Terms & Conditions

Welcome to the Apple-Bay Limited T/A Mac-Bay website terms and conditions for use.

These terms and conditions apply to the use of this website and by accessing this website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this website

Before you place an order, if you have any questions relating to these terms and conditions please contact our Office on: (01252) 375167 or by email at [email protected]

Definitions

• “Conditions” means these terms and conditions.

• “Product” means a product displayed for sale on the website.

• “Product Description” means that part of the website where certain terms and conditions in respect of the individual product are provided.

• “Special Conditions” means the terms and conditions in the product description.

• “Users” means the users of the website collectively.

• “Personal Information” means the details provided by you on registration;

• “We/us” means Apple-Bay Ltd.

• “Website” means the website located at www.apple-bay.co.uk www.shop.apple-bay.co.uk or any subsequent URL which may replace it.

• “Cookies” means small text files which our website places on your computer’s hard drive to store information about your shopping session and to identify your computer.

• “United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands.

• “Affiliates” means any website operator, retailer, kiosk operator, direct marketing company, telemarketer, or operator of other direct marketing campaigns that has entered into an agreement with www.apple-bay.co.uk or www.shop.apple-bay.co.uk which compensates the affiliate for transactions resulting from business directed to the www.apple-bay.co.uk website by the affiliate.

• “You” means a user of this website.

Use of the website

You are provided with access to this website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these conditions. The content of the pages of this website is for your general information and use only. It is subject to change without notice.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. We do not own or intend to own any of the Apple Logo or Trademarks present in our website. We have an in-house Apple Certified Macintosh Technician so, that’s the reason why we’ve got to use the Logo.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

• The personal information that you are required to provide when you register as a customer is true, accurate, current and complete in all respects.

• You will notify us immediately of any changes to the personal information by contacting us.

• You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorized to use.

• This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, all your personal information will not be used by third parties. (see below about our Privacy Policy).

• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the conditions by you or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your personal information.

Our rights

We reserve the right to:

• Modify or withdraw, temporarily or permanently, this website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website.

• Change the conditions from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the conditions have been changed. If you do not agree to any change to the conditions then you must immediately stop using the website.

• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Third party links

To provide increased value to our users, we may provide links to other websites or resources for you to access at your sole discretion.

These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

Apple-Bay Limited Privacy Policy

This privacy policy sets out how Apple-Bay Limited uses and protects any information that you give Apple-Bay Limited when you use this website. Apple-Bay Limited is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. Apple-Bay Limited may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 1st of June 2014.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

You may be redirected to our Payments Gateways (ie. SagePay, Paypal) they are responsible for the security of our transactions.

Controlling your personal information

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

Apple-Bay Ltd. may update its privacy policy from time to time. When we change the policy it will be posted on our website along with the updated privacy policy. Last updated 4th June, 2014

Purchase & Selling Of Products

Orders

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.

Contract creation and electronic contracting

The technical steps required to create the contract between you and us are as follows:

• You place the order for your products on the website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the website.

• We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Apple-Bay Ltd.

• As your product is shipped we will send you a dispatch confirmation email.

• Order acceptance and the completion of the contract between you and us will take place on the dispatch to you of the products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions below.

Non-acceptance of an order may be a result of one of the following:

• The product you ordered being unavailable from stock.

• Our inability to obtain authorisation for your payment.

• The identification of a pricing or product description error.

• You not meeting the eligibility to order criteria set out in the main Terms & Conditions.

Delivery Options

We currently only deliver to UK addresses, and for security reasons we can only send items to the billing address of the card used for payment of your order/address registered with your bank (ie. Debit or Credit Card Payment & Paypal).

If you have paid via Paypal, the order will be sent to the address registered to your Paypal account. The item will be shipped to you after 1 to 2 working days of received your payment. (in case the delivery time changes will be detailed in the item description).

Please note: Saturday, Sunday & Bank Holidays are not classed as a working days for either the dispatch or delivery of orders.

Contract cancellation

Once your order has been placed, you have until your order is dispatched to request for it to be cancelled. If the order has already left our premises we would need to process the cancellation request as an “Unwanted/Refund item request”.

In order to request an order cancellation, please email our Customer Services team on:

[email protected] detailing your request, along with your order number.

If your order has already been dispatched, please follow the below ‘Unwanted/Refund Items’ procedure.

Unwanted/Refund Items

If you have an unwanted item or refund request order, please contact our Customer Services department within (7) seven days of receiving said items at [email protected] detailing your order number and the item(s) you will be returning. A charge for re-stocking will be place on your order of 10% of the total amount, however the money charged for Packing & Postage won’t be refunded.

Please send your unwanted item(s) to :

Apple-Bay Limited T/A Mac-Bay

Unit J, Linsford Business Centre

Linsford Lane

Mytchett-Camberley

Surrey GU16 6DJ

Outside of seven (7) days, Apple-Bay Ltd. reserves the right to refuse any refund or exchange requested for items that are not faulty.

Refunds (if applicable)

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.

Late or missing refunds (if applicable)

If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at [email protected]

Sale items (if applicable)

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Exchanges (if applicable) We only replace items if they are defective or damaged.

If you need to exchange it for the same item, send us an email at [email protected] and send your item to:

Apple-Bay Ltd Unit J, Linsford Business Park, Linsford Lane, Mytchett Camberley GB GU16 6DJ.

Shipping

To return your product, you should mail your product to: Apple-Bay Limited Unit J, Linsford Business Park, Linsford Lane, Mytchett Camberley Surrey GU16 6DJ

You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund. Depending on where you live, the time it may take for your exchanged product to reach you, may vary. If you are shipping an item over £40.00, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.

Description of products

All products are refurbished unless stated. (We also classify as refurbished a second hand item, or a used item in very good conditions).

Each product is sold subject to its product description which sets out additional specific conditions related to that product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.

Please note, however, that all product descriptions and images are for display purposes only and do not represent the finished product. Any accessories listed will be for mint condition items only, and are not included on good condition, poor condition, Discounted, or Budget items.

Box contents may vary; additional downloadable or manuals content listed on the box may not be included.

*Please refer to the Grading System in our Footer page.

We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the website as up to date as possible, the information including product descriptions appearing on this website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy.

Images

Images are for illustration only. Actual item design may vary slightly from image.

Payments

To buy any product from Apple-Bay Ltd. you must make payment using a valid UK credit or debit card.

Or you can use your Paypal account.

If items become unavailable after placing your order, your order will be cancelled and you will not be charged.

Tracking your order

Once you have successfully placed your order and received e-mail confirmation back from us you are able to track the fulfillment progress by logging in to your account via the shopping basket section on the homepage. You will receive an email confirmation when your items have been dispatched.

Lost in transit deliveries

Having recently placed your order you can follow the delivery guidelines above to give you an idea of when you can expect delivery of your goods. If you have not received your order within 28 days of the confirmation of dispatch email (sent to the email address registered to your account when you place the order), please contact us via [email protected] or call 01252 375167 and we will be more than happy to rectify the situation.

In the unlikely event that an order is lost during shipment, we will attempt to source a replacement to dispatch to you. If this is not possible we will refund you the value of the missing item/s to the card used for original payment. The value refunded will be equal to the value taken for original payment of the item, and will not reflect any price changes which have since occurred.

In order to confirm that an order shipped via post has indeed been lost, we must wait 28 days before refunding it, as most ‘missing’ items are located within the postal system within this period. It may also be advisable to contact your local sorting office to see if they are holding the order, having already tried unsuccessfully to deliver it to you.

Please note: Some orders are shipped requiring the customer’s signature upon delivery and cannot be released by the driver without this.

In order to process any refunds for the item which have been lost during transit, you must contact Apple-Bay Ltd with your order number at:

[email protected]

Is there a minimum order value for buying items online?

The minimum order total is £10.00. Any orders below this amount will not be successful.

Please note this is per order, and not per item. There are no limits when selling online.

Refunds and Returns

Items may be returned for refund or exchange provided Apple-Bay Ltd. is notified by email at [email protected] within seven [7] days of delivery of the item.

Apple-Bay Ltd. must also be notified by email at [email protected] of any items that have been delivered incorrectly or incomplete within seven [7] days of delivery of the item.

Please note: Items for refund or exchange must be returned to Apple-Bay Ltd first. And we will check that the item is as when we sent it to you.

Being notified outside of seven [7] days, Apple-Bay Ltd. reserves the right to refuse any refund or exchange requested for items that are not faulty.

Information provided must contain your order number, the title of the item/s you are returning, and the reason for return. Merchandise must be in same condition as when it was sent with all accessories and manuals that came with it, including a copy of the invoice and a short note detailing the reason you are requesting a refund or exchange.

Apple-Bay Ltd. offers warranty on all items except consumables. The warranty is individual to every Computer or Item and it does not cover physical damage, water damage, and only covers software faults arising in the course of normal use. For further details on the conditions of the warranty, please contact us at [email protected]

After 28 days from the point of receipt the refund will be processed after any defective merchandise will be fully tested to verify the fault.

Should an item not be found to be defective it will be dispatched back to you, however should an item be found to be defective we will first seek to repair the item; if no repair can be made, we will seek a replacement item. If no replacement can be issued, a refund will be given (to the current sale value via Apple-Bay voucher). Repairs can take up to 28 working days.

All merchandise for return or refund must be sent to the following address:

Apple-Bay Limited T/A Mac-Bay

Unit J, Linsford Business Centre

Linsford Lane

Mytchett-Camberley

Surrey GU16 6DJ

All items sent to Apple-Bay Ltd. for refund or return, are made pursuant to a shipment contract. Prior to Apple-Bay Ltd. receiving such items the risk of loss and title for such items remains with the customer. This means that the risk of loss and title for such items passes to us upon delivery from the carrier. As such, Apple-Bay Ltd. recommends that when sending items for return or refund you use an insured and/or traceable method of transit, such as Royal Mail Special Delivery or Recorded Delivery.

Electronic Communications

When you visit Apple-Bay Ltd. 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, digital downloads, data compilations, and software, is the property of Apple-Bay Ltd. or its content suppliers and protected by UK and international copyright laws. The compilation of all content on this site is the exclusive property of Apple-Bay Ltd and protected by UK. and international copyright laws.

Trademarks

Apple-Bay Ltd. (logo, colour, design) and other marks indicated on our site are registered trademarks of Apple-Bay Ltd. or its subsidiaries, in the UK and other countries. Apple-Bay Ltd.; and its graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Apple-Bay Ltd or its subsidiaries. Apple-Bay Ltd’s trademarks and associated images may not be used in connection with any product or service that is not Apple-Bay Ltd’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Apple-Bay Ltd. All other trademarks not owned by Apple-Bay Ltd. or its subsidiaries 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 Apple-Bay Ltd. or its subsidiaries.

License and Site Access

Apple-Bay Ltd. 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 Apple-Bay Ltd. 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 Apple-Bay Ltd. 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 Apple-Bay Ltd. and our affiliates without express written content. You may not use any meta tags or any other “hidden text” utilizing Apple-Bay Ltd’s name or trademarks without the express written consent of Apple-Bay Ltd. Any unauthorized use terminates the permission or license granted by Apple-Bay Ltd. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Apple-Bay Ltd. so long as the link does not portray Apple-Bay Ltd., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Apple-Bay Ltd. logo or other proprietary graphic or trademark as part of the link without express written permission.

Reviews, Comments, Communications, and Other Content

Visitors may post comments, and other content and 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. Apple-Bay Ltd. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Apple-Bay Ltd. and its affiliates 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 Apple-Bay Ltd. and its affiliates and sublicensees 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 Apple-Bay Ltd. or its affiliates for all claims resulting from content you supply. Apple-Bay Ltd. has the right but not the obligation to monitor and edit or remove any activity or content. Apple-Bay Ltd. takes no responsibility and assumes no liability for any content posted by you or any third party.

General

Intellectual property and right to use:

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors.

You acknowledge and agree that the material and content contained within the website is made available for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website and any transactions conducted on or through the website.

Limitation of liability

While we will use reasonable endeavours to verify the accuracy of any information we place on the website, we make no warranties, whether express or implied in relation to its accuracy. The website is provided on an “as-is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that the website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products. This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:

• Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings)

• Any loss of goodwill or reputation

• Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the conditions.

Nothing in the conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire agreement

These conditions govern our relationship with you. Any changes to these conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Apple-Bay Ltd. and you are expected to do. You confirm that, in agreeing to accept the conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the conditions.

Applicable Law

By visiting www.apple-bay.co.uk and www.store.apple-bay.co.uk , you agree that the laws of England, Northern Ireland, Scotland and Wales, 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 Apple-Bay Ltd. or its affiliates.

Contact

The registered company name and address are:

Apple-Bay Limited

Unit J, Linsford Business Centre

Linsford Lane Mytchett-Camberley

Surrey GU16 6DJ

Last Updated T&C 25th July, 2016

Company Registered in England and Wales No.: 6845014

VAT Reg. No.: 112 3834 48

© All site contents copyright 2009-2016, Apple-Bay Ltd T/A Mac-Bay

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