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Last Revised: Feb 15, 2016
The Site is intended for use by business customers of Shop Mac & PC and may not be available at all times or in all areas. We may permit you to register for services, and/or deny service to you, at any time and in our sole discretion, including without limitation, in the event you do not adhere to the Rules of Conduct set forth below. To the fullest extent permissible under applicable law, We reserve the right to, at any time: (a) modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice; (b) charge fees for the use of the Site; and/or (c) modify or waive any fees charged in connection with the Site. To the fullest extent permissible under applicable law, You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or of any Content or Service (as defined below). Your continued use of the Site after any such changes will indicate your acceptance of such changes.
Prices and Availability. Because of the fast-moving nature of the IT supply industry, prices and availability are subject to change without notice. We are unable to issue price adjustments due to manufacturer price changes after date of original sale. We do our best to provide the most accurate, up-to-date information, but errors do occur and we reserve the right to make changes without notice and to cancel any order we are unable to fill where availability is constrained and an order is processed in error. Your Account Executive or sales representative can inform you when a product or solution is not in stock, and can tell you when we expect the product will be available. Anticipated delivery dates are based upon vendor supplied information and are subject to correction or change.
Systems, Typographic, Photographic and Other Technical Errors. Although we do our best to achieve 100% accuracy, occasionally errors and inaccuracies do occur. Should you encounter an error or inaccuracy, please inform us so it can be corrected. Products and packaging depicted may differ from stock available at the time of shipment. We reserve the right in our sole discretion to substitute equivalent items if available. If an error is made and a product is listed at an erroneous price or shown as available when it is not, we may, at our sole discretion, refuse or cancel any such orders processed as a result of such error, to the fullest extent permissible under applicable law. If an order has been confirmed and charged to your credit card at the incorrect price or where the product, service or solution is not available, we reserve the right in our sole discretion to promptly issue a credit in the amount of the incorrect price or unavailable product, service or solution.
As part of the registration process for certain Site Services, you may be asked to select a username and password. We may refuse registration to anyone and/or require additional information prior to accepting any registration, in our sole discretion. Furthermore, we may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, in each case, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site Services or any part of the Content to any third party without our prior written consent. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem by emailing us at email@example.com. You are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities that are conducted through your account.
Rules of Conduct. While using the Site, you agree to comply with all applicable laws, rules and regulations. In addition, users of the Site must respect the rights and dignity of others and your use of the Site is conditioned on your compliance with the following Rules of Conduct. You agree you will not:
Limitation of Liability and Disclaimer of Warranties Related to Your Use of the Site.
Links. The Site may provide links to other Internet websites and resources. Because we may have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available through such sites or resources. Other websites may provide links to the Site with or without our authorization. We may have no control over the sites that provide links to the Site, and you acknowledge and agree that we do not endorse such sites and are not responsible for any links from those sites to the Site, for any content, advertising, products, or other materials available on or through such other sites, or for any loss or damages caused by using or relying on any such materials. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or inability to use: (a) any sites or resources to which we provide links, or that provide links to the Site; or (b) any content, goods, or services available on or through any such sites or resources. We shall have the right, but not the obligation, at any time and in our sole discretion to block links to the Site through technological or other means, without prior notice.
Dealings with Third-Party Providers of Goods and Services. Your correspondence or business dealings with, or participation in promotions sponsored by, any third-party advertisers or other third-party providers of goods, services or solutions found on or through the Site, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider. To the fullest extent permissible under applicable law, You agree that we shall not be responsible or liable for any loss or damage of any sort incurred in connection with any such dealings or as the result of the presence of such third parties’ materials on the Site.
Information or Complaints. If you have a question or complaint regarding the Site, please send an e-mail to firstname.lastname@example.org. You may also contact us by writing to: Shop Mac & PC Business. P.O. Box 935, Valley Stream, NY 11582 or by calling us at 561-614-4737.
Purchase Price and Payment. Prices, specifications and availability of goods and services are subject to change without notice. Customer will pay the price established by us for all goods ordered by Customer or using Customer’s account. Full payment shall be made before delivery of the goods, unless otherwise agreed in writing by us. Any amount that we agree may be paid after delivery is due to us within thirty (30) days, or such lesser period as may be determined by us as set forth in an applicable invoice. In addition to the purchase price and any shipping costs, Customer will pay all applicable taxes, including but not limited to sales, use, value added, gross receipts, privilege, excise and personal property taxes as well as other similar taxes and/or charges, levied on or measured by the purchase price or sale of goods or arising from, furnished, or in connection with the use of the goods and any parts or maintenance supplied or the services rendered. Prices do not, unless otherwise specified, include supplies. To the fullest extent permissible under applicable law, You agree to pay interest on all past-due sums at the lesser of 1.5% per month or the highest rate allowed by applicable law.
Shipping Options and Policies. AT SHOP MAC & PC, WE STRIVE TO SHIP YOUR ORDER AS QUICKLY AS POSSIBLE. HOWEVER, BECAUSE OF INVENTORY, SHIPPING, AND MATTERS OUTSIDE OF OUR CONTROL, OUR STATEMENTS AS TO USUAL SHIPPING TIMES ARE NOT GUARANTEES OR PROMISES THAT A PRODUCT WILL SHIP ON A SPECIFIC DAY. IF YOU WISH TO FIND OUT THE EXPECTED DATE OF SHIPMENT ON A PARTICULAR ITEM OR ORDER, PLEASE CALL US AT (561) 614-4737 FOR MORE INFORMATION. AT A MINIMUM, WE EXPECT THAT ALL IN STOCK ORDERS WILL BE SHIPPED IN 30 DAYS. We ship from our central warehouse. If your order is unavailable in our central warehouse, we may ship from one of our distributor or manufacturer partners to provide you with the best availability possible. When the product is shipped from these different locations cut off times may vary, and your chosen shipping method may not be available. We offer a wide variety of shipping options and special deliveries. Our carriers include FedEx and U.S. Postal Service (USPS).
Please review our shipping options and policies, and plan your purchases accordingly. Due to special package requirements we may not be able to ship products to certain areas or be constrained on our shipping options. For more details or special shipping requirements, please call us at 561-614-4737.
Rerouting. After shipment, packages cannot be rerouted or placed on hold for pick through carrier hub.
Delays in Performance. Any delivery times provided by us are estimates only. We shall not be liable for delivery delays, nor shall we be liable for any delay in performance due to unforeseen circumstances or to causes beyond our reasonable control including, but not limited to, acts of nature, acts of government, labor disputes, delays in transportation and delays in delivery or inability of suppliers to deliver.
Deposits. Without limiting any rights or remedies available to us, and to the greatest extent permissible under applicable law, in the event that we accept a deposit from you for goods ordered: (a) if you fail to meet any schedule of payments listed on the invoice, or to complete the purchase for any reason other than for cancellation of goods not delivered, in addition to any other rights at law or in equity, we will have the right to, within one hundred and twenty (120) days of the deposit date, retain all cash, checks and credit card deposits as partial damages; and (b) if Customer chooses to pick up ordered goods rather than ship them, and if Customer fails to pick up ordered goods within two (2) weeks of the posting of the arrival notice from us, you agree to forfeit all cash, check or credit card deposits for the goods.
Training. If indicated on the invoice or otherwise agreed to in writing by us, upon delivery and/or installation, we or our designee will provide training in the operation of the goods to a member of Customer’s staff. All training will be performed at a mutually agreeable time at the hourly training rate currently in effect at the time the training is performed. Training is not offered as vocational training or as qualifying for any particular employment.
Maintenance. We agree to provide maintenance and/or service (“Maintenance”) to Customer as described on an applicable invoice accompanying goods shipped to Customer or in a separate agreement for Maintenance. All Maintenance will be at our service department or at another location chosen by us unless otherwise agreed between us and you under a separate agreement for Maintenance. All Maintenance, except that performed under manufacturer’s warranty, will be performed at our standard rates in effect at the time the Maintenance is performed. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE HAVE NO OBLIGATION TO PROVIDE MAINTENANCE, WARRANTY OR SUPPORT SERVICES TO ANY CUSTOMER UNLESS AND UNTIL WE HAVE RECEIVED FULL PAYMENT FOR ANY GOODS PURCHASED.
For all disputes, you must first send a written description of your claim to our Customer Service department. You can contact our Customer Service department by email (email@example.com) or U.S. Mail (Shop Mac & PC Business, P.O. Box 935, Valley Stream, NY 11582). We each agree to negotiate in good faith to settle your claim or dispute. If we do not reach agreement within 30 days, you may pursue your claim in arbitration, or in small claims court as described above.
CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU AND WE ACKNOWLEDGE AND AGREE THAT YOU WAIVE ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION. Neither you nor we may be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals’ disputes be consolidated or otherwise determined in one proceeding. This class action waiver applies if you bring your claim in arbitration and if you bring your claim in small claims court.
Right of Offset. At any time that an amount is due to us, we shall have the right, without prior notice, to set off and apply any amounts otherwise owed by us to purchaser, to any amounts owed to us by purchaser, in all cases, to the fullest extent permissible under applicable law.
Jurisdictional Issues. The Site is controlled and operated by us, and, to the fullest extent permissible under applicable law, is not intended to subject us to the laws or jurisdiction of any state, country or territory other than the State of California and the United States of America. To the fullest extent permissible under applicable law, We do not represent or warrant that the Site, Content, or Services, or any aspect thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with local laws. To the fullest extent permissible under applicable law, We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export, or re-export all or any part of the Site Services or goods, services or solutions you obtain from us to any country outside of the United States or Canada. You agree not to use all or any part of the Site from any country to which the United States has embargoed goods; and you represent, warrant, and covenant to us that (a) you are not located in or under the control of any such country, and (b) you are not a person or entity that appears on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or on any similar list.
Damaged Shipments. If your shipment arrives damaged the Shipment must be refused if you notice any visible damage or tampering on the box. Should the shipment be accepted, you must note the damage on the carrier’s delivery record in accordance with the carrier’s policy, save the merchandise in the original box and packing it arrived in, and notify us immediately to arrange for a carrier inspection and pick up of damaged merchandise. Concealed damage on a shipment must be reported within 7 days. If you do not notify us of damaged goods within the first 7 days of arrival, to the fullest extent permissible under applicable law, the regular return policy will override any claim of damage, and your purchase(s) will fall under all current manufacturer restrictions.
Non-Defective Product Return. Customers may return most non-defective items (subject to manufacturer’s return policy) to us within 30 days of invoice, either for credit or exchange. An automatic 15% restocking fee or, if lower, the greatest amount permissible under applicable law applies to all such returns. All shipping, packaging, handling and related charges are not refundable.
Order Discrepancies. Any order discrepancies, i.e., missing items/components; mis-shipments; short-shipments, must be reported either to the Customer Service Department within 5 days of receipt of the shipment.
How to Return Products.
Obtaining an RA Number: Please contact the Customer Service Department by phone at 516-614-4737 within 30 days of purchase for a Return Authorization (RA) number before returning your product to us. If the request meets the return criteria, the Returns Department will issue the RA# and send you the instructions on how to proceed. No returns of any type will be accepted without a RA number. For faster service, please have the following information on hand when calling for an RA number: customer name, order number, item number and serial number and the reason for the return. Upon receipt of a RA, customers are given 15 days to return the product.
Original shipping, handling, packaging and related charges are not refundable. Shipping charges on returned products are the responsibility of the customer. We will match the shipping method and pay for shipping charges to you for replacement or exchange products. We strongly recommend you use a traceable carrier and fully insure your return shipment in case of loss or damage.