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Terms & Conditions

Returns Policy

The user agrees they are ultimately responsible for ordering the correct items, so order carefully and check the shipment upon receipt to make sure it is correct before opening any items. If you need help, please call 1-888-254-5445 (Ext. 1) or email sales@sweetart.com and we will be happy to assist you.

For defective merchandise to be replaced at no charge, a Return Merchandise Authorization number (RMA) must be obtained within 10 days of item receipt. The RMA must be shown on the return packaging for replacement. Call 1-888-254-5445 (Ext. 1) and an RMA will be emailed to you. At our option, we will request that you either dispose of the defective items, or we will issue you a prepaid Call Tag to allow us to pickup the items for return to Sweet Art for inspection. If we request a return and issue a prepaid Call Tag, the customer agrees to return the items within 10 days of receipt of the Call Tag. If items for which a Call Tag is issued are not available for pickup by our shipping carrier within this time frame, the RMA return will be rejected and the customer will be charged for any replacement merchandise that was shipped.

We regret that we cannot exchange non-defective food products (edible ink cartridges, icing sheets, etc.) that have been opened, damaged or with packaging soiled in any way. To return new unopened edible items for exchange, an RMA number must be obtained within 10 days of item receipt. The customer is responsible for return shipping costs, and the items to be exchanged must be shipped for return to Sweet Art within 10 days after the RMA issuance.

Customers are strongly encouraged to keep adequate supplies inventory on hand. In the event that an item proves to be defective, Sweet Art will replace it at our expense, but cannot assume further liability or the expense of express shipping services.

Shipping

Orders normally ship via FedEx within 24 hours of order placement. Whenever possible, online orders received by Noon Central Time (M-F) will ship the same day.

For Domestic (United States) orders, Standard FedEx shipping fees will be charged plus a packaging and handling fee of $3. Any order which totals $250 or more (not including shipping) will be eligible for FREE GROUND SHIPPING.

For International orders, the shipping rates are the amount quoted during the checkout process. Please be aware that International orders may incur additional charges including duties, taxes and brokerage fees due at delivery. Contact your shipping destination’s local customs office for information about any additional fees that may be charged. We cannot be responsible for import duties, taxes and brokerages fees that may be levied on your International order.

For very time-sensitive orders or special shipping requests, we recommend that you contact us by phone toll-free at 1-888-254-5445 (Ext. 1). For International callers, use 1-913-492-3701 (Ext. 1) (not toll-free).

Sweet Art cannot take responsibility for the performance of the shipping carrier. We will attempt to receive reimbursement for the customer if the carrier's delivery guarantee is not met, but can only reimburse the customer to the extent of the carrier's reimbursement, if any.

All packages shipped utilize tracking and delivery confirmation services. Once the shipping carrier has confirmed delivery of a shipment to the address location, Sweet Art cannot be responsible for compensation for lost or stolen product. All shipping concerns will then need to be addressed directly with the carrier for attempted reimbursement.

Payment Terms

Sweet Art accepts the following credit cards for payment: Visa, Mastercard, Discover and Amex.

Missouri residents will be charged 7.975% sales tax on merchandise and shipping unless a valid tax exemption certificate has been previously submitted and approved.

LEGAL NOTIFICATION

By visiting www.sweetart.com (“Website”) you agree to the following Terms & Conditions.

Please read these Terms & Conditions carefully before agreeing to be bound by the same. If you do not agree to be bound by the Terms & Conditions, do not access or use this Website.

This website is provided by Sweet Art Company LLC (“Sweet Art”). By using this Website or by placing any purchase orders using the Website, you agree to abide by the Terms & Conditions set forth herein. Only upon acceptance of the terms contained herein, you will be entitled to submit electronic orders. Any violation of the terms will result in termination of your account.

This website is not intended for persons under 18 years of age.

Account Terms

By registering with the Website you can access or view the prices, product inventories, and submit purchase orders electronically. You are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at anytime.

Acceptable Use

You shall not do any of the following or permit any other third parties to do any of the following:

(a)     Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;

(b)   Post or transmit any information or software that the sender is aware contains a virus, worm, or other harmful component;

(c)     Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;

(d)   Account sharing, including, without limitation, letting third parties use your account and password.

Modification of these Terms & Conditions:

Sweet Art reserves the right to change or modify any of the terms contained in these Terms & Conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of this Website will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Website.

Payment

You agree to pay the full price for all Products you purchase from the Website. We reserve the right to charge extra charges for your credit card or PayPal account for any products purchased from the Website. You are responsible for the timely payment of all fees and for providing us with a valid credit card or PayPal account details for payment of all fees.

Electronic Communications

When you visit the Website or send any emails to us, you will be communicating electronically with us. By such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on the Website, and all records including notices of cancellation, policies, contracts, and applications.

Copyright and Licenses

This Website and the entire contents contained on this Website, including but not limited to: text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of Sweet Art. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any contents contained on the Website without the prior expressed written consent of Sweet Art.

License

Sweet Art grants you a non-exclusive, non-transferable, limited license to access and make use of the contents or information available on the Website for your personal use and not to download or modify it, or any portion of it, except with the express written consent of Sweet Art. You may not reproduce, duplicate, adapt, copy, sell, resell, transmit or otherwise exploit for any commercial purpose this Website or any portion of this Website without the express written consent of Sweet Art. You agree not to interrupt or attempt to interrupt the operation of the Website in any way.

Sweet Art authorizes you to view and download the information and materials available on this Website only for your personal, non-commercial use. This authorization shall not constitute a transfer of title in and to the materials and is subject to the following restrictions: (a) you must retain, on all copies of the materials downloaded, all copyright and other proprietary notices contained in the materials; (b) you may not modify the materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (c) you must not transfer the materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions.

Disclaimer of Warranty/Limitation of Liability:

THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY SWEET ART ON AN “AS IS” AND “AS AVAILABLE” BASIS. SWEET ART MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SWEET ART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SWEET ART DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM SWEET ART ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SWEET ART WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

SWEET ART USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. SWEET ART ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, SWEET ART SHALL HAVE THE RIGHT TO REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY.

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 MAY HAVE ADDITIONAL RIGHTS.

Third Party Links

For your convenience Sweet Art may provide links to third party websites operated by other entities on the Website. If you use such third party sites, you will leave this Website. If you decide to visit any linked third party website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Sweet Art does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third party links do not imply that Sweet Art sponsors, endorses, is affiliated or associated with any linked third party websites.

Applicable Law

By visiting the Website, you agree that the laws of the state of Kansas, without regard to principals of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and Sweet Art.

Disputes

Any dispute relating in any way to your visit or access of the Website or to the products you purchase through the Website shall be submitted to binding arbitration in Johnson County, Kansas. Arbitration under these Terms & Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.

Indemnification

You agree to indemnify, defend and hold harmless Sweet Art, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the Website from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Terms & Conditions (including negligent or wrongful conduct) by you or your use and access of the Website.

Other Provisions

Sweet Art's failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.

Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms & Conditions.

Sweet Art may assign its rights and duties under these Terms & Conditions to any party at any time without notice to you.