|
|
|
|
| General Terms and Disclaimers |
|
General
The MacMall mail-order catalogs and macmall.com Web site were created by MacMall for the exclusive use of our customers, and are intended for research and buying purposes only. No MacMall or MacMall print or online publication may be duplicated, redistributed or modified in whole or part without prior written authorization from MacMall. For the purposes of these terms and conditions, "MacMall" shall be taken to include MacMall and MacMall.com. All MacMall policies, terms and conditions are subject to change without notice. If the General Terms and Conditions provided on our Web site do not answer your specific questions, or if you need more detailed information, please contact your Account Executive at (800) 622-6255.
Right of Offset
At any time that an amount is due MacMall, MacMall shall have the right, without prior notice, to set off and apply any amounts otherwise owed by MacMall to purchaser, to any amounts owed to MacMall by purchaser, in all cases.
Prices & Availability
Because of the fast-moving nature of the industry, prices and availability are subject to change without notice. MacMall is 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. Your MacMall Account Executive will inform you when a product is not in stock, and can tell you when we expect the product will be available. Anticipated deliveries dates are based upon vendor supplied information and are subject to change.
Typographic, Photographic and 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 to substitute equivalent items. If an error is made and a product is listed at an erroneous price, MacMall may, at its discretion, refuse or cancel any orders placed at the incorrect price. If an order has been confirmed and charged to your credit card at the incorrect price, MacMall shall have the right to immediately issue a credit in the amount of the incorrect price.
Warranty Disclaimer and Limitations on Liability:
MacMall PASSES THROUGH TO ITS CUSTOMERS ALL MANUFACTURERS? WARRANTIES AND GUARANTEES THAT ARE PROVIDED FOR THE PRODUCTS IT SELLS. MacMall MAKES NO ADDITIONAL OR INDEPENDENT WARRANTIES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MacMall DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MacMall SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS OR OPPORTUNITIES), OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY OF MacMall FOR ALL DAMAGES SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCT. LIKEWISE, MacMall WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ITS CATALOG OR WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. ALL MERCHANDISE IS SOLD "AS IS". PLEASE CHECK MANUFACTURER PACKAGING AND MATERIALS FOR COMPATIBILITY. MacMall MAKES NO WARRANTY AS TO THE PERFORMANCE OF ANY MERCHANDISE SOLD. WE ARE NOT RESPONSIBLE FOR SYSTEM DOWNTIME, LOST DATA, ETC. THIS DISCLAIMER BY MacMall IN NO WAY AFFECTS THE TERMS OF ANY APPLICABLE MANUFACTURERS? WARRANTIES OR GUARANTEES. MacMall WILL PROVIDE COPIES OF SUCH WARRANTIES AND GUARANTEES UPON REQUEST BY CALLING (800) 622-6255 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS AND REMEDIES THAT VARY FROM STATE TO STATE.
Disputes
Any claims against MacMall relating in any way to your purchases from MacMall shall be submitted to confidential arbitration in Los Angeles, California. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. In any such arbitration, the parties shall be responsible for their own costs, expenses, and attorney’s fees. In the event that this arbitration provision is unenforceable, any litigation regarding this agreement or any transaction between the customer and MacMall shall be brought in the state or federal courts located in Los Angeles County, California, and the customer hereby agrees and submits to such jurisdiction and venue as exclusive and proper.
Governing Law
Transactions between you and MacMall, and any disputes arising between you and MacMall related to any interaction between you and MacMall, including but not limited to claims relating to the content of its catalogs and website, shall be governed by and construed in accordance with the laws of the State of California without regard to the laws regarding conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
This agreement, the policies printed in the MacMall catalogs and on the macmall.com Web site, and the policies, terms and conditions stated on the applicable MacMall invoice or packing slip, constitute the entire agreement between the parties relating to the subject matter herein, and cannot be modified except in a written agreement signed by both parties.
Jurisdiction
Unless otherwise specified, this Web site is presented solely for the purpose of promoting products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by MacMall from its offices within the State of California, United States of America. Those who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with laws governing export of software and other applicable laws, including local laws, if and to the extent local laws are applicable.
Title Risk of Loss
Title to items being purchased passes from MacMall to purchaser at the time of shipping. Customer takes on full liability for safety and validity of delivery address given to us at the time of purchase. MacMall will not incur any forwarding costs on shipments. MacMall shall not be responsible for damages or delays resulting from Acts of God, war, riot, seizure, terrorist activities, embargo, or other acts or events nothing within the reasonable control of MacMall.
Logos, Trademarks, Service Marks
MacMall, macmall.com and their respective logos are registered trademarks of PC Mall, Inc. and all other distinctive site logos, marks and graphic elements on the macmall.com Web site are trademarks of PC Mall, Inc. and are subject to applicable trademark protections. All other company, product, and service logos, marks and names in PC Mall, Inc. print and online advertising are or may be trademarks or service marks of the companies and organizations mentioned. All trademarks and registered trademarks are used to benefit, without intent to infringe on, the holder of the mark.
Purchases for Export or Schools
If you purchase items for the purpose of export, you must obtain from the federal government certain export documentation, and that responsibility is solely yours. The terms of our agreements with some vendors represented in our online and print advertisements forbid us from exporting their products. Some products are not available for sale to schools. For specific issues contact our educational sales department at (800) 622-6255.
CPU purchases
Unless otherwise specifically indicated, monitors, speakers, and printers pictured in our publishing’s are sold separately on desktop or mainframe computers. Internet disclaimer
Internet connectivity requires access services from an Internet Service provider. Contact your local Service Provider for Internet connectivity and access. California sales information
Certain controller cards sold in California contain lead solder. Lead is a chemical known to the State of California to cause birth defects and other reproductive harm. Please wash hands after handling such internal components and avoid inhalation of fumes if heating solder. Third Party Service Contracts
MacMall is a reseller of various service contracts issued by and performed by third party service providers. We are not the providers of the services described in those contracts, and the third party service provider is the only party responsible for performing, or arranging for performance, of those services. You agree that the third party service provider is solely responsible for fulfillment of the service obligations, and you agree that you will look only to the third party service provider for any loss, claims or damages arising from or relating to the purchase and performance of those services. You also agree to release MacMall from any and all claims arising from or relating to the purchase and performance of the services to be provided by the third party service providers. Taxes will be charged to applicable states.
Software Installations
The customer gives MacMall permission to accept all software licenses on their behalf for any custom software installation. |
|
Return to top |
 |
|
|
|
|
|
|
|
|
|
|
|
|
|
| Pricing and Product Availability |
|
|
|
|
| We cannot sell many manufacturer’s products to resellers, including products from: Apple, Hewlett Packard & Microsoft. All website orders with an individual product quantity over 5 are subject to review and cancellation. Please call us 24/7 at 1-800-622-6255 to place large quantity orders. |
|
Return to top |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Shipping Options and Policies |
|
AT MACMALL, 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 (800) 622-6255 FOR MORE INFORMATION. AT A MINIMUM, WE EXPECT THAT ALL IN STOCK ORDERS WILL BE SHIPPED IN 30 DAYS.
We ship both from our central warehouse and directly from many of our distributors and manufacturers to insure the best availability. 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 use a highly efficient inventory, shipping and delivery system-our efficiencies result in huge savings that we pass along to you! We offer a wide variety of shipping options and special deliveries. Our carriers include FedEx, United Parcel Service (UPS), U.S. Postal Service (USPS), DHL Airways, and a number of ground carriers.
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 your Account Executive at (800) 622-6255. |
|
|
Return To Top |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Payment Methods |
|
Credit Cards
MacMall accepts VISA, MasterCard, Discover, Diner's Club card, American Express cards, and federal government credit cards. We do not charge your credit card for an item until it is shipped. All credit card orders are subject to credit verification and approval. For your protection, credit card orders shipped to an address other than your billing address may require additional verification. Please noted cards attached to checking accounts may have longer times and added procedures for verification as well as daily limits. Personal and Business Check
MacMall will accept personal and business checks for prepay orders. Allow for 10 business days for clearing on top of delivery time of check to our business. You may also mail in certified checks, money orders, and cashier’s checks for payment. Product is not set aside until order clears so stock on hand may change from the time the order is placed. For security reasons, prepay orders are taken over the phone only. Please call (800) 622-6255 to place your orders.
Third Party Leasing through MacMall
All lease payments are exclusive of applicable taxes. Minimum lease payment is $50 per month. All leases require an administrative fee of $49.95 to be billed on the first invoice. Third party suppliers provide leasing services or more detailed information, please follow the link provided or contact your Account Executive at ((800) 622-6255).
MacMall Preferred Account
The Preferred Account is offered as a payment method, with any applicable promotional financing options, through the online checkout process or over the phone with an authorized sales representative. A Preferred Account credit card is offered through WebBank located in Salt Lake City, Utah ("the Lender"). By using MacMall Preferred Account to complete this purchase, you apply for credit and you agree that you have read the Terms and Conditions; you authorize the Lender to review your credit report and you understand that this account is subject to Finance Charges and Late Fees and is governed by Federal law and the law of the state of Utah. You authorize the Merchant to share your personal information, including email address, with the Lender, and authorize the Lender to use that information for all lawful purposes in connection with the account. If you are approved, you can use the account immediately.
Bill Me Later
The Bill Me Later financing option is offered as a payment method, with any applicable promotional financing options, through the online checkout process or over the phone with an authorized sales representative. Bill Me Later® is an open-ended credit plan offered through WebBank located in Salt Lake City, Utah ("the Lender"). By using Bill Me Later® to complete this purchase, you apply for credit and you agree that you have read the Terms and Conditions; you authorize the Lender to review your credit report and you understand that this account is subject to Finance Charges and Late Fees and is governed by Federal law and the law of the state of Utah. You authorize the Merchant to share your personal information, including email address, with the Lender, and authorize the Lender to use that information for all lawful purposes in connection with the account. If you are approved, you can use the account immediately.
Wire Transfers and Other Payment Methods
If you wish to arrange another payment method, such as a wire transfer, please contact your Account Executive at ((800) 622-6255) for assistance. Wire transfers require an additional fee.
Mail Orders
Send all mail orders and payments to MacMall/MacMall Mail Order Dept., File 55354, Los Angeles, CA 90074-5354. Allow ten business days for orders to process. |
|
Return To Top |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Returns Policies & Procedures |
|
| MacMall prides itself on a tradition of outstanding customer care and support. Our devoted team of account representatives understands that our customers are the hallmark of our enduring partnerships. If you are not satisfied with your purchase, you may return most items within 14 days of the date of shipment. We will exchange items or give you a refund for the full amount of your order. All returned items must be in their original box and include packing material, manuals and all accessories. At MacMall’s discretion, a restocking fee may be charged if your product is opened or is not returned in its original condition, box or is missing packing material, manuals or any accessories. Most of the products sold by MacMall are subject to a manufacturer's warranty. The warranty provided by the manufacturer is the first place to look for assistance with difficulties that may accompany your purchase. To obtain information regarding manufacturer's warranties, please refer to their website or contact us at 1-800-MACMALL or warrantyinfo@macmall.com
APPLE COMPUTER PRODUCTS: Apple offers a one year warranty on all new equipment. During the warranty period, you may call 1-800-275-2273 to receive warranty service. Apple will attempt to solve your problem via phone. If they are unable to solve the problem, they will either dispatch a replacement via Airborne Express or will direct you to the closest Apple service center. In most cases, contacting the 800 number is the most expedient manner to obtain warranty service on Apple equipment. NO RETURNS OR EXCHANGES FOR: - Product is returned incomplete or defaced
- All consumable items (e.g., film, tapes, paper, bulbs, CD, DVDs, etc.) once unwrapped
- Returned items with a different serial number from what was originally sent
- Warranty cards are filled out
- You (purchaser) do not have your original receipt (No copies or facsimiles will be accepted)
CUSTOM CONFIGURATIONS or ENGRAVED ITEMS: No returns or refunds will be made for items that are special ordered for you, are for unusual custom configurations of systems or for items that have been engraved. SOFTWARE: No returns accepted on opened software. 7 day limit on the return of unopened software. Defective software may be returned within 7 days of invoice date only for exchange of same title. All licensing sales are final. DAMAGED SHIPMENTS: If your shipment arrives damaged: 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 MacMall immediately to arrange for a carrier inspection and pick up of damaged merchandise. HOW TO RETURN PRODUCTS: Please contact MacMall within 14 days of shipment for a Return Authorization (RA) number before returning your product to MacMall. 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. Once an item arrives at MacMall, we will immediately send a replacement or issue a refund. Returns must be made within 15 days of Return Authorization being provided.
Shipping charges: Original shipping charges are not refundable. Shipping charges on returned products are the responsibility of the customer. MacMall will match the shipping method and pay for shipping charges on replacement or exchange products. We strongly recommend you fully insure your return shipment in case of loss or damage. |
Return To Top |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Order Cut Off Time |
|
Order Cutoff Time
Each order must be credit approved and transmitted to the shipping warehouse before the cutoff time of that warehouse location. Same-day shipping cutoff times vary by warehouse location and may range from 2:00pm EST to as late as 10:00pm EST. If you need further verification regarding your order, please call us at (800) 622-6255. Orders placed and/or credit approved later than the applicable warehouse cutoff time will ship the next business day. Orders placed and credit approved anytime Sunday for in-stock items will ship on the following Monday. We currently provide no price protection after a purchase has been made. |
Return To Top |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Applicable Taxes |
|
Applicable Taxes
Any sales, use or other applicable tax is based on the location to which the order is shipped. If you believe your purchases are not subject to sales tax, please contact your Account Executive for assistance at (800) 622-6255 prior to placing an order.
Seller does not collect sales or use tax in a number of states, including without limit, the states of Oklahoma, Vermont and South Dakota; your purchases may be subject to state and local taxes even though we may not collect such taxes; your purchases are not tax exempt solely because they are made over the internet or via catalog; your ship-to state may require all non-taxed purchases to be reported (for example the states of Oklahoma, Vermont and South Dakota require a customer in these states to report such non-taxed internet or catalog purchases and to pay applicable taxes on such purchases); sales and use taxes are your responsibility; please contact your ship-to states’ taxing authority for tax forms and reporting procedures that may be applicable to your taxable purchases. For additional information please click this link Remote Seller Disclosure MacMall. |
|
Return To Top |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| International Orders |
|
International Orders
International orders are taken over the phone only. Please call 310-354-5600 for rates, restrictions and other special arrangements for your orders. Please note that many products' warranties do not provide coverage outside the U.S., and some products may not be exported due to manufacturers' restrictions or U.S. laws. MacMall makes no representations regarding warranty coverage, compatibility, or serviceability for products that are used outside the U.S. Orders for shipment outside the US are subject to higher shipping, handling and processing fees, applicable customs, duties and taxes, all of which are the responsibility of the customer. |
Return To Top |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Mandatory Arbitration |
|
Mandatory Arbitration. THIS SITE, OR THE PURCHASE OR SALE OF ANY PRODUCTS OR SERVICES, WILL BE RESOLVED BY FINAL, BINDING ARBITRATION, INSTEAD OF IN COURT, except that (a) you may take claims to small claims court, if they qualify for hearing by such court, and (b) if you fail to timely pay amounts due, we may assign your account for collection and the collection agency may pursue such claims in court limited strictly to the collection of the past due debt and any interest or cost of collection permitted by law or the Agreement. This agreement to arbitrate extends to claims that you assert against other parties, if you also assert claims against us in the same proceeding. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
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 (customerservice@macmall.com) or U.S. Mail (MacMall, 2555 W. 190th Street, Torrance CA 90504). 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.
To pursue your claim in arbitration, you must serve our registered agent with an arbitration demand. Our registered agent can be served at The Corporation Trust Company - 1209 Orange Street, Wilmington, DE, 19801. The arbitration will be administered by the American Arbitration Association (“AAA”). The AAA’s Supplementary Procedures for Consumer-Related Disputes will apply, as modified by this Agreement. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. You will pay your share of the arbitrator’s fees except: (a) for claims less than $25, we will pay all arbitrators’ fees; and (b) for claims between $25 and $1,000, you will pay $25 for the arbitrator’s fee. You and we agree to pay our own other fees, costs, and expenses including those for counsel, experts, and witnesses.
You and we agree that this Agreement involves interstate commerce and, despite the choice of law provision in Paragraph 21, the Federal Arbitration Act and federal arbitration law govern arbitrations under the Agreement. An arbitrator may only award as much relief as a court having jurisdiction in the place of the arbitration, limited to the same extent that a court would limit such relief and consistent with the provisions of the Agreement, including the limitation of liability in Paragraph 18. An arbitrator may order injunctive or declaratory relief (so long as that injunctive or declaratory relief does not apply beyond your dealings with us) or summary judgment under applicable law. An arbitrator may not award relief in excess of or contrary to what this Agreement provides, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.
CLASS ACTION WAIVER. YOU AND WE ACKNOWLEDGE AND AGREE THAT WE EACH 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. IF A COURT OR ARBITRATOR DETERMINES THAT YOUR WAIVER OF YOUR ABILITY TO PURSUE CLASS OR REPRESENTATIVE CLAIMS IS UNENFORCEABLE, THE ARBITRATION AGREEMENT WILL NOT APPLY AND OUR DISPUTE WILL BE RESOLVED BY A COURT OF APPROPRIATE JURISDICTION OTHER THAN A SMALL CLAIMS COURT. SHOULD ANY OTHER PROVISION OF THIS ARBITRATION AGREEMENT BE DEEMED UNENFORCEABLE, THAT PROVISION SHALL BE REMOVED, AND THE AGREEMENT SHALL OTHERWISE REMAIN BINDING.
JURY TRIAL WAIVER. YOU AND WE ACKNOWLDGE AND AGREE THAT, if a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. |
Return To Top |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
| Additional Information |
|
| MacMall policies are subject to change without notice. We do our best to ship all orders as rapidly and accurately as possible. However, MacMall is not liable for late or delayed shipments or system failures. Title to items being purchased passes from MacMall to purchaser at the time of shipping. If you purchase items for export, you must obtain from the Federal government certain export documentation. Terms of MacMall 's agreements with numerous vendors in the catalog forbid us from exporting product. Some products are not available for sale to schools. All trademarks and registered trademarks are used to benefit and without intent to infringe on the mark holder. MacMall logos are registered trademarks of PC Mall, Inc. |
Return To Top |
|
|
|
|
|
|
|
|
|
|
|
