1. Business Sales (B2B)

If you are purchasing from THE APS GROUP B.V. or APS GROUP USA LLC. in your capacity as an employee, agent or representative of A.P. MØLLER - MÆRSK A/S, then sales are governed by a Framework Agreement and Statement of Work dated 7th December 2022 between THE APS GROUP B.V. and A.P. MØLLER - MÆRSK A/S (as may be updated from time to time). Please contact our customer sales team at [email protected] for further information. 

2. Consumer Sales (B2C)

If you are purchasing from THE APS GROUP B.V or APS GROUP USA LLC. (‘the APS Group’) in your personal capacity as a consumer, then sales are governed by the following Consumer Terms and Conditions:

Consumer Terms and Conditions

These terms may have changed since you last reviewed them

For a list of changes and when they were made, see the bottom of this page. 

Where to find information about us and our products

You can find everything you need to know about us, the APS Group, and our products on our website or from our sales staff before you order. We also confirm the key information to you in writing before you order, either by email, in your online account or on paper.

When you buy from us you are agreeing that:

• We only accept orders when we've checked them.
• Sometimes we reject orders.
• We charge you when you order .
• We charge interest on late payments.
• We pass on increases in VAT.
• We're not responsible for delays outside our control.
• Products can vary slightly from their pictures.
• You're responsible for making sure your measurements are accurate.
• We charge you if you don't give us information we need or do preparatory work as agreed with us.
• You have a legal right to change your mind when you purchase as a consumer.
• You can end an on-going contract (find out how).
• You have rights if there is something wrong with your product.
• We can change products and these terms.
• We can end our contract with you.
• We don't compensate you for all losses caused by us or our products.
• We use your personal data as set out in our Privacy Notice.
• You have several options for resolving disputes with us.
• Other important terms apply to our contract. 

We only accept orders when we've checked them 

We contact you to confirm we've received your order and we accept it when we have taken payment and supplied the product to you. 

Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because you are located outside our delivery areas, as stated on our website or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

We charge you when you order

You will own the goods once we have taken payment and supplied the product to you. 

We charge interest on late payments

If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 2% a year above the Danish National Bank Discount rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount. 

We pass on increases in VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We're not responsible for delays outside our control 

If our supply of your product is delayed by an event outside our control we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team: [email protected] to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred. 

Products can vary slightly from their pictures 

A product's true colour and appearance may not exactly match that shown on your device or in our marketing or its packaging may be slightly different. We encourage you to go through the published product specification and details before placing your order.

You're responsible for making sure your measurements are accurate 

If we're making or supplying the product to measurements you provide, you're responsible for making sure those measurements are correct. Contact our Customer Service Team for further information: [email protected]. 

We charge you if you don't give us information we need or do preparatory work as agreed with us

We charge you additional sums if you don't give us information we've asked for about how we can access your property for delivery, as agreed with us. For example, we might need to re-deliver on a different date if you are not at home for an agreed delivery or deliver with another vehicle or with extra manpower.

You have a legal right to change your mind when you purchase as a consumer.

Your legal right to change your mind when you purchase as a consumer, rather than a business user.

 For most of our products, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs, when you purchase as a consumer rather than a business user. This is subject to some conditions, as set out below.

When you can't change your mind. 

You can't change your mind about an order for: 

• products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; 
• sealed audio or sealed video recordings or sealed computer software, once these products are unsealed after you receive them; 
• goods that are made to your specifications or are clearly personalised;
• goods which become mixed inseparably with other items after their delivery; and
• goods which you purchase as a business user (see FAQs for further information on your return rights).

The deadline for changing your mind. 

If you change your mind about a product you must let us know no later than 14 days after the day we deliver your product. If the goods are for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If the goods are split into several deliveries over different days, the period runs from the day after the last delivery. 

How to let us know. 

To let us know you want to change your mind, contact our Customer Service Team: [email protected]. 

You have to return the product at your own cost. 

You have to return the goods (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost. You can send the product back to us, using an established delivery service. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the goods at all or within a reasonable time we won't refund you the price. For help with returns, including our collection arrangements for goods which can't be posted, see our FAQs or contact our Customer Service Team: [email protected].

We only refund standard delivery costs. 

We don't refund any extra you have paid for express delivery or delivery at a particular time.

We reduce your refund if you have used or damaged a product.

 If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's condition is not "as new", price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. Our Customer Service Team: [email protected] can advise you on whether we're likely to reduce or cancel your refund.

When and how we refund you.

 If your product is goods that haven't been delivered or that we're collecting from you, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If your product is goods that you're sending back to us, we refund you within 14 days of receiving them back from you (or receiving evidence you've sent them to us). We refund you by the method you used for payment. We don't charge a fee for the refund.

You have rights if there is something wrong with your product

If you think there is something wrong with your product, you must contact our Customer Service Team: see the FAQs or email [email protected]. We will require photo proof of product fault or damage. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the European Commission’s advice on resolving your consumer complaint here. Remember too that You have several options for resolving disputes with us.

We can change products and these terms

Changes we can always make. 

We can always change a product or these terms:

• to reflect changes in relevant laws and regulatory requirements for example products that are recalled or no longer meet updated safety standards;
• to make minor technical adjustments and improvements, for example to address a security threat. These are changes that may affect your use of the product depending on the amendment to the specification; and
• to reflect any changes agreed to the Framework Agreement between the APS Group and Maersk – for further information please contact our Customer Service Team at [email protected].

Changes we can only make if we give you notice and an option to terminate. If we make any other types of change to the product or these terms, we'll notify you and you can then contact our Customer Service Team [email protected] to end the contract before the change takes effect and receive a refund for any products you've paid for in advance, but not received:

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us if:

• you don't make any payment to us when it's due and fail to comply with timeframes set following escalation to the Maersk global team;
• you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, a valid address or personalisation requirements; or
• you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us.

We don't compensate you for all losses caused by us or our products

We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

• Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
• Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We're not responsible for delays outside our control. 
• A business loss. If you are purchasing as an employee of Maersk these consumer terms do not apply and our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in the Framework Agreement between the APS Group and Maersk - for further information please contact our Customer Service Team at [email protected].

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice

You have several options for resolving disputes with us

Our complaints policy. Our Customer Service Team: [email protected] will do their best to resolve any problems you have with us or our products and we recommend you contact them in the first instance.

Resolving disputes without going to court. You can follow your internal company procedure for raising supplier complaints. Alternatively, you can find further information on alternative dispute resolution options from the European Commission here. 

You can go to court. These terms are governed by English law (unless you are purchasing as a consumer based in the United States of America, in which case the law of the State of Massachusetts shall apply) and wherever you live you can bring claims against us in the English courts (or, with respect to consumers based in the United States of America, in the courts of the State of Massachusetts). In certain circumstances you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract

Except where stated otherwise, nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and, except where Maersk are specifically referred to in this contract, neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

Document Versions

Original November 2022