Last Updated: 21/12/2025
Effective Date: 21/12/2025
IMPORTANT NOTICE: This Policy governs the submission of all designs, logos, artwork, trademarks, and technical specifications (collectively, “User Content”) uploaded by you (the “Buyer”) to Yantai Bopai Packaging Products Co., Ltd. (the “Company”) via the website https://bovia.co. Manufacturing operations may be carried out by Yantai Yijie Cap Manufacturing Co., Ltd., an affiliated entity acting under the Company’s direction.
BY UPLOADING ANY USER CONTENT, YOU MAKE LEGALLY BINDING REPRESENTATIONS REGARDING INTELLECTUAL PROPERTY OWNERSHIP. IF YOU DO NOT OWN THE RIGHTS TO THE LOGO OR DESIGN YOU ARE UPLOADING, DO NOT PROCEED.
1. WARRANTIES AND REPRESENTATIONS
By submitting User Content to the Seller for the purpose of obtaining a quotation or manufacturing Goods, the Buyer represents and warrants, as a material inducement to the Seller, that:
1.1. Ownership. The Buyer is the sole legal owner of all Intellectual Property Rights (including trademarks, copyrights, patents, and trade dress) contained in the User Content; OR
1.2. Valid License. The Buyer holds a valid, written license from the intellectual property owner granting the Buyer the specific right to manufacture, reproduce, and distribute the User Content on packaging materials.
1.3. Non-Infringement. The manufacture of Goods according to the Buyer’s specifications will not infringe upon the rights of any third party, nor violate any anti-counterfeiting laws in the People’s Republic of China, the European Union, or the destination country.
1.4. Design Rights. Any cap design, shape, appearance, or configuration submitted by the Buyer does not infringe upon any registered design, design patent, industrial design, or trade dress rights held by any third party in any jurisdiction, including but not limited to the People’s Republic of China, the European Union, and the destination country.
1.5. Intended Use Declaration. The Buyer accurately represents the intended use of the Goods ordered. The Buyer acknowledges that closures are designed for specific product categories (e.g., olive oil, wine, spirits) and warrants that the Goods will be used solely for the product category specified at the time of ordering.
2. LIMITED LICENSE TO MANUFACTURE
2.1. Grant of License. The Buyer hereby grants the Company (and its manufacturing affiliate, Yantai Yijie Cap Manufacturing Co., Ltd.) a non-exclusive, royalty-free, non-transferable license to use, reproduce, and display the User Content solely for the purpose of:
(a) Generating price quotations;
(b) Manufacturing the Goods ordered by the Buyer; and
(c) Creating samples or prototypes for Buyer approval.
This license terminates automatically upon completion of the purposes listed above.
2.2. No Transfer of Rights. This license does NOT transfer ownership of the User Content to the Seller. The Buyer retains all rights, title, and interest in their intellectual property.
3. PROHIBITED CONTENT AND REGULATORY COMPLIANCE
3.1. Counterfeit Goods (Zero Tolerance Policy). The Company enforces a strict Zero Tolerance Policy for counterfeiting. The Buyer shall not upload or submit designs, logos, or branding that:
(a) Are identical to or confusingly similar to registered trademarks of third parties;
(b) Reproduce or imitate the branding of well-known alcohol, beverage, or food brands without explicit written authorization from the brand owner;
(c) Are intended to deceive consumers into believing the Goods originate from or are endorsed by a third-party brand; or
(d) Violate any anti-counterfeiting laws in any jurisdiction.
The Company reserves the right to report suspected counterfeiting activities to relevant authorities.
3.2. Deceptive Packaging and Product Misuse (The “Anti-Misuse” Clause). The Buyer warrants that the Goods will be used solely for their declared and intended purpose and will not be used to engage in deceptive, fraudulent, or unlawful trade practices. Specifically, the Buyer agrees NOT to:
(a) Use closures designed for one product category (e.g., olive oil closures) to package products in a different regulated category (e.g., wine or spirits);
(b) Evade or attempt to evade excise duties, VAT, alcohol taxes, or customs duties in any jurisdiction;
(c) Violate packaging regulations regarding non-refillable closures (NRF), tamper-evident seals, or consumer safety requirements;
(d) Mislead consumers, customs authorities, or regulatory bodies regarding the nature, origin, or contents of packaged products; or
(e) Use the Goods in any manner that would constitute fraud, smuggling, or regulatory evasion under the laws of the destination country.
3.3. Acknowledgment of Regulatory Risks. The Buyer acknowledges that the misuse of packaging closures may result in serious legal consequences, including criminal prosecution, seizure of goods, fines, and imprisonment under the laws of the European Union and its Member States. The Company shall bear no responsibility for any such consequences arising from the Buyer’s misuse of the Goods.
4. INDEMNIFICATION (STRICT LIABILITY)
THIS IS A MATERIAL TERM OF DOING BUSINESS WITH US.
4.1. Indemnity Obligation. The Buyer agrees to indemnify, defend, and hold harmless the Seller, its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, losses, and expenses (including but not limited to reasonable attorneys’ fees and court costs) arising out of or in connection with:
(a) Any claim that the User Content infringes the patent, design patent, registered design, trademark, copyright, trade dress, or other intellectual property rights of a third party;
(b) The production, sale, or distribution of Goods bearing the User Content; or
(c) The Buyer’s violation of Section 3 (Prohibited Content) of this Policy including costs of investigation, enforcement, and settlement.
4.2. Defense Control. In the event of a legal claim, the Buyer shall assume the defense of the Seller at the Buyer’s sole expense. The Seller reserves the right to employ separate counsel and participate in the defense. If the Buyer fails to assume the defense promptly, the Seller may defend the claim and recover all related costs from the Buyer.
4.3. Regulatory Indemnity. Without limiting the generality of Section 4.1, the Buyer specifically agrees to indemnify and hold harmless the Company from any fines, penalties, sanctions, seizures, legal fees, or other costs arising from:
(a) The Buyer’s violation of customs, excise, or tax laws in any jurisdiction;
(b) The Buyer’s misrepresentation of the intended use of the Goods;
(c) Regulatory enforcement actions taken against the Company due to the Buyer’s unlawful use of the Goods; or
(d) Any investigation by customs, tax, or law enforcement authorities relating to the Buyer’s use of the Goods.
5. RIGHT TO VERIFY AND REJECT
5.1. Verification. The Company reserves the right, at its sole discretion, to demand proof of intellectual property ownership or authorization before commencing production. Documentation that may be requested includes, but is not limited to:
(a) Trademark registration certificates;
(b) Design patent or registered design certificates;
(c) License agreements granting manufacturing rights;
(d) Written authorization letters from brand owners;
(e) Evidence of the Buyer’s corporate relationship to the brand (e.g., proof that the Buyer is a subsidiary or authorized distributor); or
(f) Declarations of intended product use.
The Buyer shall provide requested documentation within a reasonable timeframe. Failure to provide satisfactory documentation may result in rejection of the order.
5.2. Rejection Without Liability. The Company may, at its sole and absolute discretion, refuse to manufacture any Order that it reasonably believes:
(a) May infringe the intellectual property rights of any third party;
(b) May be intended for unlawful purposes, including tax evasion or regulatory circumvention;
(c) Contains false or misleading information regarding ownership or intended use;
(d) May expose the Company to legal, regulatory, or reputational risk; or
(e) Is otherwise objectionable.
Such rejection shall not give rise to any claim for damages, compensation, or liability against the Company. Any Deposit paid for a rejected Order shall be refunded, less any costs already incurred by the Company.
6. GOVERNING LAW AND JURISDICTION
6.1. Governing Law. This Policy and any disputes arising from the submission of User Content shall be governed by and construed in accordance with the laws of the People’s Republic of China.
6.2. Jurisdiction. The Buyer consents to the exclusive jurisdiction of the competent courts in Yantai, Shandong Province, China, for the final resolution of any disputes arising under this Policy.
6.3. Interim Relief. Notwithstanding Section 6.2, the Company may apply to any court of competent jurisdiction for interim, injunctive, or protective relief to prevent intellectual property infringement, counterfeiting, or regulatory violations, without waiving the exclusive jurisdiction clause.
7. RECORD KEEPING AND DATA RETENTION
7.1. The Company may retain submitted User Content, correspondence, and related documentation for compliance, legal defense, audit, and record-keeping purposes.
7.2. Retention of User Content is subject to the data retention periods specified in the Quote Page Privacy & Confidentiality Policy and the Website Privacy Policy.
7.3. The Buyer acknowledges that certain records may be retained beyond the completion of an order where required by law or for the protection of the Company’s legal interests.
8. RELATIONSHIP WITH OTHER DOCUMENTS
8.1. This Policy forms part of the contractual framework governing your use of the Site and any orders placed. It should be read in conjunction with:
(a) The B2B Master Terms and Conditions of Sale;
(b) The Website Privacy Policy; and
(c) The Quote Page Privacy & Confidentiality Policy.
8.2. In the event of any conflict between this Policy and the B2B Master Terms and Conditions of Sale, the Terms and Conditions shall prevail.
9. CONTACT INFORMATION
For questions regarding this Policy or to submit required documentation:
Yantai Bopai Packaging Products Co., Ltd.
Address:
Email:
Website: https://bovia.co
MANDATORY ACCEPTANCE TEXT FOR QUOTE FORM
[ ] I certify that:
(a) I own the intellectual property rights (including trademarks, copyrights, and design rights) to the files uploaded, or I have explicit written authorization from the rights holder to manufacture these designs;
(b) The designs do not infringe any third-party intellectual property rights, including design patents and registered designs;
(c) I have accurately declared the intended use of the products being ordered;
(d) I will not use the products for any unlawful purpose, including tax evasion, customs fraud, or regulatory circumvention;
(e) I have read, understood, and agree to the Legal Authorisation & Document Submission Policy; and
(f) I agree to indemnify Yantai Bopai Packaging Products Co., Ltd. against any claims, losses, or liabilities arising from my breach of these certifications.
I acknowledge that these representations are legally binding and that false certification may result in order rejection, legal action, and reporting to relevant authorities.