Terms and Conditions
The store area of ApplePieUSA.com (the “Web Store”) is provided by Apple Pie and our service providers. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEB STORE. YOUR USE OF THE WEB STORE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE WEB STORE.
Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on the Web Store are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in the Web Store at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Web Store. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Shipping Limitations.When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Web Store. All purchases from the Web Store are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Web Store pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Accuracy of Information.Accuracy of Information. We attempt to ensure that information on the Web Store is complete, accurate and current. However, we depend on the vendors of the advertized products to provide us with such information. Despite our efforts, the information on the Web Store may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Web Store. For example, products included on the Web Store may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Store. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Use of the Web Store.The Web Store design and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Web Store are either the property of, or used with permission by, Apple Pie, or our other service providers and suppliers and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not modify the information or materials located on the Web Store in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Trademarks.Certain trademarks, trade names, service marks and logos used or displayed on the Web Store are registered and unregistered trademarks, trade names and service marks of Apple Pie and its affiliates. Other trademarks, trade names and service marks used or displayed on the Web Store are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Web Store grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Web Store without the written permission of Apple Pie or such third party owner.
Linking to the Web Store. Creating or maintaining any link from another Web site to any page on the Web Store without Apple Pie's prior written permission is prohibited. Running or displaying the Web Store or any material displayed on the Web Store in frames or through similar means on another Web site without Apple Pie's prior written permission is prohibited. Any permitted links to the Web Store must comply will all applicable laws, rule and regulations.
Third Party Links. From time to time, the Web Store may contain links to Web sites that are not owned, operated or controlled by Apple Pie or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Web Store. Neither Apple Pie nor any of its affiliates, service providers or suppliers are responsible for any content, materials or other information located on or accessible from any other Web site. Neither Apple Pie nor any of its affiliates, service providers or suppliers endorse, guarantee, or make any representations or warranties regarding any other Web sites, their privacy policies, or any content, materials or other information located or accessible from such Web sites, or the results that you may obtain from using such Web sites. If you decide to access any other Web site linked to or from the Web Store, you do so entirely at your own risk.
Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Apple Pie may have at law or in equity, if Apple Pie reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Apple Pie may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from the Web Store of the related materials. Apple Pie will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Apple Pie to disclose the identity of anyone posting such materials.
Feedback. You may provide us with feedback, suggestions, and ideas, if you choose, about the Web Store, our products and services ("Feedback"). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future modifications to the services. Further, by providing us with any Feedback, you hereby irrevocably transfer and assign to Apple Pie and agree to irrevocably assign and transfer to Apple Pie all of your right, title, and interest in and to all of your Feedback, including all intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us in acquiring, perfecting and maintaining its intellectual property rights and other legal protections for your Feedback. Additionally, you hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display any and all such Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party
DISCLAIMERS. YOUR USE OF THE WEB STORE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE WEB STORE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER APPLE PIE NOR ANY OF ITS AFFILIATES OR OTHER SERVICE PROVIDERS OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THE WEB STORE. THE MATERIALS AND SERVICES ON OR THROUGH THE WEB STORE MAY BE OUT OF DATE, AND NEITHER APPLE PIE NOR ANY OF ITS AFFILIATES OR OTHER SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEB STORE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, APPLE PIE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEB STORE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, APPLE PIE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY Apple Pie does not assume any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Web Store or your downloading of any materials, from the Web Store. IN NO EVENT WILL APPLE PIE, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEB STORE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEB STORE, ANY WEB SITES LINKED TO THE WEB STORE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE WEB STORE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEB STORE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEB STORE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEB STORE.
Revisions to these Terms and Conditions. Apple Pie may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Web Store.
Choice of Law; Jurisdiction. These Terms and Conditions supersede any other agreement between you and Apple Pie to the extent necessary to resolve any inconsistency or ambiguity between them. The Web Store is administered by Apple Pie from its offices in Washington. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Web Store shall be brought only in the courts of the State of Washington or the United States District Court of Washington. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination. You or we may suspend or terminate your account or your use of the Web Store at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Store at any time without notice.
Additional Assistance. If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact our customer service department.