trademarked, and other proprietary materials. You agree not to remove any copyright, proprietary, or identification markings in the product data and not to create any derivative works based on that data (other than by including the data in your listings).

We try to offer reliable product data, but cannot promise that the content provided through our Services will always be available, accurate, complete, and up-to-date. You agree that Pakagi is not responsible for examining or warranting the listings or content provided by third parties through our Services and that you will not attempt to hold us or our data providers liable for inaccuracies.

The name “Pakagi” and other Pakagi logos, designs, and phrases that we use in connection with our Services. They may not be used without the express written prior permission of Pakagi.

Pakagi may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt; (v) poll your opinions through surveys or questionnaires; or (vi) as otherwise necessary to service your account or enforce this User Agreement, our policies, applicable law, or any other agreement we may have with you. Pakagi may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions) if you consent to such communications. Our collection, use, disclosure, retention, and protection of your personal information is governed by our User Privacy Notice. As described in our User Privacy Notice, Pakagi may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. You can’t change your marketing communications preference for calls.

Pakagi may share your telephone number with its authorized service providers as stated in our User Privacy Notice. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Pakagi to carry out the purposes identified above.

Pakagi may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Pakagi or its agents for quality control and training purposes, or for its own protection.

Pakagi’s automated systems scan and analyze the contents of every message sent through its messages platform, including messages between users, to detect and prevent fraudulent activity or violations of Pakagi’s User Agreement, including the incorporated terms, notices, rules, and policies. This may result in a manual review of messages sent through our messaging tools. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Pakagi may store message contents, including conducting this scanning and analysis.

Privacy of Others; Marketing

If Pakagi provides you with information about another user, you agree you will use the information only for the purposes that it is provided to you. You may not disclose or distribute a user’s information to a third party for purposes unrelated to our Services. Additionally, you may only send marketing communications to users who have consented to receive them and only use Pakagi Services.

Most Pakagi sales go smoothly, but if there’s a problem with a purchase covered by Pakagi Money Back Guarantee, buyers can get their money back if an item didn’t arrive, is faulty or damaged, or doesn’t match the listing. You agree to comply with the policy and permit us to make a final decision on any Pakagi Money Back Guarantee case.

We may suspend the Pakagi Money Back Guarantee in whole or in part without notice if we suspect abuse or interference with the proper working of the policy.

We try to keep our Services safe, secure and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Pakagi’s applications may not occur in real-time. Such functionality is subject to delays beyond Pakagi’s control. You agree that you are making use of our Services at your own risk and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, to the extent permitted by applicable law, in no event will Pakagi (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) be liable to you or any third party under any claim at law or in equity for any consequential damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages), and all such damages or losses are expressly excluded by this agreement whether or not they were foreseeable or Pakagi was advised of such damages or losses. Without limiting the generality of the foregoing, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents, and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, other intangible losses, or any special, indirect, or consequential damages) resulting directly or indirectly from: – the content you provide (directly or indirectly) using our Services; – your use of or your inability to use our Services; – pricing, shipping, format, or other guidance provided by Pakagi; – delays or disruptions in our Services; – viruses or other malicious software obtained by accessing or linking to our Services; – glitches, bugs, errors, or inaccuracies of any kind in our Services; – damage to your hardware device from the use of any Pakagi Service; – the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items; – a suspension or other action is taken with respect to your account or breach of the Abusing Pakagi Section above; – the duration or manner in which your listings appear in search results as set out in the Listing Conditions Section above; or your need to modify practices, content, or behavior, or your loss of or inability to do business, as a result of changes to this User Agreement or our policies. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Pakagi Money-Back Guarantee up to the price the item sold for on Pakagi (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.

1. Release:

If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, and agents) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.

2. Indemnity:

You will indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, your improper use of our Services or your breach of any law or the rights of a third party.

3. Legal Disputes:

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND Pakagi HAVE AGAINST EACH OTHER ARE RESOLVED.

You and Pakagi agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Pakagi (or any related third parties) that relates in any way to or arises out of this or previous versions of this User Agreement, your use of or access to the Services, the actions of Pakagi or its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

A. Applicable Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Utah, without regard to principles of conflict of laws, will govern this User Agreement and any claim or dispute that has arisen or may arise between you and Pakagi, except as otherwise stated in this User Agreement.

B. Agreement to Arbitrate
You and Pakagi each agree that any and all disputes or claims that have arisen, or may arise, between you and Pakagi (or any related third parties) that relate in any way to or arise out of this or previous versions of the User Agreement, your use of or access to our Services, the actions of Pakagi or its agents, or any products or services sold, offered, or purchased through our Services shall be resolved exclusively through final and binding arbitration, rather than in court.

Alternatively, you may assert your claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act (“FAA”), and to the extent not inconsistent with the FAA, the laws of the State of Utah, without regard to principles of conflict of laws, governs the interpretation and enforcement of this Agreement to Arbitrate.

Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND PAKAGI AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND Pakagi AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) must be severed from the arbitration and may be brought in court (pursuant to Section 18.C below), subject to your and Pakagi’s right to appeal the court’s decision. All other claims will be arbitrated.