This is our Terms of Sale Agreement. MacPenniesestore.com is an Internet e-commerce store (e-store) operated by Mac Pennies Limited, permitting you to have direct online access to product catalogs. This agreement shall govern your access and use of our website. By accessing the macpenniesestore.com website, you agree to be bound by the listed terms and conditions as listed within this agreement.
Order modifications are acceptable before the order is submitted. By submitting an order in the macpenniesestore.com website you are accepting responsibility for such order, payment, the shipping details and service level you selected. If you refuse to receive the products ordered upon arrival, immediate evaluation of further business with you will be conducted and you may be subject to cancellation fees at the sole discretion of Mac Pennies Limited. Mac Pennies Limited will not consider any claim for loss, indemnity or refund until liability, if any, has been established or agreed up with the applicable manufacturer and where applicable the shipper and/or insurance company.
If any of the products prove unavailable, we'll contact you and and give you the opportunity to either cancel the entire order, add a replacement product, or back-order the missing product. If you choose to back-order the unavailable product, we will automatically notify you when it becomes available.
Mac Pennies Limited does not warrant product descriptions or any content of this site to be accurate, complete, reliable, current, or error-free. It is your responsibility to make sure you are ordering the correct product for your needs. We only consider the product's manufacturer part or model number as the valid identifier for the transaction. If you receive a product from Mac Pennies Limited where the manufacturer's product number does not match the manufacturer product number you ordered, please follow our return procedure to ensure a credit to your account or immediate delivery of the correct product.
The products listed for sale on macpenniesestore.com website are made available through catalog downloads from various distributors and manufacturers. Although every measure is taken to insure accuracy, occasionally a supplier may may publish an erroneous price. WE CANNOT HONOR AN ORDER BASED ON AN ERRONEOUS PRICE. In such a case, Mac Pennies Limited will inform you that it is unable to fill the order at the incorrect price and provide you the correct price so you can re-evaluate your decision to order this product. If you decide not to order the product, we will be pleased to refund to you any payment received.
Our company offers catalogs of products to authorized resellers, value-added resellers, service centers, as well as corporate and individual consumers. The products listed for sale on macpenniesestore.com are the only products made available by Mac Pennies Limited, either directly or from various distributors who have made their product catalogs available. All sales of product are considered final and shall be governed solely by the terms and conditions of this agreement along with any other terms and conditions listed on our macpenniesestore website and invoice, as amended from time to time. Any conflicting terms in your purchase order or elsewhere are without effect. Mac Pennies Limited reserves the right to accept or decline, at its sole discretion, to sell to you.
Regarding Freight Charges
Our freight engine calculates freight charges on the basis of information obtained from the product's manufacturer and distributors. However, although we make every effort to make sure we have complete weight and dimensional information for all products, some may become available for sale without the weight and dimensional information required to pre-calculate the freight. Also, manufacturers may change the product weight and dimensions without notice, resulting in changes to the freight charges we quoted. If the product you select does not have the weight or dimensional information needed to calculate the freight, you will be notified at the time of checkout and you can decide whether or not to proceed with your order.
We measure and weigh all products at the time of receipt. Therefore, in the case of a product which had no weight or dimensional information, or where the stated weight and dimensions changed, we will recalculate and correct the freight charges and invoice your order accordingly. On request, we will be pleased to document the basis for our charge.
Mac Pennies Limited shall ship product in accordance with the shipping method (Incoterm) you defined at checkout. The cost of shipping and any other related costs are displayed and will be added to your order. At the end of the checkout process our e-store will display online a conirmation of your order and will e-mail you a confrimation to the e-mail address you specified.
Our Terms of Sale (Incoterms) Policy
We adhere to the principles laid down by ICC's INCOTERMS 200. For information on INCOTERMS definitions, please consult our INCOTERMS document or the ICC website at http://www.iccwbo.org/index_incoterms.asp
Prepaid: Unless otherwise specified, ordering from Mac Pennies Limited requires a prepayment. For all prepaid orders, your funds must arrive at Mac Pennies Limited and clear before we ship your order.
Open Account: Mac Pennies Limited offers Net 30-day terms. If you wish to apply for open account terms of sale, you must first complete, sign, and fax us a Credit Application, which will be reviewed by our credit department. - Please contact us for a Credit Application Open Account terms of sale also require the backing of an Irrevocable Standby Letter of Credit in favor of Mac Pennies Limited (dba macpenniesestore.com). - please refer to the Standby Letter of Credit Instructions. A letter of credit is a standard secured financing tool used in this industry. In the event your payment does not arrive within 5 days of the due date, we would issue a draft and draw against the Standby Letter of Credit.
Under Open Account terms of sale, your company agrees to pay Mac Pennies Limited in full all invoice(s) on or before the due date. All unpaid invoices shall bear interest at an amount equal to 1.5% of the outstanding balance per month (or the maximum rate of interest allowed to be contracted for by law, whichever is less), commencing upon the date payment is due. Your failure to make a timely payment may also result in additional actions on our part, which would include but are not limited to: initiating a collection proceeding, revoking your credit line, holding your shipments, and delaying and canceling any future deliveries. We may also seek the repossession of any delivered goods corresponding to unpaid invoices as well as termination of any sales agreements in effect.
Notwithstanding any "net" payment provisions specified on an invoice, Mac Pennies Limited shall have no continuing obligation to deliver products on credit and any credit approval may be withdrawn by Mac Pennies Limited at any time without prior notice.
Accepted Methods of Payment
We accept the following methods of payment. For detailed information on the conditions associated with each method of payment, please check our Payment Methods page.
1. International Drafts, Cashier Check or Bank Draft
2. Personal Checks and Company Checks
3. Wire Transfers
4. Credit Cards (domestic and international Visa and MasterCard)
5. Debit Card (associated with domestic Visa or MasterCard)
In the event a personal or company checks is dishonored by your bank or banking institution and requires further collection, we may apply admnistrative collection charges, minimum EC$100, along with the resulting bank charges. All payments being made to cover returned checks must be made in cash or other secured funds. In the event a check is dishonored by your bank, we may with-hold delivery of future orders until your funds have cleared.
Regarding Credit Card Acceptance and Conditions
You agree that by asking Mac Pennies Limited to accept payment by credit card, Mac Pennies Limited's Customer Service Policy supercedes your ability and right to dispute a credit card charge. You agree that you will not and cannot dispute a credit card charge if either: (1) the corresponding order was placed under your Account Number, PIN Code, and Password; (2) the order was delivered to an address different than the one on file with your credit card provider.
If you give your Account Number, PIN code and Password to another person, you are enabling access to your account and allowing that person to modify your account, including adding other shipping addresses, and place orders under your account using your default credit card information. You are responsible for the security of your Account Number, PIN code and Password and for any resulting purchases made under your account.
Carriers and Service Levels
At the time you place the order, you are determining or selecting the suitable carrier and service level. Our site will provide you with delivery information, which you can accept or reject. You will be informed when to expect delivery of your product when you place your order. This depends in part on the transportation company and level of service you select on checking out. Our suppliers generally ship products ordered, on the day the order is received. If you have any questions, please contact us.
Regarding Your Account Number, PIN Code and Password.
Your Account Number and Password are YOUR sole responsibility. You should take all necessary actions to safeguard their security and their use in accessing and ordering products from macpenniesestore.com. Do not disclose your Account Number and Password to any other person. We recommend that you setup additional PIN Codes in order to authorize other individuals to order from the Mac Pennies Limited site. Please be aware that these additional users would be ordering under your account's terms and conditions. You will be solely responsible for all unauthorized use of your Password by its employees or by third parties. Please keep in mind that if you set up your account to bill your credit card, by authorizing another user on your account, you are authorizing them to also place orders and bill them to the credit card number that you provided.
Regarding Our Security Policy
Our site is operated on a Secure Server under a GoDaddy SSL Web Server Certificate. Authentic Sites using GoDaddy SSL Web Server Certificates offer secure communications by encrypting all data to and from the site. GoDaddy has verified our company registration documents and the site's registered domain name before issuing an SSL certificate. You may check the site's validity yourself by clicking on the GoDaddy SSL logo. We recommend that you always check a site's certificate before entering any sensitive information. The SSL certificate encrypts all the information exchanged between our Web server and your browser under 128-bit encryption.
It is our policy not to share any information about our customers without your express permission or unless compelled to comply with St. Kitts-Nevis law, or protect the rights, property, or safety of Mac Pennies Limited, our users, or others. This policy includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. If you have any concern about privacy at Mac Pennies Limited, please send us an e-mail and we will address it.
Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser. Cookies are not damgerou an cannot damage your browser in any way.
About Credit Card Processing & Account Information
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. We reveal only the last five digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to our credit card processor during order processing. Mac Pennies Limited further protects you by storing the different parts of your credit card information in separate data tables located on servers that cannot be accessed from the Internet or from any other workstations in our office.
Mac Pennies Limited takes credit card fraud very seriously. Credit Card fraud is a felony and we will aggressively prosecute anyone attempting to misuse a credit card number. We track transactions and use all reasonable means available to report persons attempting fraud. For your protection and for fraud detection purposes, we record and store the IP address each time you log onto our site. Suspicious transactions will be investigated and reported to credit card companies. In addition, we will not accept a credit card order from a free, web-based, or e-mail forwarding service website, or any website that offers anonymity to the user.
Claims, Customer Service and Returns Policies
About our Returns Procedure
We authorize and process returns only for items purchased from Mac Pennies Limited. In order to obtain a return authorization, which is required under Mac Pennies Limited policies, follow instructions in our information page, and complete what is requested. Mac Pennies Limited will answer you with a specific resolution for your request based on the manufacturer policy. Please contact us to obtain a return authorization.
How to Request a Credit
If the manufacturer authorizes a credit, the credit memos will be issued for the current cost of the product being returned less an adjustment for any missing components. If your account is current a refund may be processed or applied against future purchases. If your account is not current, any credit forthcoming will be automatically applied against the oldest open balance on your account. If you elect to receive a refund, in the case of a credit card purchase, the refund will be credited to the credit card account that was used for the purchase. In the case of all other forms of payment, the refund will be made through a company check that will be mailed to your billing address.
Please allow a few days from the date we receive the returned product for processing. When your return is processed, we will notify you accordingl with the particulars of your credit If you do not receive credit for your return within the time stated above, please trace your return shipment using the tracking number provided to you by the shipper when you shipped the package. If you do not hear from us within a few days and the tracking information indicates that we received the package, please notify us by e-mail so we investigate. Further exceptions or restrictions are at our discretion.
Avoiding a Return
In the case a return can be avoided, Mac Pennies Limited will reply to your customer service form with options to:
(1) have your product repaired in St. Kitts-Nevis at our Service Centre
(2) have your product replaced through our St. Kitts-Nevis Service Centre
(3) issue a Return Authorization
Some manufacturers have service centers in St. Kitts-Nevis or nearby territories. Having a product repaired or replaced in St. Kitts-Nevis or from a nearby territory can be a faster solution. We provide you with a list of service centers by country on our site. Product warranties are established by the respective manufacturers, not by Mac Pennies Limited.
About Freight Charges on Returns
Mac Pennies Limited will pay freight charges resulting from over-shipments, under-shipment, defective product, wrong product sent to you and demonstration product as long as you follow our return process. If you ordered the wrong product by mistake, you are responsible for freight charge on its return.
About Return Packaging, Conditions and Documentation
Do not label or mark in any way the manufacturer's boxes. Labels should be affixed to the exterior carton. Package all returns in the packaging in which you received the shipment or repack it properly to prevent damage in transit. We expect all non-defective products to arrive unopened, unused and in a condition to be resold as new. Items returned as non-saleable and received in a condition other than new, will not be credited and will be returned to you at your expense.
Please print and attach the documents (specified in the return authorization document) to the return; they are needed to clear St. Kitts-Nevis Customs. If these documents are not sent with the return, the processing may be severely delayed, resulting in greater expense to you. Any additional expenses that result from your failure to follow our return instructions will reduce the amount that we will credit you.
Credit memos will be issued for the current cost of product being returned less an adjustment for any missing components. If your account is current, a refund will be processed. If your account is not current, the credit will be applied against your account balance. Please allow three (3) business days from the date we receive the product for returns to be processed. When your return is processed, the item will be listed as "Credited" in your online order. You may track returns on our web site using your return tracking number.
If you are planning to purchase a replacement product using the credit for the product you just returned, we require proof that your return has been shipped. We accept the carrier's tracking number as proof that the return is en-route to our company. We will automatically credit 80% of the product value and credit the remaining 20% on receipt of the return. You may apply the credit as you see fit.
If you do not receive credit for your return within the time stated above, e-mail us so we can initiate an inquiry. If we determine that the carrier has lost the product, we will issue you a full credit, including the transportation costs and any outlays that you may have made towards the shipment's clearance.
We want to help you with customer service issues in every possible way, but as time passes it becomes more difficult to research errors. Claims should be submitted within seven days from the day you receive your order, otherwise claims investigations may take longer to resolve.
About Credit Rescissions
We may rescind a credit if the manufacturer informs us that the product's failure was not as a result of their manufacturing process but as a result of misuse or mishandling by the user. Product warranties are established by the respective manufacturers, not by Mac Pennies Limited. Such determinations are final.
The manufacturer's decision is final
Please note that we try to assist you with efficiently returning products that fail or don't work properly, but only the manufacturer can make the decision on whether or not to accept or reject a return for credit or replacement, have it repaired in the US or in St. Kitts-Nevis or in a neighboring territory. In such cases the manufacturer's decision is final. If a manufacturer or vendor refuses to credit a return, we will find out the alternatives and communicate them to you so you can let us know how you wish to proceed. You are free to communicate directly with the manufacturer and we will make the contact information and needed paperwork available to you.
About Buyer's Remorse
Consumers sometime have second thoughts often enough that there's even a name for the condition: buyer's remorse. A buyer worries that they made a wrong choice, paid too much, did not really need the product, or did not research the product thoroughly enough. We start with the proposition that once you place an order from us, our sale to you has been finalized. Your order is irrevocable and you're committing yourself to accepting the shipment of the ordered product as you specified it and to abiding by the terms of the agreement. In other words, a submitted order is a done deal, subject only to the terms and conditions contained within it.
About Product Warranties
To obtain information about product warranties, go to our manufacturer warranties. Mac Pennies Limited warrants that it has good title to or license to supply all products to customers.
If any part of the hardware products should prove defective in materials or workmanship under normal operation of service, such products will be repaired or replaced only in accordance with any warranty cover and terms provided by the manufacturer of the products provided that no unauthorized use or modifications to the product or to the system of which the product forms part have taken place. Mac Pennies Limited is not responsible for the cost of labor or other expenses incurred in repairing or replacing defective or non-conforming parts.
We do not warranty software products in any way. In the event that any such software products should fail to conform as expected or in conformance with the product description, we will assist you to the best of our abilities to obtain a corrected version from the manufacturer or a credit from the manufacturer. The decision and policies of the software manufacturer govern in these issues and you should read their product warranty policies carefully before unsealing their products.
EXCEPT AS SPECIFICALLY SET OUT ABOVE, Mac Pennies Limited DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETER EXPRESS OR IMPLIED BY STATUE OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF DESCRIPTION, DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM ANY PREVIOUS COURSE OF DEALING, CUSTOM OR TRADE PRACTICE.
About Customer Service Claims
Please e-mail us the particulars concerning any issue you encounter by filling out the Customer Service Form in our site. By submitting the completed form Mac Pennies Limited will be able to respond to your specific request promptly and properly. Please read our Customer Service Claims page for detailed information on resolutions for possible claims.
About Accessing our Website.
You may use the Mac Pennies Limited Website only if you are eighteen (18) years of age or older. The Site is available only to individuals who and businesses which can form legally binding contracts under applicable laws.
About our Website Content
All content included on this site, such as text, graphics, logos, button icons, image and audio clips, digital downloads, data compilations, and software, is the property of Mac Pennies Limited, its affiliated companies, or its suppliers, is subject to their policies, and protected by international copyright law. We make no warranty, either expressed or implied with respect to the accuracy of the information, including prices, product editorials, product specifications or advertising. Klatu believes all information is current at the time of publication and may be subject to change without notice.
Mac Pennies Limited may change the terms and conditions of this agreement from time to time in its sole discretion, and such changes shall become effective upon publication in the Mac Pennies Limited web site. Access or use of the Mac Pennies Limited web sites on your part after the date of any posted changes shall constitute you acceptance of the Agreement as amended. Mac Pennies Limited reserves the right at its sole discretion, to restrict or deny access to the site, delete information or suspend or halt any sales on the site. Mac Pennies Limited may at any time change, suspend or discontinue any aspect of the functionality or services displayed, including the availability of any feature, database or content. Mac Pennies Limited makes no representation or warranty regarding the accuracy of any information displayed through the Mac Pennies Limited e-Commerce web site.
Other Parties Mentioned or linked to our Website
We provide links to the sites of affiliated companies and certain other businesses. Although we make every effort to provide helpful and informative links in response to our customers' needs, we are not responsible for evaluating these sites or their companies and we do not warrant their offerings in any way. We do not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
You waive and release Mac Pennies Limited from any and all claims, demands, and damages of every kind and nature arising out of or in connection with your access or use of the Mac Pennies Limited web site. Mac Pennies Limited does not warrant that this site, its servers, or e-mail sent from Mac Pennies Limited are free of viruses or other harmful components. Mac Pennies Limited will not be liable for any damages of any kind whatsoever arising from the use of this site, including but not limited to direct, indirect, incidental, punitive, and consequential damages.
Our site is operated on a Secure Server under a GoDaddy SSL Web Server Certificate and we use SSL ("Secure Sockets Layer") and other similar encryption technologies to encrypt communications with you and protect the confidentiality of such communications from unauthorized third parties. Given the nature and current development of the internet there can be no guarantees that such technologies will always operate as intended and maintain the confidentiality as expected. Accordingly, you agree that Mac Pennies Limited shall not be liable for any failure by the technologies employed by Mac Pennies Limited to protect our communications from disclosure.
Mac Pennies Limited does not represent or warrant that the information published, distributed or otherwise accessed through macpenniesestore.com, including without limitation information regarding products and pricing, is accurate or complete. Therefore, and without limiting the generality of other disclaimers in this Agreement, Mac Pennies Limited expressly disclaims any representation or warranty that the information published, distributed or otherwise accessed through our site is accurate, complete, timely or reliable. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provision.
This agreement may be terminated at any time by Mac Pennies Limited upon notice; provided, however, that the indemnities provided herein shall survive the termination or expiration, for any reason, of this agreement.
This agreement and Mac Pennies Limited's invoice terms set forth the entire agreement and understanding of the parties relating to the subject matter hereof and supercedes all prior discussions and agreements between the parties relating to the subject matter hereof. Mac Pennies Limited may modify these terms, as well as any aspect of the information or the functionality of the Mac Pennies Limited web sites, at any time in its sole discretion. If Mac Pennies Limited makes any changes to these terms and conditions, your subsequent access of the macpenniesestore.com website constitutes acceptance of these changes.
The construction, validity and performance of this Agreement shall be governed under the laws of St. Kitts-Nevis. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate court located in St. Kitts-Nevis.
About License of Content and Site Access
Mac Pennies Limited hereby grants you a nonexclusive, nontransferable, limited right to access and use the Mac Pennies Limited web site in order to browse and order products according to the terms of the relationship established with Mac Pennies Limited reserves all rights not expressly granted to you pursuant to this Agreement. You are not permitted to download (other than through page-caching) or modify any portion of the macpenniesestore.com website except with our written consent. You are not permitted to resale or make commercial use of this site or its contents. This license does not include any collection and use of any product listings, descriptions, or prices or any derivative use of the site or its contents. This license does not authorize any downloading or copying of account information for the benefit of another merchant, for data mining, or any data gathering and extraction tools. You may not reproduce, copy or resell our site or any portion of our site. You may not commercially exploit our site, its content or functionality without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or any other part of our site or its content. This also applies to our proprietary information (images, logos, text, page layout, etc.) as well as that belonging to our suppliers, partners or other providers. You may not use any meta- tags or any other "hidden text" utilizing our name or trademarks without our express written consent. If we discover any unauthorized use on your part, we will immediately terminate the permission to access our site.
Any dispute relating in any way to your visit to Mac Pennies Limited or to products you purchase through Mac Pennies Limited shall be submitted to confidential arbitration in St. Kitts-Nevis, except that, to the extent you have in any manner violated or threatened to violate Mac Pennies Limited (dba macpenniesestore.com)'s intellectual property rights. Mac Pennies Limited may seek injunctive or other appropriate relief in any court in St. Kitts-Nevis, and you consent to exclusive jurisdiction and venue in such court. Arbitration under this agreement shall be conducted under the rules then prevailing of St. Kitts-Nevis. 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.
Our Legal Address
The macpenniesestorecom website is operated by:
Mac Pennies Limited
10A Cayon Street East
Basseterre, St. Kitts, W.I.