Terms & Conditions
Terms and Conditions
- Payment. Unless otherwise stated on the face hereof, all payments shall be due upon receipt of invoice. A $15.00 collection fee will be charged for all dishonored checks.
- Refunds. Refunds for purchases shall be issued when the merchandise has been returned, and received by Pro Ink Shop.
- Canceled Orders. Cancel orders will be subject to a 10% restocking fee at the discretion of Pro Ink Shop.
- Terms of warranty. Pro Ink Shop warrants to the original customer purchasing such products directly from Pro Ink Shop that all such products sold will be free from defects in materials and workmanship affecting form, fit and function. Any claim alleging that any product fails to conform to the foregoing warranty may be made only by the customer who purchased such product and only while such customer owns such product. Pro Ink Shop reserves the right to substitute functionally equivalent new or serviceable used parts. The Limited Warranty covers only defects arising under normal use and does not include malfunctions or failures resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature or improper installation or repairs made by anyone other than Pro Ink Shop.
PRO INK SHOP MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THAT PRO INK SHOP WARRANTS THAT SUCH PRODUCTS COMPLY WITH THE APPLICABLE PRODUCT DATA SHEET EFFECTIVE AT THE TIME OF SHIPMENT. Any claim with respect to such products must be made 100 days from the original date of shipment by Pro Ink Shop and Pro Ink Shop shall have no liability thereafter. All WARRANTIES cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, usage not in accordance with product instructions, acts of nature or improper installation or repairs made by anyone other than Pro Ink Shop or a Pro Ink Shop-authorized third-party service provider. Pro Ink Shop will repair, replace, or provide a credit or refund of the original purchase price, for any product covered by the foregoing warranty that is determined by Pro Ink Shop to be defective. Pro Ink Shop reserves the right to substitute functionally equivalent new or serviceable used parts.
- Limitations. PRO INK SHOP MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND PRO INK SHOP DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CONFORMITY TO MODELS OR SAMPLES, OR ANY WARRANTIES OR INDEMNITIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL PRO INK SHOP BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ALL DISPUTES ARISING OUT OF OR RELATED TO THE LIMITED WARRANTIES SET FORTH HEREIN (CUSTOMER DISPUTES) SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA. CLAIMS AGAINST PRO INK SHOP FOR SHORTAGES SHALL BE DEEMED WAIVED IF NOT MADE WITHIN THREE (3) BUSINESS DAYS AFTER RECEIPT OF THE SHIPMENT.
- Return procedures. If product(s) from Pro Ink Shop need to be returned for whatever reason, then customer shall return the product(s) to Pro Ink Shop pursuant to the following terms: Customer must obtain a Return Merchandize Authorization number, must obtain, and complete &include a Merchandise Return Form with the returned merchandise. Returned products should be shipped to the following address:
Pro Ink Shop Returns -- RMA#______
20639 Lycoming St. #B8,
Walnut, CA 91789
Customer shall return the products to Pro Ink Shop in the original shipping clips and boxes, along with a completed Merchandise Return Form. If no form can be printed, please include a letter including the specific problem, Return Merchandise Authorization number, and if requesting a refund or replacement. Also please include your first and last name, address, phone number, and email address. This will help us expedite the solution to your problem.
- Before a refund or replacement(s) can be issued, products in question must be returned to Pro Ink Shop.
- Items must be returned within 90 days of when order was received by customer.
- If no RMA # is included, no refund or replacement will be issued.
- Cartridges more than 30% used will not be eligible for a refund or re-shipment.
- Customer is responsible for return shipping charges for items returned to us.
- If you do not state whether you desire a refund or a replacement, a replacement will be issued.
Pro Ink Shop will not be responsible for damaged parts if customer does not follow this process. Please retain shipping information including tracking numbers, until your account has been credited by Pro Ink Shop or replacement product is received. Pro Ink Shop cannot be held liable for any lost packages that are not given any type of tracking number or documentation. If Pro Ink Shop determines that failure of the product(s) was not a result of a defect in materials or workmanship, Pro Ink Shop reserves the right to charge the customer for parts and labor at Pro Ink Shop' current labor rate, or charge customer a 20% restocking fee. Pro Ink Shop will advise customer prior to assessing these charges.
- Undelivered Products. A 25 business day waiting period is required before any product shall be present at the discretion of Pro Ink Shop, per customer request. If a customer order is shorted any items, customer shall contact Pro Ink Shop within a period of 4 business days from the date of package receipt to notify of shortage. Failure to do so within this time period, and Pro Ink Shop shall have no liability thereafter.
- Assignment. Customer may not assign his/her rights or obligations hereunder without the express prior written consent of Pro Ink Shop.
- Entire agreement. These terms and conditions, including those on the face hereof, constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of customer's documents or purchase orders. This agreement shall be binding upon the heirs, successors and assigns of the parties hereto. If any provision of this agreement shall be held to be invalid or unenforceable, the remainder of this agreement shall remain in full force and effect.
- Governing law, jurisdiction and costs. This agreement is governed by the laws of the State of California, without regard to its conflict or choice of law provisions. Customer acknowledges and agrees that California is an appropriate place for venue of any litigation and that California courts have jurisdiction over this agreement and customer. In the event the customer and ProInkShop.com are unable to resolve any customer dispute, and any collection action, suit or other judicial proceeding is commenced, the prevailing party in any such collection action, suit or judicial proceeding shall be entitled to recover its costs and reasonable attorney’s fees incurred.
- Indemnity. By using the Site web sites you agree to indemnify Company and the Company Umbrella and hold them harmless from any and all claims and expenses, including (without limitation) attorney's fees, arising from your use of the Site web sites, your use of the Products and Services, or your submission of ideas and/or related materials to Company or from any person's use of any ID, membership or password you maintain with any portion of the Site, regardless of whether such use is authorized by you.
- Electronic Communications. When you visit ProInkShop.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- Copyright. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, data compilations, and software, is the property of ProInkShop or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of ProInkShop and protected by U.S. and international copyright laws. All software used on this site is the property of ProInkShop or its software suppliers and protected by United States and international copyright laws.
- Trademarks. ProInkShop, Inkjet Superstore, ProInkShop.com, ekuten Inc. and other ProInkShop.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of ProInkShop in the U.S. and/or other countries. ProInkShop's trademarks and trade dress may not be used in connection with any product or service that is not ProInkShop's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits ProInkShop. All other trademarks not owned by ProInkShop that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ProInkShop.
- License and site access. ProInkShop grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ProInkShop. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ProInkShop. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ProInkShop without express written consent. You may not use any Meta tags or any other "hidden text" utilizing ProInkShop's name or trademarks without the express written consent of ProInkShop. Any unauthorized use terminates the permission or license granted by ProInkShop. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ProInkShop.com so long as the link does not portray ProInkShop, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ProInkShop logo or other proprietary graphic or trademark as part of the link without express written permission.
- Your account. If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ProInkShop does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use ProInkShop.com only with involvement of a parent or guardian. ProInkShop reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
- Risk of loss. All items purchased from ProInkShop are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- Product descriptions. ProInkShop attempts to be as accurate as possible. However, ProInkShop does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ProInkShop itself is not as described, your sole remedy is to return it in unused condition.
- Pricing. Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. With respect to items sold by ProInkShop, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
- Reviews, comments, communications and other content. Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ProInkShop reserves the right (but not the obligation) to remove or edit such content.
If you do post content or submit material, and unless we indicate otherwise, you grant ProInkShop a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant ProInkShop and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Amazon for all claims resulting from content you supply. ProInkShop has the right but not the obligation to monitor and edit or remove any activity or content. ProInkShop takes no responsibility and assumes no liability for any content posted by you or any third party.
- Disclaimer of warranties and limitation of liability. This site and all information, content, materials, products (including software) and services included on or otherwise made available to you through this site are provided by ProInkShop on an "as is" and "as available" basis, unless otherwise specified in writing. ProInkShop makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products (including software) or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.
To the fully extent permissible by applicable law, ProInkShop disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. ProInkShop does not warrant that this site; information, content, materials, products (including software) or services included on or otherwise made available to you through this site; their servers; or e-mail sent from ProInkShop are free of viruses or other harmful components. ProInkShop will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products (including software) or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
- Applicable law. By visiting ProInkShop.com, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ProInkShop.