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Applepalace RETURN AND REFUND POLICY

Return Policies and Procedures

Non-returnable Products

Due to policies and restrictions, the following manufacturers products may not be returned to Applepalace.com for exchange, replacement or credit under any circumstance: 3Com, Apple, Compaq, IBM, Intel, HP, NEC, UMAX, Toshiba, Adobe, Quark, Sony, Xerox, ViewSonic, Iomega, Seagate, Quantum, ATTO Express, Microsoft, Maxtor. These manufacturers will repair, return or replace them in accordance with their own policies. Customer should refer to owner's manual for contact of these manufacturers.

Defective merchandise should be returned for repair to the manufacturer or any authorized service center in Customer's area. Additional manufacturers may be added to this list as manufacturer policies change.

Software, Custom orders, volume licensing program software, products designated as special order are final and cannot be returned even unopened.

If your product is not made by one of the manufacturers mentioned above, or does not fall on the category of software, special or custom order, the following policy applies:

Closed packages: Applepalace.com cannot accept returns of products once they have been opened. Before opening each product, Customer shall check the packaging and label carefully to be sure that Customer received the correct product and version. If the supplier's original packaging and seal is still intact, Customer may return the product to us within 7 days from purchase for an exchange, merchandise credit or refund (excluding shipping and handling charges), subject to a 30% restocking fee. Return shipping to Applepalace.com is at Customer's own expense.

NO returns of any type will be accepted without a RMA number. All permissible returns under this Agreement for credit are subject to a 30% restocking fee. All products for return must be received in Applepalace.com's warehouse within 7 days from the date of RMA number issuance. RMAs expire in 7 days after they are issued and cannot be extended or re-issued.

After 7 days from purchase, Applepalace.com will not issue an RMA and will refer Customer to the manufacturer for warranty service.

All Returns must be 100% complete, in original and resalable condition, with all original boxes and packing materials, have original UPC codes on the manufacturer boxes, contain all manuals, registration card(s), software, blank warranty cards, cabling and other accessories and documentation. Applepalace.com reserves the right to refuse a return on any product that does not meet these requirements.

Replacement items will be shipped after the defective item is received and inspected by Applepalace.com Returns Department.

Customer shall call 310-441-4769 or e-mail rma@Applepalace.com to obtain a Return Merchandise Authorization (RMA) number before shipping the product. Customer shall have the following information on hand when calling for an RAM number: customer name, invoice/order number, Item number and serial number (if applicable), and nature of the problem.

Customer's RMA number(s) must appear clearly on the shipping label on the outside of the return shipment. Customer shall not mark the box itself in any other way.

Applepalace.com is not responsible for lost or stolen packages. All authorized returns must include a shipment tracking number. Subsequent to an approval authorization, a credit to an account or issuance of a check may take up to 30 days.

Customer is responsible for shipping charges on all returned items.

Applepalace.com strongly recommends that Customer fully insure the return shipment in case it is lost or damaged and use a carrier that can provide it with proof of delivery for Customer's protection.

Applepalace.com reserves the right to refuse a return on any product that does not meet the above requirements.

Restocking Charge All permissible returns under this Agreement for credit are subject to a 30% restocking fee. All returned products must be 100% complete in original packaging and in resalable condition, with all packaging, software, manuals, blank warranty cards and other accessories and documentation included.

Defective products Defective products, other than those listed above as Non-returnable Products, will be accepted for credit, replacement, exchange or repair, at Applepalace.com's discretion, within 7 days from the invoice date. Applepalace.com's technical support department prior to issuing a return authorization must deem a product defective. Manufacturer restrictions do apply and are outlined in Applepalace.com's return policy. Terms of the manufacturer's warranty apply from day one.

Non-defective products will be issued a return authorization within 7 days from the invoice date at Applepalace.com's discretion. All non-defective returns are subject to 30 percent restocking fee. Shipping charges are not refundable. Applepalace.com cannot accept unauthorized shipments billed to the recipient.

Damaged Shipment Customer should make sure that the damaged package it is noted on the carrier's delivery record in order for Applepalace.com to file a damage claim. Customer shall save the merchandise in the original box and packing it arrived in, notify Applepalace.com immediately to arrange for a carrier inspection and pick up of damaged merchandise. If Customer does not notify Applepalace.com of damaged goods within the first 3 days of arrival, Applepalace.com regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Customer shall Call 310.441.4771 to arrange for carrier inspection and a pick up of damaged merchandise.

Dispute Resolution. The parties will attempt to resolve any claim, dispute or controversy (whether in contract, tort or otherwise) against Applepalace.com, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph Applepalace.com) arising out of this Agreement, Applepalace.com's advertising, or any related purchase (a Dispute) through will be referred to mediation before, and as a condition precedent to, the initiation of any adjudicative action or proceeding, including arbitration. The mediation will be held in County of Los Angeles, State of California. Either party may demand mediation in writing, serving on the other party a statement of the dispute, controversy, or claim, and the facts relating to it, in reasonable detail. Furthermore, if within thirty (30) days after such demand, the parties have not agreed upon a mediator and commenced mediation, the matter will be referred to arbitration as explained below. Furthermore, if, within forty-five (45) days after such demand the matter has not been resolved to the satisfaction of both parties, then the matter will be referred to arbitration as follows:

The arbitration will be held in County of Los Angeles, State of California, before a panel of three arbitrators. Either party may demand arbitration in writing, serving on the other party a statement of the dispute, controversy, or claim, and the facts relating to it, in reasonable detail, and the arbitrator nominated by that party.

Within thirty (30) days after such demand, the other party will name its arbitrator, and the two arbitrators named by the parties will, within ten (10) days, select a third arbitrator.

The arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association (the "AAA"), except as expressly provided in this Article. However, the arbitration will be administered by any organization mutually agreed upon by the parties. If the parties are unable to agree upon the organization to administer the arbitration, it will be administered by the AAA. The arbitrators may not amend or disregard any provision of this section.

The expenses of arbitration shall be borne by the party against whom the decision is rendered, or apportioned in accordance with the decision of the arbitrators if there is a compromise decision. Judgment upon any award may be entered in any court of competent jurisdiction.

Indemnification Customer will indemnify, defend, and hold Applepalace.com from any and all claims, damages, losses, costs and actions and expenses from breach of Customer's contractual agreement with any third party as the result of buyer's purchase of merchandise from Applepalace.com.

Interest, late charge, Collection costs and related fees. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. Customer is responsible for a monthly late charge equal to $29 or 1.5% of the outstanding balance, whichever is higher. Customer shall be responsible for all collection fees, including reasonable attorney's fees and cost.

Waiver. No delay or omission by Applepalace.com to exercise any right or power occurring upon any noncompliance or default with respect to any terms of this Agreement shall impair any such right or power, or be construed as a waiver thereof. A waiver by Applepalace.com of any of the covenants, conditions, or agreements to be performed by Customer shall not be construed as a waiver of any succeeding breach or default in the same or any other term or condition hereof.

Disclaimers and Notices:

1. Applepalace.com reserves the right to make changes due errors, changing market conditions, product discontinuation or typographical errors in advertisements and/or Web Site.

2. Applepalace.com is not responsible for manufacturer price changes, which may occur at any time without notice.

3. Peripherals, such as monitor, keyboard, mouse, carrying case and printer shown in connection with computer systems in any advertisement and/or in Applepalace.com's Web Site, are not included with such systems unless specified.

4. Apple, the Apple logo, GeoPort, HyperCard,ImageWriter, LaserWriter, Mac, Mac OS logo, Macintosh, MessagePad, Newton, OpenDoc, PowerMacintosh, PowerBook, QuickTake, QuickTime, QuickTime logo and StyleWriter are trademarks of Apple Computer, Inc., registered in the U.S. and other countries. All other names & logos are trademarked by their respective owners.

5. Persons who commit fraudulent activity will be prosecuted to the fullest extent of the law. Web browsers transmit a unique address that can be used by law enforcement officials to identify fraudulent activity. Both the FBI and the US Secret Service are responsible for investigating Internet fraud cases.

6. Fraudulent information will be provided to the issuing bank, shipping carriers, and networked with our business partners.

7. Each order must be credit approved and transmitted to the shipping warehouse before the cutoff time of our warehouse location. For any type of shipping, the cutoff times may range from 2:00pm PST to as late as 3:30pm PST. Ordered approved and processed after the our cutoff times, will be shipped the next day. If you need further verification regarding your order, please call us at (310)441-4769.

8. To support our customers' shipping needs we provide a variety of premium carriers including FEDEX and Airborne with Next Day, 2nd Day and Express Saver delivery options available for most items. Please note that shipping charges are NOT refundable. Delivery times are stated in business days, and do not include order processing times. Next Day - Delivered the next business day by 5PM
2nd Day - Delivered by the 2nd business day by 5PM
Express Saver - Routinely delivered within 3-5 business days

10. Factory new products are new from the factory and have never been sold to an end user. They have never been used, reconditioned, or refurbished. These products carry a manufacturer's warranty.

11. Manufacturer refurbished products have been returned to an authorized factory repair facility. They may have been returned for reasons such as blemishes, customer remorse, or wrong purchase, and have been fully inspected or repaired by a factory-authorized service center.

These products may contain minor blemishes and may not be in original retail packaging. Specifications may vary from original factory new conditions. Accessories and components may vary from original retail packaging. These products carry the applicable manufacturer warranty.

12. Reconditioned or used products are in complete working order and have been repaired and thoroughly tested by competent technicians. Products have a limited vendor warranty, or carry a Applepalace.com 30-day warranty. These products may not contain or their specifications, software, components and accessories may vary from original factory new condition. Products may contain minor blemishes and may not be in original retail packaging.

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