Terms of service

OVERVIEW

Welcome to PouchWorth! The terms “we,” “us,” and “our” refer to PouchWorth, operated by Wicklow, Inc. DBA CarePac. PouchWorth operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the “Services”). PouchWorth is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers, limitations of liability, and product-specific requirements for vacuum packaging products.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy [pouchworth.com/privacy]. If you do not agree, you should not use or access our Services.


PLEASE READ THESE TERMS CAREFULLY BEFORE PLACING AN ORDER. BY COMPLETING CHECKOUT ON POUCHWORTH.COM, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT PLACE AN ORDER.


SECTION 1 — ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.

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

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

SECTION 2 — OUR PRODUCTS

We have made every effort to provide an accurate representation of our products in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to your device type, settings, and configuration. We do not warrant that the appearance or quality of any products purchased will meet your expectations or be identical to depictions in our store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available to any person, geographic region, or jurisdiction on a case-by-case basis.

PouchWorth sells stock, non-customized chamber vacuum bags and related flexible packaging products. No custom-printed or custom-specification products are available through this storefront. Customers requiring custom packaging should contact CarePac directly at carepac.com.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. PouchWorth reserves the right to accept or decline any order for any reason at its discretion. Your order is not accepted until PouchWorth confirms acceptance and processes your payment. Please review your order carefully before submitting.

You may cancel an order before it has been shipped by contacting us at tech@pouchworth.com with your order number. Once an order has shipped, cancellation is not available; you may initiate a return under Section 6 upon receipt. In the event that we cancel or make a change to your order, we will attempt to notify you via the contact information provided at checkout.

You represent and warrant that your purchases are for your own use or for your business operations, and not for unauthorized commercial resale or export.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed, as set out in your order confirmation email. Unless otherwise stated, posted prices do not include taxes, shipping, handling, or customs charges.

Prices in our online store may differ from those in physical stores or third-party platforms. Promotions are governed by separate terms; in the event of a conflict, promotion terms govern.

You agree to provide current, complete, and accurate purchase and payment information. You represent and warrant that (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method; (iii) charges will be honored by your financial institution; and (iv) you will pay all charges including shipping and applicable taxes.

All prices are in U.S. dollars. Sales tax will be calculated and displayed at checkout based on your shipping address. If a payment is disputed or reversed by your financial institution (a “chargeback”), we reserve the right to suspend fulfillment of pending orders and pursue recovery of amounts owed.

SECTION 5 — SHIPPING AND DELIVERY

Processing time:  Most in-stock orders are processed and shipped within [X] business days of payment confirmation. Estimated delivery dates are provided for reference only and are not guaranteed.

Risk of loss:  Once we transfer products to the shipping carrier, title and risk of loss pass to you. We are not liable for shipping or delivery delays caused by carriers, customs processing, or events outside our control.

FTC compliance:  In accordance with the FTC Mail, Internet, or Telephone Order Merchandise Rule, if we cannot ship your order within the timeframe stated at the time of purchase (or within 30 days if none is stated), we will notify you and offer the option to cancel for a full refund.

Inspection:  Please inspect your shipment promptly upon arrival. If product is visibly damaged in transit, note the damage with the carrier at delivery. Notify us of any damage or shortage within 7 days of delivery as set out in Section 11.

International:  We currently ship within the United States only unless international shipping is explicitly offered at checkout. International customers are responsible for all import duties, customs fees, and local taxes.

SECTION 6 — RETURNS AND REFUNDS

We want you to be satisfied with your purchase. Please review this policy before ordering, as chamber vacuum bags are a specialty product and not all returns are accepted.


Eligible returns:  Unopened, unused product in its original packaging may be returned within 30 days of delivery for a refund or exchange, subject to the conditions below.

Non-returnable items:  The following are not eligible for return:

  • Products that have been opened, used, or removed from original packaging

  • Products damaged due to improper storage, handling, or use by Customer

  • Clearance, final-sale, or sample items designated as non-returnable at time of purchase

Defective product:  If you receive product with a manufacturing defect, we will replace it or issue a refund at our option. Contact us within 30 days of delivery with a description and photos of the defect. See Section 10 (Warranty) for full details.

How to return:  Email tech@pouchworth.com with your order number and reason for return. We will provide a return authorization and instructions. Returns without prior authorization may not be accepted.

Return shipping:  Customer is responsible for return shipping costs unless the return is due to our error or a manufacturing defect. We recommend using a trackable method; we are not responsible for returns lost in transit.

Refunds:  Approved refunds will be issued to the original payment method within 7–10 business days of receiving and inspecting the return. Original shipping charges are non-refundable unless the return is due to our error.

SECTION 7 — INTELLECTUAL PROPERTY

Our Services — including all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and their design, selection, and arrangement — are owned by PouchWorth, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services for personal or business use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. Unauthorized use may violate federal and state intellectual property laws. All rights not expressly granted are reserved by PouchWorth.

PouchWorth’s names, logos, product and service names, designs, and slogans are trademarks of PouchWorth or its affiliates. You must not use such trademarks without our prior written permission. Shopify’s name, logo, and trademarks are the property of Shopify. All other trademarks on the Services are the property of their respective owners.

SECTION 8 — OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services. We neither monitor nor have any control or input over such tools. We provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion. We may offer new features through the Services in the future; such features shall be subject to these Terms.

SECTION 9 — THIRD-PARTY LINKS

The Services may contain links to third-party websites. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you leave the Services to access third-party sites or materials, you do so at your own risk. We are not liable for any harm or damages related to third-party websites, products, services, or content. Please review third-party policies before engaging in any transaction.

SECTION 10 — WARRANTY

Limited warranty:  We warrant that products conform to the material specifications described in the applicable product listing at the time of shipment. If a product fails to conform to its listed specification due to a manufacturing defect, your exclusive remedy is replacement of the defective product or, at our option, a refund of the purchase price paid for that product. Warranty claims must be submitted within 30 days of delivery with supporting information (order number, description, photographs). We may request return of the alleged defective product for inspection.

WARRANTY DISCLAIMER: EXCEPT FOR THE LIMITED WARRANTY STATED ABOVE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.

 

SECTION 11 — CLAIMS & NOTICE OF NON-CONFORMANCE

You must inspect products promptly upon delivery. Written notice of any shortage, damage, or non-conformance must be submitted to us within 30 days of the delivery date, including your order number, a description of the issue, and photographs where applicable. Failure to provide timely notice will be deemed acceptance of the products as delivered.

All claims against us arising in connection with products must be brought within six (6) months of the date of the event giving rise to the claim. Submit notices to: tech@pouchworth.com.

SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS

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

SECTION 13 — PRODUCT INFORMATION & SUITABILITY

Product descriptions, specifications, and images on PouchWorth.com are provided for general informational purposes. You are solely responsible for determining whether the products you purchase are suitable for your intended application, including compatibility with your vacuum sealing equipment, the product being packaged, applicable food safety practices, and any regulatory requirements that apply to your use.

Chamber vacuum bags sold on PouchWorth.com are designed for use with chamber vacuum sealers and are not designed for use with external (clamping-style) vacuum sealers. Please confirm compatibility with your equipment before ordering.

Standard manufacturing tolerances apply. Bag dimensions (O.D./I.D.) may vary ±5mm. Film gauge, seal strength, and other physical properties may vary within the normal range for the product specification. These variations are inherent to the manufacturing process and do not constitute a defect.

SECTION 14 — FOOD CONTACT & REGULATORY NOTICE

PouchWorth’s chamber vacuum bags are manufactured using materials that comply with applicable FDA food contact substance regulations under 21 CFR Parts 174–186 and are intended for use in contact with food when used as directed with appropriate vacuum sealing equipment.

You are responsible for ensuring that your use of these products complies with all applicable food safety regulations, HACCP requirements, labeling laws, and health department requirements for your operation. We do not provide regulatory compliance advice through this website. Compliance documentation is available upon request at tech@pouchworth.com.

SECTION 15 — PRODUCTS ARE NOT STERILE

All packaging sold through PouchWorth.com is NOT sterile. Products must be inspected and processed using your industry’s accepted methods before use. If your application requires sterile packaging, these products are not appropriate without appropriate processing by you.

SECTION 16 — NO CHILD-RESISTANT FEATURES

Products sold on PouchWorth.com do not include child-resistant closures or features unless explicitly stated in the product listing. If you require child-resistant packaging, do not use these products for that purpose without independent verification that they meet applicable child-resistance standards.

SECTION 17 — PRODUCT SAFETY NOTICE

WARNING: Plastic bags can be dangerous. To avoid danger of suffocation, keep bags away from babies and children. Do not use in cribs, beds, carriages, or playpens. Bags are not toys.

SECTION 18 — MEDICAL & RESTRICTED USE PROHIBITION

PouchWorth products may not be used in any application involving: (a) contact with internal bodily fluids or tissues; (b) cardiac prosthetic devices (including pacemaker leads, artificial hearts, or heart valves); (c) critical components of life-sustaining medical devices; or (d) applications specifically designed for use by pregnant women or to promote or interfere with human reproduction. If you are considering a medical application, contact CarePac before purchasing.

SECTION 19 — RELATIONSHIP WITH SHOPIFY

[NOTE: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]

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

SECTION 20 — PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy [pouchworth.com/privacy]. Certain personal information may also be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

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

We comply with applicable data privacy laws, including the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). California residents have the right to know what personal information we collect, to request deletion, to opt out of the sale or sharing of their data, and to non-discrimination for exercising these rights. To submit a privacy request, contact us at tech@pouchworth.com.

SECTION 21 — FEEDBACK AND REVIEWS

If you submit, upload, post, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including to operate, enhance, and promote the Services.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to maintain Feedback in confidence, pay compensation for it, or respond to it.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, pornographic, or otherwise objectionable, or that violates any party’s intellectual property or these Terms. You are solely responsible for any Feedback you submit and its accuracy.

SECTION 22 — PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or those of others; (d) to harass, abuse, defame, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send any “junk mail,” “chain letter,” “spam,” or other unsolicited solicitation; (g) to impersonate or attempt to impersonate any person or entity; or (h) to engage in any conduct that restricts or inhibits anyone’s use of the Services or exposes PouchWorth or Shopify to liability.

You further agree not to: (a) upload or transmit viruses or malicious code; (b) reproduce, duplicate, sell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraping, or data extraction tool, or automated means to access the Services; or (f) interfere with, bypass, or circumvent any security or authorization feature of the Services. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine you have violated any part of these Terms.

SECTION 23 — AGENTS

23.1  This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. “Agent” means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed without direct supervision.

23.2  No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict accordance with the requirements in Section 23.4 below. No Agent may access the Services if we have requested that it refrain from doing so.

23.3  We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

23.4  Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the Agent name by including “Agent/[agent name]” in the user agent string; (ii) not conceal or obfuscate that interactions are from an Agent, including by mimicking human behavior or completing CAPTCHAs; (iii) respond truthfully to any question seeking to determine if interactions are from a human or a computer; and (iv) not circumvent any measure intended to block, limit, or control whether and how Agents access the Services.

SECTION 24 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL POUCHWORTH, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT. TO THE EXTENT ANY LIABILITY IS FOUND, IT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT AT ISSUE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN THOSE STATES OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.


SECTION 25 — INDEMNIFICATION

You agree to indemnify, defend, and hold harmless PouchWorth, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of: (1) your breach of these Terms or the documents they incorporate by reference; (2) your violation of any law or the rights of a third party; (3) your access to and use of the Services; (4) your use or misuse of the products; or (5) any injury, property damage, regulatory violation, or other claim arising from your use of our products or your sale of products packaged using our bags.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense but will not settle any claim requiring non-monetary obligations from you without your consent. You will cooperate in the defense of indemnified claims. This indemnity does not apply to claims caused solely by our gross negligence or willful misconduct.

SECTION 26 — FORCE MAJEURE

We will not be liable for any delay or failure to fulfill an order resulting from causes beyond our reasonable control, including acts of God, natural disasters, pandemic, war, government action, labor disputes, supply chain disruptions, carrier failures, changes in tariff rates, or other events outside our control (“Force Majeure Event”). We will notify you of any material delay and provide the option to cancel your order for a full refund if the delay exceeds 30 days.

SECTION 27 — UNCLAIMED AND UNPAID ORDERS

If payment is not received or product is not claimed within 150 days of the invoice date, PouchWorth may dispose of the product and continue to pursue collection of any unpaid amounts.

SECTION 28 — TERMINATION

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

The following sections will survive any termination: Intellectual Property, Feedback, Warranty Disclaimer, Limitation of Liability, Indemnification, Claims Period, Governing Law, Privacy Policy, and any provisions that by their nature should survive termination.

SECTION 29 — SEVERABILITY

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

SECTION 30 — WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

These Terms, together with our Privacy Policy and any policies or operating rules posted by us on this site, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written.

SECTION 31 — ASSIGNMENT

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

SECTION 32 — GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. You and PouchWorth consent to the exclusive venue and personal jurisdiction of the state and federal courts located in San Bernardino County, California for any disputes arising from or relating to these Terms or your purchase.

Before initiating any legal action, you agree to contact us at tech@pouchworth.com to attempt to resolve the dispute informally. Most concerns can be resolved quickly through direct communication.

SECTION 33 — CHANGES TO TERMS OF SERVICE

You can review the most current version of these Terms at any time at pouchworth.com/terms. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. We will notify you of any material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following posting of any changes constitutes acceptance of those changes.


SECTION 34 — HEADINGS

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


SECTION 35 — CONTACT INFORMATION

Questions about these Terms should be sent to:


Wicklow, Inc. DBA PouchWorth.com

984 N Amelia Ave., San Dimas, CA 91773

Email:  tech@pouchworth.com  |  General:  info@pouchworth.com

Phone:  949-336-1541

Website:  pouchworth.com


BY COMPLETING CHECKOUT ON POUCHWORTH.COM, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.