Terms & Conditions
Terms & Conditions (Effective since 1 Sep 2013)
Company details. BestAppleStore.com (we and us), is a company registered in Hong Kong and China, with our registered headquarter office in in Fo Tan, Hong Kong.
Our contract with you
1. Our contract. These terms and conditions (Terms) apply to the order by you and supply of Goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
2. Entire agreement. The Contract is the entire agreement between us in relation to its subject matter and supersedes any prior agreement between us and you, including any non-disclosure agreement. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
3. Language. These Terms and the Contract are made only in the English language.
Placing an order and its acceptance
1. Getting a quote. To obtain a quote for a product, you can use our online forms or email to send us the specifications of the product and/or upload or attach electronic computer aided design (CAD) files in the relevant format specified by us on our website. You can also contact us by phone: however, using our online quoting system is the recommended method of requesting a quote and order management/tracking. We aim to send quotes back within 1 business day (a business day being Monday to Friday) if ordered between 9am-5pm on Monday to Friday, or 2 business days at all other times. Quotes are only valid for 5 days and may be amended at any time due to changes in exchange rates or raw metal costs.
2. Placing your order. If you wish to order goods on the basis of the quote we have supplied, you can do so by paying online via Paypal (for example orders only), by bank transfer or, for approved customers only, by purchase order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
3. How we will accept your order. Our acceptance of your order will take place when we contact you to accept it, which may be by email or other electronic notification, at which point a Contract will come into existence between you and us. Before accepting the order we will ensure our manufacturing partner has agreed to any long-term/repeat supply requests.
4. If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the Goods. This might be because parts cannot be produced as requested, the we are no longer able to honour the quote, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the Goods or because we are unable to meet a delivery deadline you have specified.
5. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
You are responsible for ensuring that the specifications you supply to us in written or electronic form are correct. Where we ask you to supply both CAD and .pdf files, please note that by default designs are made to the specification as set out in the CAD file only unless otherwise agreed. We will not quote or work from engineering drawings and will only quote or work from the dropdown selection boxes on the quote form through the platform unless otherwise stated on the quote. We are not responsible for any discrepancy between CAD and .pdf files, and in the event of any such discrepancy designs will be made to the specification as set out in the CAD file to avoid production delays.
Your rights to make changes to the Goods
1. If you wish to make a change to the Goods you have ordered please contact us as soon as possible by email. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Goods, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Delivery, transfer of risk and title
2. We will usually contact you during the order process with an estimated delivery date. Occasionally our delivery to you may be affected beyond our control and we will not compensate under such situation unless agreement signed in advance
3. Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.
4. You own the Goods once we have received payment in full, including of all applicable delivery charges, duties and taxes.
5. If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused beyond our control.
6. If you fail to take delivery within 10 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods.
7. International delivery
1. If you order Goods from our site for delivery outside the HK, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
2. You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
3. You warrant that you will comply with all applicable laws and regulations of the country for which the Goods are destined, and inform us of any applicable export licences. We will not be liable or responsible if you break any such law, and you will indemnify us for any loss or damage (including reasonable legal costs) we suffer as a result of your breach of this warrant.
4. Warehouse storage can be arranged by agreement on a case-by-case basis: some our manufacturing partners are able to offer this service, and if not we may be able to use an insured third party.
8. Price of goods and delivery charges
1. The prices of the Goods will be as quoted to you.
2. Prices for the Goods may change from time to time, but changes will not affect any order you have already placed.
3. The price of the Goods does not include delivery charges. Our delivery charges are as advised to you on our website or in quote, before you confirm your order.
4. Despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
9. How to pay
1. You can only pay for samples using a debit card or credit card through Paypal, Western Union or by bank transfer with amount less than US$1000.0
2. We accept T/T bank transfer for customized or bulk orders
3. Payment for the Goods and all applicable delivery charges is in advance, unless otherwise agreed.
10. Your obligations
1. You must have the right to upload design files. If you upload or email design files you warrant that the use by us and our manufacturers of such designs (or any products made to those designs) will not infringe any third party rights. You will be liable to us and indemnify us for any loss or damage (including reasonable legal costs) we suffer as a result of your breach of this warranty. We have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights.
2. Viruses. You must not misuse our site or systems by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful.
11. Our warranty for the Goods
1. We use reasonable endeavors to ensure the quality of our manufacturing supply chain using a documented vetting process. We receive completed inspection reports and certificates of conformity from us or our vetted manufacturing partners for our own internal purposes (not available to buyers). We complete our own inspection reports to confirm the Goods meet their specification, which reports will be supplied to you with the Goods.
1. you give us notice in writing within 3 business days of delivery that some or all of the Goods do not meet your specifications;
2. you return the relevant Goods to us within 3 business days of receipt of the notice above;
3. we are given a reasonable opportunity of examining the Goods; and
4. if we ask you to do so, you return the Goods to us at your cost, we will use reasonable endeavors to resolve any issues with our manufacturing department, which may include, if appropriate, replacing defective Goods.
3. We will not be liable for breach of the warranty if:
1. you make any further use of the Goods after giving notice to us
2. the defect arises as a result of us following any CAD file, drawing, design or specification supplied by you via our quote form, and not any information provided in a .pdf file;
3. you alter or repair the Goods without our written consent;
4. the defect arises as a result of fair wear and tear, willful damage, negligence, or abnormal storage or working conditions; or
5. the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
Our liability: your attention is particularly drawn to this clause
We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
1. Any loss of profits, sales, business, or revenue;
2. Loss or corruption of data, information or software;
3. Loss of business opportunity;
4. Loss of anticipated savings;
5. Loss of goodwill
4. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
5. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
1. you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 30 days of you being notified in writing to do so;
2. you fail to pay any amount due under the Contract on the due date for payment;
3. you take any step or action in connection with you entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
4. you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
5. your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfill your obligations under the Contract has been placed in jeopardy.
6. Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
7. Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
1. We may have access to each other’s confidential agreement. You acknowledge that the quote and any manufacturers’ details that we provide to you constitute our confidential information. We acknowledge that the files and specifications that you upload to our website or send us by email are your confidential information.
2. You and we must not make each other's confidential information available to any third party, or use each other's confidential information for any purpose other than in accordance with these terms and conditions. However, we may disclose your confidential information to our manufacturers for the purposes of obtaining quotes or fulfilling orders placed by you, on the basis that they are bound by confidentiality obligations similar to those contained in these terms and conditions. Either of us may also disclose confidential information to the extent such confidential information is required to be disclosed by law, by any governmental or other regulatory authority or by a court or other authority of competent jurisdiction.
3. Uploading content to our site. Any files or specifications you upload to our site or send us by email will be considered confidential. You retain all of your ownership rights in your content, but by uploading or emailing us files you grant us and our manufacturers a limited, royalty-free license to use, store and copy that content and to distribute and make it available to third parties for the purpose of obtaining quotes and fulfilling any orders placed by you, and for our own in-house data analysis in order to build and improve our services.
4. Information that is not confidential. Confidential information does not include information that:
1. is or becomes publicly known other than through any act or omission of the party receiving the information;
2. was in the other party's lawful possession before the disclosure;
3. is lawfully disclosed to the party receiving the information by a third party without restriction on disclosure; or
4. is independently developed by the party receiving the information.
5. Loss or destruction of Confidential Information. Neither you nor we shall be responsible for any loss, destruction, alteration or disclosure of confidential information caused by any third party.
6. You and we will remain bound by these confidentiality provisions. The obligations contained in this clause 19 will remain in force if you or we cancel the contract.
1. Assignment and transfer.
1. We may assign or transfer our rights and obligations under the Contract to another entity [but will always notify you [in writing or] by posting on this webpage if this happens].
2. You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.
2. Variation. Any variation of the Contract by you only has effect if it is in writing and signed by you and us (or our respective authorized representatives). We may change these Terms at any time, but if we do so we will use reasonable endeavors to notify you in advance.
3. Waiver. If we do not insist that you perform any of your obligations under the Contract, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you or that you do not have to comply with those obligations. If we do waive any rights, we will only do so in writing, and that will not mean that we will automatically waive any right related to any later default by you.
4. Severance. Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
5. Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
6. Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.