Apple Reseller Store Terms and Conditions
Please review these terms and conditions carefully, as they contain important information on using and purchasing from the Apple Store for Resellers.
Access limited to authorized Apple resellers
The Apple Store for Resellers is for use by authorized Apple resellers or distributors only. By accessing and using the Reseller Store, you represent that your organization is an authorized Apple reseller or distributor (a “Reseller”), that you are authorized to access and use the Reseller Store on behalf of your organization, and that you have read and agree to these Apple Reseller Store Terms and Conditions.
- The terms and conditions of the Authorized Apple Reseller Agreement or other signed agreement in which Apple grants resale rights to your organization (the “Reseller Agreement”); and
- These Apple Reseller Store Terms and Conditions.
Purchasers, proposers and indirect proposers
- “Purchasers” can generate order proposals and make purchases on behalf of the Reseller;
- “Proposers” can generate order proposals for transmission to a Purchaser, but cannot make purchases; and
- “Indirect Proposers” can generate order proposals for transmission to a distributor.
The Reseller is solely responsible for determining who can access the Reseller Store on its behalf, assigning those users to appropriate roles, and notifying Apple if a user’s access should be disabled.
The Reseller Store allows Purchasers, Proposers and Indirect Proposers to create proposed orders and email them to others for review and approval. Proposals may be sent only within the Reseller’s organization or to third parties with whom the Reseller has an existing business relationship. The email feature may not be used for marketing purposes, to send email in violation of applicable law, or to send email that contains inappropriate or offensive content. Apple may terminate a user’s access to the Reseller Store, immediately and without notice, if it determines the user is misusing the Reseller Store’s email function.
Authorized products and payment methods
The Reseller Store is designed to display only those products or product categories that a particular Reseller is authorized to purchase from Apple, and to permit payment using only those methods that have been authorized for a particular Reseller, in each case as reflected in the applicable Reseller Agreement.
Apple does not guarantee that the Reseller Store will display the correct product universe or payment methods. Regardless of the products and payment methods displayed in the Reseller Store, a Reseller may purchase only those products and use only those payment methods authorized in its Reseller Agreement. Orders that include unauthorized products or are placed using unauthorized payment methods may be rejected or cancelled, in whole or in part, in Apple’s sole discretion at any time, including after the Reseller has taken possession of the ordered products.
From time to time, Apple may make promo codes available for use in the Reseller Store. Promo codes are subject to the applicable promotion terms and conditions and may not be combined with any other offer. Apple reserves the right to terminate promo codes at any time in its sole discretion.
Purchasing promotional products and bundles
From time to time, Apple may allow Resellers to purchase bundled products or promotional products for resale in connection with an Apple promotion. All such products must be resold in accordance with the applicable promotion terms and conditions. Unless the promotion terms and conditions provide otherwise, promotional products must be advertised and sold as a bundle with the eligible Apple product and not as individual components, and sales of the promotional products must be made in a 1:1 ratio with the eligible Apple product. Bundled products may not be broken apart for resale. Apple reserves the right to terminate promotions at any time.
Delivery costs, if applicable, will be charged in accordance with the terms of the Reseller Agreement. As delivery is beyond Apple’s control once an order leaves Apple’s facilities, Apple cannot guarantee delivery on a particular date or time or assume liability for late deliveries.
Modifying, cancelling or returning an order
Orders placed via the Reseller Store cannot be changed or cancelled in most circumstances. To determine whether an order can be changed or cancelled, please contact Reseller Sales Support. Products ordered via the Reseller Store are returnable only to the extent provided in the applicable Reseller Agreement. For more information about returns, please contact Reseller Sales Support.
Ordering and facilitating the sale of VPP Credits to Eligible Customers
The Reseller may use the Reseller Store pursuant to these terms to order digital monetary vouchers issued by Apple which may be exchanged for codes redeemable for App Store and/or the iBook Store products (“VPP Credits”); provided that, if the Reseller is authorized to facilitate the sale of VPP Credits pursuant to a separate agreement, then the terms of such agreement will govern and control.
By placing an order for VPP Credits via the Reseller Store, the Reseller acknowledges and agrees that:
- It is only authorized to act as a non-exclusive and non-risk bearing agent of Apple for facilitating the sale of VPP Credits to customers that have registered and are approved to participate in the Volume Purchase Program (“Eligible Customers”). The Volume Purchase Program or “VPP” is Apple's program that permits Eligible Customer to purchase App Store and/or iBooks Store products in bulk solely for distribution to, and use by, persons employed by or affiliated with Eligible Customers in accordance with the App Store Terms and Conditions or the iBooks Store Terms and Conditions.
- It is in no way appointed or authorized to enter into any discussions or negotiations on behalf of Apple including but not restricted to discussions or negotiations related to the price, value, method of provision, use and/or redemption of the VPP Credits.
- Prior to the sale of any VPP Credits, the Reseller will ensure that the customer is an Eligible Customer and that it obtains all of the following information in order for the VPP Credit purchase and its facilitation to be completed: (i) the full name of the Eligible Customer; (ii) the amount of the VPP Credit being purchased; (iii) the name of the company or the education institution if different than Eligible Customer’s name; and (iv) the email address of the registered VPP account administrator or agent.
- Upon the sale of VPP Credits to an Eligible Customer, the Reseller will provide each Eligible Customer with a bill of sale or other receipt that states at a minimum the terms and conditions applicable to the Eligible Customer’s purchase of the VPP Credits (available at http://www.apple.com/legal/internet-services/itunes/vppbusiness/fi/terms.html) and the date of the sale. Apple will digitally deliver the VPP Credit directly to the applicable Eligible Customer.
If the Reseller facilitates the sale of VPP Credits to an Eligible Customer through a third-party reseller or authorized location (“Third Party”), the Reseller undertakes to procure that the Third Party will comply with all the terms of this section. The Reseller acknowledges and agrees that Apple will not provide any commission or other type of compensation to the Third Party in relation to VPP Credit sales facilitated via the Third Party, neither directly nor through the Reseller, irrespective of whether the Third Party may be eligible to receive money or payments for other Apple product that it purchases from the Reseller. The Reseller agrees to inform Third Parties of the same and to indemnify and hold Apple harmless from any claim or demand from a Third Party relating to VPP Credit sales.
As Apple does not consider VPP Credit to be eligible for value added tax or any such similar sales tax in the [EU or EFTA], the Reseller must liaise with their local tax advisors before and in respect of placing, charging or requesting such payments from Third Parties.
Safeguarding access credentials
The Reseller is responsible for any and all actions taken and purchases made via its authorized user accounts. Users are entirely responsible for maintaining the confidentiality of their account information, and Resellers must notify Apple immediately if they believe the security of their access credentials has been compromised.
Apple may terminate a user’s access to the Reseller Store at any time and for any reason, including but not limited to account inactivity, request from the applicable Reseller, or violation of threatened violation of these Reseller Store Terms and Conditions. When a user’s access is terminated, all proposals and templates created by that user are deleted.
Other terms and conditions
- Apple reserves the right, at its sole discretion, to change or modify these Apple Reseller Store Terms and Conditions, or to add or remove portions of them, at any time.
- Apple may make changes to any products or services offered via the Reseller Store, or to the applicable prices for any such products or services, at any time, without notice. The information provided at the Reseller Store with respect to products and services may be out of date, and Apple makes no commitment to update the information provided at the Reseller Store with respect to such products and services.
- Apple reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Reseller Store, or to any portion of the Reseller Store, for any reason; (2) to modify or change the Reseller Store, or any portion of the Reseller Store, and any applicable policies or terms; and (3) to interrupt the operation of the Reseller Store, or any portion of the Reseller Store, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
- If any provision of these Reseller Store Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the provision, so that the policies shall remain in full force and effect.
- No Apple employee or agent has the authority to vary any of the Reseller Store’s policies or the terms and conditions governing any sale.