Terms and Conditions

Acceptance of Terms of Use

Please read these Terms of Use. These Terms of Use govern your access and use of this Site. By accessing or using this Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use.Company reserves the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

 

Copyrighted Materials for Limited Use

This Site may contain graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as "Content"). This Site and all Content are the copyrighted property of Company and/or its subsidiaries (referred to herein as "Company") or the copyrighted property of parties from whom Company has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Company reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or Company remain the property of Company and its licensors.The logo design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. Company reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual logo design elements through your creation of a logo design and/or your incorporation of a logo design into one or more products. Other Company customers may use the design tools to create logos that have similar or identical combinations of these elements and Company does not guarantee that your logo will not have similarities to logos designed and used by other parties. Company provides no warranty of any kind that logo designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether whether any image, mark, logo name or design uploaded or used by you is legally available for your use and does not infringe on another party's rights.

 

Use of Site

You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Company (referred to herein as "Products"). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Company does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Company.You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person's right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Company may terminate its service to customers found to be using Company to engage in undesirable activities.You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Company to produce the Products on your behalf. You grant Company the right to copy, modify, create derivative works and vectorize any uploaded content (i.e., content you have uploaded) for the purpose of fulfilling your order. Moreover, you warrant that you have sufficient rights to permit Company to copy, modify, create derivative works and vectorize any uploaded content for the purpose of fulfilling your order.

You may not use this Site to send or use e-cards in any manner that would constitute the transmission of Spam or unsolicited e-mails. You may not use scripting or other programs to automate the creation and/or transmission of e-cards. Company reserves the right, in its sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send an e-card and/or limit the number of e-cards that you may send. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

 

Transfer of Title

The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

 

Indemnification

You agree that you shall indemnify and defend Company and all parties from whom Company has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.

 

Disclaimer of Warranty

THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Please note that we cannot be responsible for: Spelling, punctuation or grammatical errors made by the customer, inferior quality or low-resolution of uploaded images, design errors introduced by the customer in the document creation process, errors in user-selected options such as choice of finish, quantity or product type, and damage to the products arising after delivery to the customer. Please preview your designs carefully and correct any mistakes prior to placing your order. Company does not proof documents created by its customers prior to processing.

 

Limitation of Liability

IN NO EVENT SHALL Company OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT Company HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM Company OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL Company BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.

 

Site Feedback

Any comments, suggestions, proposals or other feedback (collectively "Feedback Information") provided to Company in connection with the operation or content of this Site shall be provided by the submitter and received by Company on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Company. By submitting any such information to Company, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Company shall be free to use such information on an unrestricted basis.

Defectives

Company must be contacted via e-mail or by phone at within 30 days of receiving your order with any defective issues. Company may require photos, tests or other proof to troubleshoot the issue that you may be having and will provide troubleshooting support.

Any approved returns/refunds will require a Return Merchandise Authorization (RMA) Label based on Manager Discretion. Orders that are returned without prior authorization will not be eligible for compensation. All authorized RMAs will go through a Quality Control check prior to the compensation being issued. All custom made items and edible ink printers are not returnable, but are covered by a 1 year warranty to be free from defects in workmanship and materials, any issues that may arise will be addressed per warranty.

Limited Warranty on Printers and Equipment

Sales on equipment are final and no returns or refunds are permitted. Equipment sales are often built to order. Any order cancellation requests by the customer prior to the shipping out of your items are at the discretion of Company - should a cancellation request be approved after the build of your order has commenced, the order will be subject to a 10% restocking fee. For orders placed that are approved for partial payment options (deposit payment only orders), the balance of payment will be due and payable when your order is ready to ship. We will reach out to you when your order is ready to ship and provide you with a 7 day window within which you need to make the balance of payment. The balance of payment will be required via cashiers check or ACH / Wire Transfer. If you are unable to complete the purchase of your order or you need to cancel your order for any reason, your order will be subject to the 10% restocking fee (10% of the order total).All issues must be remedied per warranty. Any printer, machine or equipment such as Edible Ink Printers, CakePro Direct to Food Printers, etc. (“unit”) is warranted to be free from defects in workmanship and materials (warranty does not include printing head, ink cartridges or capping station which are subject to wear and tear and/or consumable over time).
The warranty is valid with Company for a period of one year from date of purchase for parts and labor provided that the unit is properly maintained and operated under normal use. This warranty does not authorize any on-site repair and is considered to be a “depot” warranty which may require that the unit or defective part must be returned freight prepaid to Company for repair.
Replacement parts such as print heads are available from either Company and/or other designated suppliers.
Should a return for repair be necessary, Company will provide assistance locating an approved shipping company. The unit must be insured for the full retail value. If the unit is shipped by a non-approved company or is not in original packaging when it arrives, Company reserves the right to refuse the shipment. These steps eliminate potential for damage in shipping.
Although every effort has been made to provide accurate specifications, Company does not assume any liability for damages, whether consequential or incidental, that may result from the use or misuse of this product or from damage caused by unit modifications made by the user.
Company reserves the right to alter specifications in the manufacture of its products.
It is understood and agreed that InkEdible’s liability in contract, in tort, under any warranty, in negligence, in strict liability or otherwise shall not exceed the return of the amount of the purchased price paid by Buyer. Not withstanding the foregoing provision, under no circumstances shall Company be liable for special, indirect or consequential damages (including loss of profit).
The price stated for the equipment is a consideration in limiting Company’s liability. Our warranty as specified is exclusive and no other warranty, whether written or oral, is expressed or implied. Company specifically disclaims the implied warranties of merchantability and fitness for a particular purpose.
This warranty initiates from date of shipment to original customer. It is non-transferable.
This warranty does not extend to the print head or wear and tear / consumable parts. This warranty does not cover a unit that has been subject to misuse, neglect, negligence, accident, or unit that has been operated in any way contrary to the manual and operating procedures specified by Company.

This warranty does not apply to damage resulting from improper maintenance, lack of proof of maintenance as outlined by Company, improper shipping, damage caused by disasters, such as fire, flood, and lightning, improper electrical current, software problems, interaction with non-Company products, or service other than by Company.

Written authorization must be obtained from Company before any unit or part will be accepted back for repairs.
Replacement parts are sent out via standard freight carriers such as UPS / FEDEX / USPS. Parts sent out prior to receiving a defective Unit or part from the customer will be sent C.O.D., cost plus freight. Upon return of defective part, if it is deemed that the part was not damaged by customer but failed, the cost of the replacement part will be refunded.

When virtual onboarding / training is offered or provided as part of a purchase, customers should participate in this training (typically 45 - 90 minutes) prior to operating their machine for the first time. Customers not participating in training will void any warranties. The training session may be recorded for troubleshooting / training purposes. Such training is focused on customer success, on ensuring that the customers printer is fully operational and that the customer understands how to operate and maintain it.

Custom Made Items / Custom Printed Items

Custom Printed orders such as custom printed cookies, frosting sheets etc. are also non-returnable for any reason and cannot be cancelled once in production. Company is not responsible for user submitted content (whether for intellectual property issues, spelling, grammar, quality resolution, or any other errors or ommissions). It is the customer's responsibility to ensure that all materials submitted for printing or custom orders are provided correctly. Custom prints will be produced with edible ink industry standards for pleasing color. We offer no guarantee of "match-print" color fidelity and cannot prevent slight color shift throughout an order. Company does not guarantee color will match the preview as it appears on a customer's monitor or photos, because device colors vary, and also because the items being customized are edible food items - not regular substrates such as paper. Company products are by design FDA compliant (both the edible ink and the edible substrates, whether frosting sheets, wafer sheets, cookies or other), and as such the print colors / bleed cannot be expected to provide the same effect as regular ink or regular paper. If you would like to sample the print quality, place a small order as a trial order. Photo proofs may be able to be provided on larger orders on request, and physical sample proofs are also possible on request for a fee. Print colors/quality depend on the image that the customer provides (resolution, colors, shading etc) but also on the selected custom print substrate as well. Orders can not be deemed defective just because you are unhappy with the print colors or quality.

THE WARRANTY AND REMEDY PROVIDED ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SOME LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED TO THE WARRANTY PERIOD IDENTIFIED ABOVE. UNLESS STATED HEREIN, ANY STATEMENT OR REPRESENTATIONS MADE BY ANY OTHER PERSON OR FIRM ARE VOID. IN THE EVENT THE REMEDIES ABOVE FAIL, COMPANY’S ENTIRE LIABILITY SHALL BE LIMITED TO A REFUND OF THE PRICE PAID FOR THE PRODUCT COVERED BY THIS LIMITED WARRANTY. EXCEPT AS PROVIDED IN THIS WRITTEN WARRANTY, NEITHER COMPANY NOR ITS AGENTS SHALL BE LIABLE FOR ANY LOSS, INCONVENIENCE, OR DAMAGE, INCLUDING DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE THIS PRODUCT, WHETHER RESULTING FROM BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY.

Governing Law

Company is organized under the laws of California, USA with its headquarters in California. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in California, USA.