Terms of service

Terms of Service

These terms cover buying from Apexestore at apexestores.com. Placing an order means you agree to them. They're written in plain English on purpose. If something here isn't clear, email us and ask before you buy.

Who you're buying from

Apexestore is the trading name of APEXESTORES LLC, an Ohio limited liability company based in Millersburg, Ohio, in Holmes County. APEXESTORES LLC operates apexestores.com and is the seller on every order placed here. "We" and "us" mean APEXESTORES LLC. "You" means the person placing the order.

We're an online store. We don't have a walk-in storefront, and we don't offer pickup. Email and phone are how you reach us, and both are at the bottom of this page.

Who can order

You need to be at least 18 to place an order. This site isn't meant for children, and we don't knowingly collect information from anyone under 13.

Accounts

You don't need an account. You can check out as a guest.

If you do create one, there's no password to set and we don't store one. You sign in with a one-time code sent to your email address. So the thing to protect is that email account: anyone who can open that inbox can sign in as you. Keep access to it, and keep it to yourself.

Either way, you're responsible for the shipping address you enter. We ship to the address exactly as it's typed at checkout.

What we sell

Most of what we sell is overstock, open-box, or used. We buy surplus and closeout inventory, inspect it ourselves, and list it. Some items are genuinely new and sealed. Many are not. Most of what we carry is one or two units, so when something is gone it's usually gone for good.

Every product page states the item's condition on its own line. Read it before you buy - it's the most important part of the listing, and it's what we stand behind.

What the condition labels mean

These are the labels we use, and what each one means:

New - brand new, unused, unopened and undamaged, in its original packaging where packaging applies.

Brand New - never opened or removed from the manufacturer's sealing.

New/Factory Sealed - brand new and unused, still sealed.

New with box - brand new and never used, with the original box, and any original tags still on it.

New with tags - brand new, unused and unworn, in the original packaging with the original tags attached.

New without box - brand new and never used, but not in the original box, and it may not have tags.

New without tags - brand new, unused and unworn, but not in the original packaging and without tags.

New other (see details) - new and unused with no signs of wear, but something about it is worth reading the listing for. It may not be in the original packaging, or the packaging may be open or incomplete.

Open box - in excellent, new condition with no wear. It may be missing its original packaging or protective wrapping, or it may be in the original packaging but not sealed. Original accessories are included. It may be a factory second.

Used - someone used it before you. There may be signs of cosmetic wear. The listing describes it.

If we ever list something that has been repaired, reconditioned, rebuilt, or refurbished, we'll say so in those words on the product page.

These definitions apply to every listing. If a listing looks like it's saying something different, ask us before you buy.

Photos

Some listings show photos of the actual item we're selling. Others use the manufacturer's product images, and where we have more than one of the same thing, a photo may show a representative unit rather than the exact one we pack. A photo is not a description.

What we stand behind is the condition line and the written description on the product page. Go by those.

If something about a particular item is worth knowing - a scuff, a missing piece, damaged packaging - it belongs on that product page. If it isn't there and you find it in the box, the item isn't as described, and our Return and Refund Policy covers that: we pay the return shipping and you get your money back.

Manufacturer warranties

We're not the manufacturer, and we don't administer anyone's warranty.

Surplus and open-box goods often have no usable manufacturer coverage. The warranty may already be expired, it may not transfer to a second owner, or it may require an original receipt or registration we can't provide. We don't promise that any manufacturer warranty is available on an item, or that a manufacturer will honor one. Don't count on manufacturer coverage unless the product page specifically says it applies.

We also don't offer a warranty or a service contract of our own. What we offer is the return window in our Return and Refund Policy, on the terms set out in that policy, including the items it excludes.

Prices, and price mistakes

Prices are in U.S. dollars and don't include sales tax. Where sales tax applies, it's added at checkout.

We list every item by hand, and now and then one gets priced or described wrong. When we catch a listing that's priced wrong, we correct it or take it down the same day we catch it. If we catch an obvious error before your order ships, we may cancel it and refund you in full. We will never ship an order and then charge you more than the price you agreed to at checkout.

We also sell most of these items on eBay, and we price there separately. A different price on another site isn't a mistake on this one, and it doesn't change the price of an order you already placed here.

Placing an order

Your order is an offer to buy. We accept it when we ship it. The confirmation email you get right away means we received your order - not that we've accepted it.

We may refuse or cancel any order, for any lawful reason, at any time before it ships. That includes but is not limited to: the item is no longer available, there's an obvious pricing or description error, we can't verify the payment, the order looks fraudulent, or someone is ordering quantities well beyond normal household use. Those are examples, not the whole list. We do not refuse or cancel orders on the basis of race, color, religion, national origin, sex, disability, or any other characteristic protected by law.

The reason that comes up most often here is worth saying plainly. We list most of the same items on eBay at the same time, and most of what we carry is one or two units. Once in a while the same one-of-a-kind unit sells on both sites within minutes of each other, and we end up with two buyers and one item. When that happens, we cancel the order we can't fill.

This right ends when the order ships. An order has shipped when the carrier takes physical possession of it. Before that, we can stop the sale. After that, we can't - this is a right to stop a sale before it leaves us, not a way to undo one after the item is on its way to you. And once we've emailed you a tracking number, we treat that order as shipped and we don't cancel it; if something is wrong with it after that, we handle it as a return or a refund. Once an order has shipped, our Return and Refund Policy governs what happens next, and nothing in this section shortens your return window, reduces a refund you're owed under that policy, or takes away any other right that policy gives you.

When we cancel an order, you get a prompt, full refund of everything you paid on it - the item, the shipping, and the sales tax - returned the way you paid, and never more than seven business days from the day we cancel. All of it. We don't hand you store credit in place of a refund, we don't keep back part of what you paid, and we don't substitute a different item. If the card or account you paid with can no longer take a refund, we'll arrange another way to get you your money, including mailing you a check.

If we can only fill part of an order, we cancel just that part and refund everything you paid for the cancelled part - the item, its share of the tax, and any shipping that part caused. We email you before we do it, so you can keep the rest or cancel the whole order, whichever you'd rather.

And we tell you. We email you to say the order was cancelled and why. We don't cancel quietly and leave you to figure it out from your bank statement.

Payment and tax

Placing an order authorizes us to charge the payment method you used for the full amount shown at checkout, including shipping and tax. We accept card, Shop Pay, PayPal and the other options shown at checkout. If a payment is declined or can't be verified, we'll cancel the order and let you know.

Where we ship

We ship to addresses in the United States - all fifty states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, American Samoa, the Northern Mariana Islands, and APO, FPO and DPO military addresses. Our checkout also accepts addresses in the Federated States of Micronesia, the Marshall Islands, and Palau, and we ship those orders too. We don't ship outside those destinations. If checkout accepts your address, that's the list it's working from.

Orders to military addresses and to Micronesia, the Marshall Islands and Palau travel through the U.S. postal system. They need a customs form, which we fill out, and they usually take longer to arrive than a shipment to a street address in the states.

How shipping is charged

Shipping is charged by shipping type, not per item.

Some items ship free - the shipping is already built into the price. Some fall under our flat rate, and that flat rate is charged once for the whole order, no matter how many of those items you buy. Some are quoted live by the carrier for your address, with no markup added by us.

If your cart has more than one of those types in it, you pay each type once. Checkout adds it up and shows you the full shipping charge before you pay, and that figure is the one that applies to your order.

Handling time, delivery, and packages that go wrong

We usually get an order packed and handed to the carrier within 1-2 business days. That's our normal pace, not a guarantee, and it doesn't count the days the carrier takes to deliver.

If an order isn't going to ship inside that window, we email you before that date. You can keep waiting for the new date we give you, or cancel for a full refund - your choice. We send that email on our own, without you having to ask for it. That's what the FTC's mail and internet order rule requires (16 CFR 435.2), and we follow it.

Carrier delivery dates are estimates, not guarantees. Weather, carrier backups, and other things outside our control can slow a shipment down.

If your order runs late after it ships, we'll tell you. If we can't ship it at all, we cancel and refund you. A delay never costs you your right to a refund, and we never substitute a different item or hand you store credit in place of money you're owed.

If tracking stalls, a package doesn't turn up, or something arrives damaged, email us. Photos of the item and of the shipping box help, and hanging on to the packaging helps more, because the carrier often wants to see it. Tell us as soon as you reasonably can - carrier claims have deadlines - but the claim is our problem, not yours, and it doesn't change your rights. Our Return and Refund Policy sets the window that governs your refund. Because most of what we carry is one or two units, we usually have nothing to swap into, so what we do is refund you.

Returns and refunds

Our Return and Refund Policy covers returns, refunds, damaged items, and cancellations, including the return window, who pays return shipping, and the items we can't take back. It's the controlling document on all of that. If anything in these terms appears to conflict with the Return and Refund Policy, that policy wins.

Returns are authorized by email first. Email caleb@apexestores.com and tell us the order number and what's wrong. We'll approve the return and send you the address to ship it back to, along with a prepaid label when the mistake is ours. Every return gets its own approval and its own address, so please wait for ours before you ship anything back.

Reviews and anything you post

If you send us a review, a photo, or a comment we can publish, you're giving us permission to display and use it in connection with the store.

Nothing in these terms restricts what you can say about us. Honest reviews are yours to write, including unflattering ones. We may remove content that's unlawful, threatening, off topic, or that contains someone's personal information - but never because it's critical of us.

The site itself

Our own product photography and the descriptions we write belong to APEXESTORES LLC. Please don't copy them for commercial use. The site design is a Shopify theme we license, not something we own, and some of the condition wording on our product pages comes from eBay's standard condition definitions. Manufacturer product images on our listings belong to the manufacturer.

Brand names, logos, and model numbers belong to their owners. We use them to identify what we're selling. We're an independent reseller - not an authorized dealer for these brands - and they don't sponsor or endorse us.

Emails and texts

By ordering, you agree we can send you order-related messages - confirmations, shipping notices, delay notices, cancellation notices, refund notices - by email, and that those count as being in writing.

Marketing is separate. Placing an order doesn't by itself sign you up for it. Promotional email and text messages go to people who asked for them, and every one of them has a way out: the unsubscribe link in the email, or replying STOP to a text. If you start a checkout, enter your email address and don't finish, the checkout system may send you a reminder about the cart you left; that isn't our marketing list, and it carries an unsubscribe link too. Our SMS programs have their own terms.

What we don't promise

We describe every item as accurately as we can, and the condition line on the product page is what we stand behind. Beyond that, and to the fullest extent the law allows, we sell items without implied warranties of merchantability or fitness for a particular purpose.

Some states don't allow that. If you live in one of them, this section doesn't apply to you.

We also don't promise this website will always be available or free of errors.

Limits on what we owe you

If something goes wrong with an order, the total responsibility of APEXESTORES LLC to you is capped at the total amount you paid for that order.

That cap does not limit what we owe you under our Return and Refund Policy. Refunds, the original shipping charge where that policy refunds it, and prepaid return labels when the mistake is ours are paid in full under that policy, whatever they add up to. It doesn't limit the refund we owe you on an order we cancel, either.

We're not responsible for indirect or consequential losses - lost time, lost income, or damage to other property - arising from a purchase or from using this site.

These limits do not apply to personal injury, to fraud, to gross negligence, or to anything the law doesn't allow us to limit. If you live somewhere that doesn't permit these limits, they don't apply to you.

Using the site

Don't use this site to break the law, to scrape or overload it, or to interfere with other people using it. If you do, and it costs us money, you're responsible for that cost. That's the only thing we ask you to cover.

If we have a disagreement

Contact us first. Most problems are a misunderstanding about condition, shipping, or timing, and a real person here can usually sort it out quickly. Email caleb@apexestores.com or call (330) 231-3347.

We ask for a fair chance to fix it before you take a formal step. That's a request, not a condition. Nothing here stops you from disputing a charge with your card issuer or filing in small claims court whenever you want, and we don't charge anyone a fee for doing either.

If we can't work it out, these terms are governed by Ohio law, and any dispute goes to the state courts located in Holmes County, Ohio, where the company is based, or to a federal court in Ohio that has jurisdiction. Small claims court is still open to either of us, and for a dispute over a single item it's usually the sensible place to go.

Legal notices

Notice to APEXESTORES LLC under these terms may be given by email to caleb@apexestores.com. We read that inbox every business day, and we confirm in writing that we got it, so you have a record. That's how notice passes between you and us under these terms. It isn't a substitute for whatever a court or a statute requires for formal service of process, and nothing here waives a rule about how service has to be made.

If part of this doesn't hold up

We ship to all fifty states, and the rules aren't identical everywhere. Nothing in these terms takes away a right you have that can't be waived under the law where you live - that applies to this whole agreement, not just one section of it.

If a term in here isn't enforceable where you live, it applies only as far as it legally can there, or it drops out for you entirely, and everything else in these terms still stands.

If we don't enforce something once, we haven't given up the right to enforce it later.

Changes

We may update these terms. Changes apply going forward only - the version in effect when you placed your order is the version that governs that order.

These terms and our Return and Refund Policy are the agreement between you and APEXESTORES LLC about buying from this store. Our Privacy Policy - the version linked at checkout and in the footer of this site - covers how we handle your information. That linked version is the one that governs. If you come across an older privacy page elsewhere on the site, go by the linked one. Our SMS programs have their own separate terms.

How to reach us

Email: caleb@apexestores.com

Phone: (330) 231-3347. If nobody picks up, leave a message and we'll get back to you.

Those are the two ways to reach us, and they're the fastest way to get anything sorted out - an order question, a return, a damaged package, or a complaint.

Sending a return back: email us first. When we approve your return, we send you the address to ship it to. Read our Return and Refund Policy before you email, so you know the window and what we can take back.