Notice of Important Obligations, Rights, and Conditions
The terms of sale (the "Terms") apply to the sale and purchase of products from Quantum Tattoo Inc. through our website https://quantumtattooink.com/ (the "Website"). This document contains essential information about your obligations and rights and the conditions, exclusions, and limitations that might apply to you. When you order products from this website, that means you accept the terms of this terms of service. These terms will require arbitration on an individual basis to resolve disputes instead of jury trials or class actions. Please do not order products from us if you:
- Disagree with the terms laid out in this document
- If you are below 18 years old
- If you are prohibited by law from accessing this website or by using any of our products
The terms of service posted on the site are continually updated. We have the right to revise the terms anytime without prior written notice. Should you continuously purchase products from our site, it is deemed that you agree with the terms posted on our website.
2. Acceptance and Cancellation of Orders Under these terms
Your order is an offer to buy products listed in your order. We will accept all orders. However, we have the sole discretion to refuse any order. We will send you a confirmation email after we receive your order. This email contains the number and details of the items included in your order. An order process is not complete, and the formation of the contract of sale between you and Quantum Tattoo Inks will not take place unless you receive the order confirmation email, or in some cases, you provide any verification information we require. You can't cancel the order once you confirm it. However, we may cancel an order if we deem the order to be fraudulent.
3. Price and Payment Terms
- The price charged for your order is the price posted on the website the instance when you placed your order, and we will send it out in the confirmation email. We may change the prices posted on the website without notice. We may cancel your orders because of typographical errors on our part.
- The prices posted on our website don't include taxes or shipping and handling costs. Taxes, shipping, and handling costs are added to the cost of your order.
- Before we accept your order, we must first receive payment. You are obliged to (a) the credit card information you give us is true, complete, and accurate; (b) that you are qualified or authorized to use a credit card or credit card account for a purchase; '(c) that your credit card company, or your payment service provider, will honor the charges you incur; (d) you will pay all the charges incurred during the purchase including applicable taxes, shipping, and handling charges if applicable.
- Depending on where your order will be shipped, we will collect the applicable sales taxes. However, if you are a reseller, you need to provide a valid, current resale certificate, so we will not add the relevant state taxes.
4. Shipment and Handling including Title and Risk of Loss
- You must provide a physical address to receive products ordered from our website. We don't ship to PO Box, APO, or FPO addresses.
- We will arrange the product shipment. We will be giving you options for product shipment on our checkout page. We will add the cost of shipment and handling to your purchase total unless otherwise specified.
- We usually ship orders within two (2) business days if we have products in stock. We don't ship during weekends.
- Upon handing the products to the carrier or delivery company, the title and risk of loss are passed on to you.
- We share the estimated date of arrival once you complete your order. However, this might be subject to change because of events beyond our control, such as inclement weather, accidents, natural disasters, or terrorist attacks. We are not liable for such delays.
- You are responsible for paying all the duties and taxes unless specified at checkout.
5. Returns and Refunds
We guarantee that all our products leave our premises in good condition. If the product was damaged during shipping, please call 1-818-760-8351 within 48 hours of receiving your order. We do not have a return or refund policy.
6. Limited Warranty
- This limited warranty grants you specific rights, or you may have other rights, depending on your state.
- We warrant that all hardware components manufactured by us of any product you purchase from our website are free from all defects in materials and workmanship. The products you purchase through our site from a third party are subject to the warranty provided by the third party.
- This warranty does not cover tools, hardware, components, and equipment used by the customer involving our products.
- This warranty covers only products directly purchased from us through our website or authorized dealers. This warranty does not apply if our products were purchased from unauthorized dealers or if the products were purchased second-hand.
- We limit the remedies and duration of all stated warranties, including the warranties of fitness and merchantability for a particular purpose, to the limited warranty period. Note that some states don't allow limitations on the duration of an implied warranty.
- Our responsibility covered by this warranty is limited to replacement or refund as stated in this warranty statement. Please note that no oral statement from any of our employees or distributor can affect the duration of this limited warranty.
The "warranty period" covers one year from the date of delivery. The warranty period will not extend after the replacement or repair of the affected product.
To Whom the Limited Warranty Extends To:
These limited warranty terms apply only to the original purchaser of the product from the website or authorized dealers. This limited warranty is not applicable to products sold from unauthorized dealers or third-party sellers, who may sell the products from such sites as eBay or Amazon.
The Items Not Covered By This Limited Warranty:
This limited warranty does not cover damage to the product because of the following:
- not following the written instructions or by not following preventive maintenance procedures
- improper use of the product
- normal wear or tear
- unauthorized repair or
- causes such as theft, accidents, abuse, or other events or actions beyond our control.
The Remedies We Can Provide To Serve The Warranty:
We will, in our sole discretion, (a) replace the product with a comparable product free of charge; (b) or provide a full refund of the purchase price of the damaged product. We will cover the shipping expenses in the case of product replacement. How to Avail of Warranty Service Please call 1-818-760-8351 or
email us during the warranty period to be instructed on how to avail of the warranty service. We usually respond within five business days to share the detailed instructions on how to return or have the product replaced. We will require you to show us a proof of purchase from the website (an invoice or an order confirmation email).
Limitation of Liability
These limited liability remedies described are for your sole and exclusive use and our obligation and liability if the limited warranty is breached. Our limited liability will, under no circumstances, exceed the amount you paid for the defective product you purchased from our website now. We won't be liable for any incidental, special, consequential, or punitive damages, whether direct or indirect. However, some stated do not allow for the limitation of incidental or consequential damages.
Intellectual Property Rights
- You acknowledge that our suppliers and we own all the titles, rights, and interests, including the Intellectual Property Rights, of everything on this website, including the product sold and marketed here. To define "Intellectual Property Rights," this means that: (a) rights associated with the authorship of any work applicable throughout the universe, including but not limited to moral rights and copyrights; (b) trade name and trademark rights and/or similar rights; '(c) trade secrets; (d) designs, patents, and other industrial property rights.
- You do not own the rights of any product marketed or purchased through this website.
- You will not (a) remove any labels, proprietary notices, or marks on any products or components of the products; (b) republish, reproduce, or distribute all or any part of the products; (c) disassemble, reverse-engineer, decompile, or attempt to copy or reproduce any part of the products.
For Our Partners and Distributors
- If you are a partner, retailer, or distributor, you must provide a valid, current resale certificate to enable us not to charge you with applicable state taxes.
- You agree to comply with all the applicable laws of the United States or of any country you will import the products you purchase through this website.
- You understand that you should comply with any resale, importation, exportation, marketing, distribution, licensing, labeling, and registration laws applicable to the products that you purchase through this website.
- You agree to indemnify, hold harmless, and defend Quantum Tattoo Ink, its leaders, officers, employees, and agents from and against any liabilities, action, costs, claims, expenses, and damages that arise from or related to or connected to the misuse of the products; importation, storage, marketing, distribution, or sale of the products; your failure to comply with existing law, industry standard, or regulation regarding import, export, distribution, sale or marketing of the products.
- We will not be responsible or liable to you for delay or failure in our performance under these Terms when and if affected by Force Majeure.
- As a definition, Force Majeure consists of events, acts, or circumstances beyond our reasonable control. These include, without limitation, flood, Acts of God, earthquake, fire, governmental actions, invasion or hostilities, war, terrorist threats or acts, national emergency, epidemic or pandemic, riot or other civil unrests, revolution, insurrection, national emergencies, lockouts, strikes, or other labor disputes delays affecting carriers, power or telecommunications outage.
Governing Law and Jurisdiction Except for issues under federal law, everything related to these Terms are construed by, and governed California State Laws, United States of America, without giving effect to any conflict of law provision or rule (whether of the under California State Laws, or any other jurisdiction).
Binding Arbitration and Dispute Resolution
- You and we agree to waive any rights to legitimate claims before a jury or in court or participate in a representative action or class action with respect to a claim. You may have other rights that you would have when you present your case in court that may be unavailable or limited in arbitration.
- Any claim, controversy, or dispute (whether in tort, contract, or otherwise, whether pre-existing, future or present, and including consumer protection, statutory, common law, injunctive, intentional tort, and equitable claims) between you and us arising from, or related in any way, to your purchase of products through our website, will be resolved finally and exclusively by a binding arbitration except as provided by the provisions below.
- If you are an individual consumer, the AAA (American Arbitration Association) will administer the arbitration per the Consumer Arbitration Rules. If you are a distributor, or a partner, or retailer except as modified by this Section, the Commercial Arbitration Rules and Mediation Procedures will be effective. The Federal Arbitration Act will govern the interpretation and action of this Section. For more details on the AAA rules, you may visit
https://adr.org/Rules or call AAA at 1-800-778-7879.
- The arbitrator have the power and authority to grant whatever relief is available in court under law or in equity. The award of the arbitrator(s) is final and binding on each of the contending parties and may be entered as a judgement of any court of competent jurisdiction.
- The arbitrator may award reasonable fees to you as provided by fee-shifting standards provided by law.
- You may pursue your claims in a small-claims court rather than arbitration if your claim is within the jurisdiction or scope of a small-claims court.
- If you elect to pursue arbitration individually, you won't be entitled to or consolidate your claims with any other customers in court or participate in a class suit.
Suppose any of the provisions in this Terms is illegal, invalid, or unenforceable. In that case, that particular provision will be considered as severed from the rest of these Terms. It will not affect the validity of all the remaining provisions contained in these terms.
This document is the final and integrated agreement between you and us on everything contained in these terms. Please take note of the order confirmation, these Terms, our and Website Terms.