Hardware Return Policy and Limited Warranty

Last Updated: May 1, 2017

This Hardware Return Policy and Limited Warranty applies to your purchase or lease of Cake hardware (“Cake Hardware”) and third party hardware and accessories (“Third Party Hardware,” and collectively with Cake Hardware, “POS Hardware”) from Cake. This hardware policy and warranty is incorporated by reference into the Agreement between Cake and Operator that includes the Operator POS Terms and Conditions (the “Operator Terms”) and other terms specified in the Operator Terms as constituting part of the Agreement. Any capitalized terms not defined herein have the meaning specified in the Operator Terms.

1. Return Requirements.

If Operator wishes to cancel a purchase and return UNUSED Purchased Hardware after delivery, Operator may be eligible for a refund in an amount to equal the Purchased Hardware portion of the purchase price (i.e., not set-up or shipping and handling fees) paid by Operator minus a restocking fee equal to 30% of the purchase price. To be eligible for a refund, Operator must: (a) initiate the return within 10 days of delivery of the Purchased Hardware and (b) ship the Purchased Hardware back with all original manuals, cables, materials, and packaging to the return shipping address provided by Cake and in original new condition (in original packaging with no visible damage or use).

No returns are accepted over 10 days after delivery. No refunds are provided in connection with Leased Hardware. POS Hardware set-up services (e.g., configuration) and any shipping and handling fees are non-refundable. Cake or its business partners will have the sole discretion to determine if the Purchased Hardware is “UNUSED.” Only products purchased directly from Cake can be returned to Cake. Products purchased through an authorized retail partner must be returned in accordance with their respective return policies. If we suspect Operator is abusing the return policy (for example by returning products on multiple occasions or on a seasonal basis),

Cake reserves the right to refuse the return.

iPads and other Apple product returns must be unopened. We do not accept returns of iPads or other Apple products where any part of the original packaging has been opened, broken, or altered.

Except for a Cake or vendor error, Operator is responsible for shipping charges associated with Purchased Hardware being shipped for return, exchange, or replacement. Returns must be made via an authorized shipping carrier that allows the package to be tracked. Operator is responsible for any loss or damage to Purchased Hardware during shipping of a returned unit to Cake.

2. Limited Warranty.

(a)        Period and Warranty. Cake warrants POS Hardware other than Apple products against substantial defects in materials and workmanship for a period of one year (measured from the date of original purchase for Purchased Hardware or, for Leased Hardware, measured from the date the Leased Hardware was first delivered to Operator) or the longer period as expressly agreed in the applicable Order (the “Warranty Period”). This limited warranty (the “Hardware Warranty”) extends only to Operator as original purchaser or lessor of the POS Hardware from Cake (except in the case of a Permitted Assignment (as defined in the Operator Terms)) and only for POS Hardware used connection with a Cake Service. From time to time, Cake may offer extensions on the Hardware Warranty beyond the original Warranty Period in consideration for an additional payment as specified in the applicable Order. Extensions do not affect the Hardware Warranty except with respect to the length of the Warranty Period.

(b)        Third Party Hardware. The Hardware Warranty does not apply to any Apple products, or any third party consumable parts, including batteries, or any software, even if resold or included with the POS Hardware. All Apple products resold or included by Cake is provided solely according to the warranty and other terms specified by the manufacturer, who is solely responsible for service and support for its products. For service, support, or warranty assistance of Apple products, you should contact the manufacturer directly. For example, when Apple products fail to function under normal use contact Apple support for repairs and replacements under their original manufacturers’ warranty. CAKE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH APPLE PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

(c)        Exclusions. The Hardware Warranty will not apply to: (a) cosmetic damage, including scratches and dents, (b) defects caused by normal wear and tear or otherwise normal aging, (c) theft, loss, or acts of God, (d) damage caused by abuse, misuse, neglect, negligence, accident, improper testing, installation, storage, or handling, abnormal physical stress, abnormal environmental conditions, or use contrary to any instructions issued by Cake or the applicable documentation, (e) POS Hardware that has been repaired, upgraded or altered by Persons other than Cake or installed, operated, repaired, or maintained other than in accordance with any associated documentation provided by Cake, or (f) POS Hardware that has failed as a result of its being used with third party hardware, software, or other systems that have not been previously approved in writing by Cake. No repair or replacement will be provided under the Hardware Warranty without proof of purchase. Notwithstanding this limited warranty, it may be necessary for Operator to upgrade POS Hardware or purchase new hardware from time to time at Operator’s sole expense. This warranty does not guarantee uninterrupted use of any POS Hardware device. Neither Cake nor any of its affiliates or agents shall be liable for direct or indirect damages you may experience in connection with repairs or replacement of POS Hardware, including, but not limited to, loss of revenue or profits, downtime, damage to or replacement of equipment and property, and loss of data.

(d)        Warranty Claims and RMA Policy. If you believe your POS Hardware has a defect, please contact support@trycake.com. During the Warranty Period, subject to the Operator Terms, Cake will, in its sole discretion, and as Cake’s sole obligation and Operator’s sole remedy for breach of the Hardware Warranty, either repair the device or replace it with a new or refurbished model that is at least equivalent in functionality to the model being replaced. An equivalent product may be a previously used product which Cake has tested and verified to be free of defect. If a replacement has been authorized Cake will send the replacement device via regular ground service within three (3) business days and Operator must return each device for which a replacement was received (the “RMA Device”) within thirty (30) calendar days from receiving the replacement (the “RMA Period”). Return Material Authorizations are only valid for 30 days from the date of issuance. If a RMA Device is received by Cake (or its third party agent) after the expiration of the RMA Period, or does not receive it at all, Operator will be responsible for and agrees to pay the retail price of the replacement unit. Operator further authorizes Cake to charge Operator’s payment card or Bank Account in connection with such payment.

All RMA Devices must be shipped to Cake with proper packaging to the return shipping address provided by Cake. Returns must be made via an authorized shipping carrier that allows the package to be tracked. Operator is responsible for any loss of or damage to RMA Devices during shipping to Cake. All returns must be accompanied by a Return Material Authorization number issued by Cake’s Support team and any returns without the number are not valid and may be rejected and shipped back to the origin shipping address. Cake or its business partners will have the sole discretion to determine if, and to what extent, a RMA Device is defective. If an RMA Device is found to (a) not be materially defective after testing by Cake or its business partners or (b) damaged as a result of neglect, abuse or unauthorized tampering then the device does not come under this warranty and will not be considered for repair or replacement and Operator will be responsible for any applicable return shipping costs and/or the costs of any replacement unit(s) previously shipped to Operator.