The following terms and conditions (hereinafter the “T&C”) are applicable to the sale-purchases of any Foodini product (hereinafter, the “Product”) between 3DFoodPrinting.us (hereinafter, “we” or “3DFoodPrinting.us”), and the purchaser of the Product (hereinafter, “you” or the “Purchaser”).
1.2. Please read these T&C carefully before ordering any Product from www.3DFoodPrinting.us (the “Site”) You should understand that by ordering any Product, you accept these T&C. If you refuse to accept these T&C, do not order any Product from the Site. You may print a copy of these T&C for future reference.
1.3. The sale of Products is directed and intended to final users of the Products and not to resellers. Therefore, resale of the Products by resellers shall not benefit in any manner by the provisions contained herein and 3DFoodPrinting.us shall not be bound in any manner to subsequent purchasers, except where required by law.
1.4. Purchases of the Products by parties who are not consumers shall not be afforded the benefit of certain rights included in these T&C. These benefits are only provided to consumers as a consequence of applicable law, as included in the relevant clauses herein below.
1.6. 3DFoodPrinting.us reserves the right to modify the T&C, making available to the Purchaser the updated T&C that are in force at any given time. Such modification shall apply only to orders made after the modification.
2. AVAILABILITY OF PRODUCT
2.1. We only accept orders within the United States. If you have an inquiry outside of the United States, please contact us at info@3Dfoodprinting.us to inquire. If you choose to send your order without prior arrangements with us from locations outside of the United States, you do so at your own risk. In any and all caeses, it is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from 3DFoodPrinting.us.
2.2. Details of the Products available for purchase are set out in the Site. All prices have been displayed inclusive of value added taxes at the prevailing rate. All features, content, specifications, products and prices of Products are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown. We make all reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors.
2.3. All orders for Products are subject to availability and, in the event of supply difficulties or because Products are no longer in stock, 3DFoodPrinting.us reserves the right, prior to the Shipping Confirmation (as defined below) to inform the Purchaser about the lack of availability and to cancel the order. In that case, 3DFoodPrinting.us will immediately refund any money paid by the Purchaser.
3. YOUR STATUS
By placing an order through the Site, you warrant that:
(a) you are legally capable of entering into binding contracts;
(b) you are at least 18 years old; and
(c) you are resident in and accessing our Site from the United States of America.
4.1. Your order is an offer to us to purchase the Products included in the order. You are deemed to have placed an order with us by ordering via the online checkout process in the Site. After placing an order, you will receive an e-mail from us acknowledging that we have received your order and containing the order reference number and details of the Product or Products you have ordered (hereinafter, the “Order Confirmation”) Please note that the Order Confirmation is an acknowledgement that we have received your order and does not mean that your order has been accepted by us. All orders are subject to our acceptance . We will only accept your order and form the contract of sale when we send you an e-mail confirming that the Product has been dispatched (the “Dispatch Confirmation”).
4.2. Although 3DFodPrinting.us will make its best efforts to always process all the orders, we may refuse any order (i) where a Product is no longer available; (ii) where we cannot get confirmation for your payment, or (iii) if there has been a pricing or Product description error. In such circumstances 3DFoodPrinting.us will contact you and may suggest alternative Products that you may wish to purchase (at the same or different price) or any other solution. In the event of a pricing error, 3DFoodPrinting.us will proceed according to what is established in Clause 6. Likewise, there may be exceptional circumstances, including technical, financial or commercial reasons or constraints, which mean that 3DFoodPrinting.us may need to refuse to process an order after 3DFoodPrinting.us has sent to Purchaser a Dispatch Confirmation, which we reserve the right to do at any time.
4.3. In any case, if 3DFoodPrinting.us does not accept or refuses the order and funds have already paid by the Purchaser, these will be fully refunded with no delay. This shall be the sole and exclusive remedy available for the Purchaser in case of cancelation of an order.
5.1. 3DFoodPrinting.us shall deliver the Product or Products to the delivery address stated in the order and will not deliver the Product or Products unless there is someone present in such address to accept and sign for the delivery. For the purposes of these T&C, the delivery shall be deemed to have taken place at the time possession of the Product passes to the Purchaser or his/her designees at said address (hereinafter, the “Delivery”).
5.2. Subject to the provisions of Clauses 3 and 4 above on availability and unless unforeseen or exceptional circumstances, 3DFoodPrinting.us will endeavor to fulfill the order for Products listed in the Dispatch Confirmation by the delivery date set out in the Dispatch Confirmation, or in any other communication from 3DFoodPrinting.us or the delivery company (the “Delivery Date”). Delivery dates are estimated and may be subject to change as a result of manufacturing delays. Any delay in the Delivery will be communicated to you in advance. In any case, you will have the option to continue with the purchase with a new Delivery Date or alternatively cancel the order in which case we will reimburse you with the full amount paid.
3DFoodPrinting.us may make partial shipments of orders, to be separately invoiced and paid for when due. Any delay in the Delivery or any instalment will not relieve Purchaser of its obligation to accept the remaining Deliveries.
5.3. You or your designees shall receive the Products upon Delivery and sign the corresponding delivery document from the carrier. You shall at the time of Delivery inspect the packages and make any pertinent complaint to the carrier in case of missing or visible damage of the package.
6. PRICE AND PAYMENT
6.1. The price of each Product shall be the one quoted from time to time by 3DFoodPrinting.us. Except if otherwise provided for in the ordering process, the price of the purchase is inclusive of value added taxes, expenses and costs relating to the packaging, transport using a 3DFoodPrinting.us-selected carrier, and insurance of the Products until the Delivery.
6.2. Notwithstanding the above, purchases by Purchasers located outside of the United States shall be subject to different taxations, export costs, custom charges and other similar duties imposed on the Products or their packaging by central or local authorities or other institutions, depending on the delivery of the Product and the relevant regulation and jurisdiction. For this reason, final price of the Product shall be subject to additional costs that may not be quantifiable during the purchase process. You, as importer of the Products, accept and understand that 3DFoodPrinting.us and/or its logistics provider may inform you after the purchase of those additional costs that you accept to pay for the delivery of the Product, including transport, taxes and customs. In those cases, delivery of the Product shall be suspended until full payment of the price, including the above referred additional costs. In addition, in the above cases, the Purchaser is the sole responsible for the fulfillment of any additional requirements stated by the relevant custom authorities and for the effects of the non-fulfillment of any such requirement in respect of the delivery of the Product.
6.3. Whilst 3DFoodPrinting.us takes care to ensure that all prices quoted are accurate, errors may occur. If 3DFoodPrinting.us discovers an error in the price of any Product the Purchaser has ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the Product, you will receive a full refund. 3DFoodPrinting.us is under no obligation to sell the Product at the incorrect (lower) price (even after we have sent to the Purchaser a Dispatch Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognized by the Purchaser as such.
6.4. The Purchaser would be only allowed to pay the price, as specifically stated during the ordering process. Purchaser shall provide the details required by 3DFoodPrinting.us to identify the payment. In the event legal action is necessary to collect on balances due, you agree to reimburse 3DFoodPrinting.us and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. The purchase is subject to validation checks and authorizations. In such case, if 3DFoodPrinting.us does not receive the required authorization, we will not be liable for any delay or non-delivery and we will not be able to form any contract with the Purchaser.
6.5. By submitting the order and accepting these T&C, the Purchaser agrees to receive invoices electronically from their Purchases. The electronic invoices will be provided in PDF format to the e-mail to the Purchaser. The Purchaser may decide at any time to cancel envoy of the invoice by electronic means by submitting an email to info@3Dfoodprinting.us.
7. RISK AND TITLE
7.1. The Product will be at the Purchaser risk from the time of Delivery.
7.2. Ownership of the Products will only pass to the Purchaser when we receive full payment of all sums due in respect of the Product, including delivery charges. Therefore, we reserve title over the Product until the time full and irrevocable payment is received.
8. RIGHT TO WITHDRAW, CANCEL OR RETURN
8.1 If the Purchaser is contracting as a consumer, statutory Consumer Protection Regulations applicable to the sale-purchase shall regulate the Purchaser’s right to withdraw from the purchase.
8.2 In case EU Consumer Directives or any other EU member state national consumer regulations applies to the sale-purchase, the Purchaser has up to fourteen (14) days after Delivery has taken place to cancel the order. In such cases:
(i) The Purchaser shall unequivocally notify its decision to 3DFoodPrinting.us by email to firstname.lastname@example.org, for which purposes the Purchaser can use the model withdrawal form included as Appendix 1 to this T&C.
(ii) Once the Purchaser has sent its notification on the withdrawal, we will send with no delay to Purchaser an acknowledgment to confirm receipt.
(iii) The notification on the withdrawal shall be deemed processed in due time if sent before fourteen (14) days.
(iv) In case of withdrawal, the Purchaser will be refunded all payments paid for such Products (including delivery charges – but except for those additional charges resulting from the Purchaser’s choice for a different method of delivery more expensive than our cheapest ordinary method) with no delay and in any case no later than fourteen (14) days after we have been informed about the decision of the Purchaser to withdraw from the purchase. Reimbursement shall be done with no cost to the Purchaser. Notwithstanding the above, we shall be entitled to retain the refunded payments until we receive the returned Products or the Purchaser shows proof of return of the Products.
(v) Except otherwise agreed between the Parties, we shall instruct its logistics services provider to pick up the Products at the same address where the Delivery took place, notifying the Purchaser in advance about the time of pick up. The Purchaser will be responsible for returning and delivering the Products with no delay.
(vi) The Purchaser will be responsible for the direct costs of returning the Products.
(vii) The Purchaser shall be liable for any partial loss of the value of the Product when resulting from an operation different from the one which would be necessary to figure out the nature, characteristics and functioning of the Product.
(viii) The following returns will not be accepted (without limiting any other cases as allowed under applicable regulations):
(a) any cartridges which have been used;
(b) any parts or components of the Product that could have been contaminated while using the Product and cannot be reused or repackaged due to hygiene and sanitary reasons;
(c) Products that have been customized specifically for the Purchaser; or
(d) when any of the services associated to the Product have already been provided.
(ix) Products shall be returned with all their accessories, pieces, documentation and packaging.
8.3. Except where and to the limits not permitted by mandatory law, non-consumer Purchasers shall not benefit from the right of withdrawal contained herein and any purchase of Products are non-returnable and non-refundable.
9. WARRANTY OR GUARANTEE OF THE PRODUCT AND AFTER SALES SERVICES
(a) The warranty or guarantee of the Product and its performance are those provided under the statutory laws applicable to the sale-purchase and depend on each country and jurisdiction.
(b) In case EU Consumer Directives or any other EU member state national consumer regulations applies to the sale-purchase, 3DFoodPrinting.us reminds the Purchaser that the Products are guaranteed to be in conformity with the terms of the contract for the period of two (2) years required by mandatory law from the date they are delivered to the Purchaser, all in accordance with the relevant mandatory legislation.
(c) Notwithstanding the above, the Product´s Warranty Cards may establish additional terms and conditions regarding guarantee of the Product on top of the applicable statutory regulation.
(d) Except where and to the limits not permitted by mandatory law or when otherwise provided in the Product’s Warranty Card, non-consumer Purchasers shall only benefit from the guarantee provisions included in the relevant Product´s Warranty Cards.
9.2. After sales services conditions: Unless otherwise stated in the Product’s Warranty Card, we offer after sales services to cover those cases where Product does not conform to the Contract. The Purchaser should contact us (1) through the process available on the Site, or (2) by email at email@example.com, with details of the Product and its error, damage or malfunctioning, where the Purchaser will receive instructions from us on how to proceed.
9.3. EXCEPT FOR THE WARRANTIES AND GUARANTEES MADE ABOVE AND ANY STATUTORY WARRANTIES OR GUARANTEES PROVIDED BY APPLICABLE LAW, THE INFORMATION, PRODUCTS AND SERVICES PROVIDED BY 3DFOODPRINTING.US ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER 3DFOODPRINTING.US, NOR ANY OF ITS AFFILIATES, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES . THE INFORMATION, MATERIALS AND SERVICES PROVIDED BY 3DFOODPRINTING.US MAY BE OUT OF DATE, AND NEITHER 3DFOODPRINTING.US MAKES NO COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM 3DFOODPRINTING.US OR THROUGH THE PRODUCTS, CONTENT AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
10. INDEMNITY AND LIABILITY
10.1. Except where and to the maximum limits not permitted by mandatory law, 3DFoodPrinting.us shall not be liable for (i) loss of earnings, indirect, incidental or loss of goodwill, revenue or anticipated profits, business interruption, loss of use or opportunity, loss of profit or punitive, special or exemplary damages, including such damages incurred or claimed by third parties; even if such damages are foreseeable or 3DFoodPrinting.us has been advised or has constructive knowledge of the possibility of such damages, (ii) expenditures, investments or commitments made in for any reason or goodwill of the distributor, or cost of procurement of substitute products or services, or (iii) loss, use or corruption of data.
10.2. 3DFoodPrinting.us aggregate liability for any claim of any nature under this agreement or with regards to the Products, under any contract, negligence, strict liability or other legal or equitable theory, shall be limited to the aggregate of the amounts paid to 3DFoodPrinting.us following the sale-purchase of the Products.
11. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
11.1. The Purchaser acknowledges and accepts that 3DFoodPrinting.us has the exclusive rights to the Industrial and Intellectual Property rights on the Product.
11.2. These T&C do not amount to any grant of a license whatsoever to the Purchaser for the use of the copyrights, trademarks, logos, business names, domain names or any other intellectual or industrial property right owned by 3DFoodPrinting.us, including without limitation any text, graphics, photographs, moving images, sound or illustrations that may be present on the Site.
12.1. The fact that these T&C agreed by the parties may become void or invalid shall not affect the validity of the rest of the contractual relationship between the parties.
12.2. The parties shall replace in good faith, within acceptable limits, the invalid condition by another with the same technical and economic result as the original, without this giving rise to any substantial or material change in the rest of their contractual relationship.
13.1. These T&C are the entire agreement between you and 3DFoodPrinting.us and supersede any prior understandings or agreements (written or oral).
13.2. 3DFoodPrinting.us reserves the right to withdraw the Product at any time and/or remove or edit any materials or content on the Site. 3DFoodPrinting.us will not be liable to the Purchaser or any other third party by reason of our withdrawing the Product, whether it has been sold or not, removing or editing any materials or contents on the Site or for refusing to process or accept an order after 3DFoodPrinting.us has sent to Purchaser the Order Confirmation.
14. APPLICABLE LAW AND FORUM
14.1. These T&C shall be is governed by, and will be construed under, the laws of California, without regard to conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
14.2. Any issue or dispute that may arise in relation to the interpretation, performance and implementation of these T&C shall be expressly subject to the jurisdiction and competence of the courts of California, and the parties expressly waive the right to any other forum which they may have.
14.3. Some states or jurisdictions do not allow the election of laws and courts to end-consumes. If you are an end-consumer and your applicable regulations do not allow the election of laws and courts, the provisions in 14.1 and 14.2 shall not apply to your purchase of the Products.
Except where these T&C expressly provide otherwise, any notices and communications that the parties must deliver to each other shall be by e-mail with acknowledgement of receipt, or any other written form which makes it possible to show its receipt by the addressee, sent to the addresses that correspond to each party.
16. FORCE MAJEURE
Neither 3DFoodPrinting.us nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: force majeure, fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.