Sales Terms & Conditions

Terms
All sales of products and/or services (“Goods”) at or through www.zagg-apac.com or affiliated websites (“www.zagg-apac.com”) are governed by and subject to these sales terms and conditions (the “Terms”). By placing an order or making a purchase through www.zagg-apac.com, the buyer (hereinafter “Buyer”) accepts the Terms and agrees to be governed by and subject to the Terms.

Orders
All orders by Buyer constitute offers subject to final acceptance by ZAGG Hong Kong Ltd. and/or its wholly-owned subsidiaries (“ZAGG”). ZAGG may require additional information before processing an order. An order confirmation confirms receipt of an order and does not signify ZAGG’s acceptance of the order. ZAGG reserves the right to accept or decline an order at any time for any reason. ZAGG may, in its sole discretion, limit order quantity. If ZAGG cancels an order after billing, ZAGG will refund the billed amount.

Once placed by the customer, orders made on www.zagg-apac.com cannot be cancelled. You may return your unwanted, unused product to ZAGG pursuant to ZAGG’s return policy which may be found on this page.

For all purchases made at www.zagg-apac.com, Customer shall be charged sales tax according to the state where the product is shipped. If Customer is tax exempt and has a valid tax exempt number, Customer should call ZAGG’s Customer Service at (1300) 044 523 to place the product order and be prepared to provide the tax exempt number. ZAGG’s Customer Service shall not process any refunds for sales tax already paid for purchases made at www.zagg-apac.com or for purchases made through ZAGG’s Customer Service.

It is ZAGGs company policy we do not refund the sales tax amount and that it is the customers responsibility to request the refund from the state.

Please refer back to your accounting department for the proper filing on any taxes paid.

Prices
Prices shown on www.zagg-apac.com do not constitute offers. ZAGG reserves the right to change prices at any time without notice and to correct pricing errors. If an item purchased for full price goes on sale within fourteen (14) days of purchase, ZAGG will refund the difference upon request. ZAGG does not match prices that appear to be from unauthorized resellers or to be inconsistent with ZAGG’s resale policies. Shipping and handling, expedited service, and taxes are not included in prices and will be added to the total price if applicable.

Shipping Estimations
Unless otherwise agreed in writing, duly executed between the Parties, all shipments of Products under this Agreement shall be DDP (Delivered Duty Paid) Distributor’s warehouse located at; 15 17 Ash Road Prestons, NSW, 2170, Australia, (C/O Bloc Distribution) Incoterms 2020 (“Delivery Point”). Distributor shall take full responsibility and title for the Products at the Delivery Point and from that time, Distributor shall be solely responsible for all and any loss or damage to or deterioration in any Products which the Distributor has ordered from ZAGG. ZAGG may make deliveries in instalments with appropriate partial invoicing issued therefor. ZAGG agrees to comply with Distributor’s written inbound shipping specifications provided that in so doing ZAGG does not incur any additional cost or expense.  To the extent that Distributor has approval from ZAGG to return any product pursuant to the terms of this Agreement, Distributor shall pay all costs of shipping. 

Shipping Restrictions
Lithium-Based Battery Shipments: Due to standalone lithium-based battery shipping restrictions, this product may only ship via ground and is subject to domestic and international shipping requirements. If the final ship-to address cannot be shipped to via ground, the order may be subject to cancellation. International shipments from the A.U. are also prohibited for products with lithium-Based Batteries.

Delivery

Expected delivery dates are estimates. All deliveries are subject to modification or cancellation due to events beyond ZAGG’s reasonable control, including without limitation acts of God, compliance with any law, order, rule or regulation of any governmental or other authority, delay in transportation, labor disputes, strikes, failure of equipment or systems, or shortages of any labor or materials or services. All purchases through www.zagg-apac.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.

Payment Options

www.zagg-apac.com the following payment methods:

• Credit cards: Visa, MasterCard, American Express and Discover
• Debit cards: Visa, MasterCard and American Express
• Gift Cards or ZAGG Reward promotional cards
• PayPal
• Bank Transfer 

ZAGG reserves the right to cancel or decline an order or payment method at any time for any reason. Coupon codes may be void for gift cards, specially priced/discounted products, and new product releases.

*ZAGG Reward cards cannot be used towards the purchase of ZAGG Protect or gift cards.

Refunds & Returns

Return: Sale or Exchange Program (“SOE)”. This clause shall only apply if a Product is purchased by Distributor for the purpose of resale. ZAGG grants Distributor Sale of Exchange for any unopened case or inner carton of Product within 180 days of the date of Delivery provided that the Products are in saleable condition. Prior to returning any Product under the SOE Program, Distributor will request a return merchandise authorisation (“RMA”) number and will adhere to ZAGG’s standard overstock RMA process which ZAGG may update from time to time upon providing written notice to Distributor.

i)                Within ten (10) Business Days of receiving the RMA number, Distributor must deliver at its cost the Products to the address specified by ZAGG. The delivery of the Products must be clearly labelled with the RMA number. Any Product returned by Distributor will be in pristine, resalable condition without any stickers, labels or other identifying marks.

ii)              Distributor agrees to no more than 2 overstock RMA’s claims annually and will provide ZAGG with a replacement purchase order at 2 times (2X) the authorised RMA value.

Warranties

ZAGG represents and warrants that each Product, and its accompanying labeling, packaging, and instructions for use, sold to Distributor shall:  (i) at the time of delivery, be new Products and shall be free and clear of all liens and encumbrances, (ii) be substantially free from defects in design, materials and workmanship, (iii) conform to the ZAGG specifications and shall perform in the manner described in the ZAGG specifications and in the manner for which it was designed, and (iv) comply with all applicable laws, regulations, rules, ordinances, statutory or other legally required warranty requirements, and orders and meet all required statutory, governmental, judicial, regulatory and industry standards, requirements and orders, including labeling and warning requirements, whether federal, national, state or local, and ZAGG has on-going quality control processes to ensure compliance therewith, (v) ZAGG has all right, title, ownership interest and marketing rights necessary to enter into this Agreement and to sell the Products to Distributor pursuant to this Agreement, (vi) The Products and the sale and use of the Products do not infringe upon any copyright, patent, trademark, trade secret or other proprietary or intellectual property right of any third party and there are no suits or proceedings, pending or threatened, alleging any such infringement.  ZAGG certifies that when appropriate, Products will bear the relevant certifications by recognized testing agencies such as CE, UL or equivalent certification as applicable.  ALL OTHER EXPRESS AND IMPLIED WARRANTIES INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED.  THE SOLE REMEDY OF ANY PERSON OR ENTITY FOR ANY NON-CONFORMITY IS THAT ZAGG SHALL REPLACE OR REPAIR ANY NON-CONFORMING PRODUCTS, OR AT ITS OPTION REFUND THE PURCHASE PRICE OF SUCH PRODUCT(S).

Other terms

Credit

Distributor may be granted credit based upon its credit worthiness.  Should credit be granted to Distributor, it shall be at ZAGG's sole discretion to adjust any such credit extended at any time based upon Distributor's credit worthiness and payment history.

Inspection of Products 

Distributor must inspect all Products within ten (10) days of receipt for defects in material or workmanship, damages, shortages, overages, and/or failure to conform to purchase order specifications and may reject any such Products that fail to meet the purchase order.  Products not rejected by written notice to ZAGG within ten (10) days of receipt shall be deemed to have been accepted by Distributor.  Distributor shall comply with ZAGG’s return materials authorization (“RMA”) process for the return of such rejected Product(s).  Rejected Products shall be returned freight prepaid to ZAGG within ten (10) days of the date ZAGG authorizes return.  As promptly as possible after receipt by ZAGG of properly rejected goods, ZAGG shall refund the purchase price to Distributor and costs of transportation incurred by Distributor in connection with the return to ZAGG of properly rejected Products.  Distributor must pay transportation costs in both directions for improperly rejected Products.