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Squilly

macrumors 68020
Original poster
Nov 17, 2012
2,260
4
PA
As many of you know, my brother has a Europe deal going on. My parents are paranoid as hell thinking he's doing something illegal. He has a contract with Apple for domestic business. He's shipping this domestic product to Poland where there is an Apple third party retailer. They're taking advantage of the US prices through my brother. Is it against Apple policy/a violation of contract to do this? My parents called Apple yesterday (don't know which division) and they said it was perfectly legal. Maybe they misinterpreted, I don't know. I had a thread here based on the topic a couple months back and most members here told me it was illegal. Just verifying. Google isn't helping :/
 
... Is it against Apple policy/a violation of contract to do this? .../

Read your copy of the contract.. More specifically, read your brother's copy, the one he printed, signed, and agreed to.

If you can't find a copy, then ask Apple exactly which contract applies to him. Then download it and read it.
 
Squilly, we've been over this already.

And for the love of god, are you BOTH incapable of reading? You know, the contract he signed?

I can read. I don't know where his contract is, but I know he didn't sign anything in person (probably eSign or something).
 
I'm familiar with some of the challenges of doing something similar in another country. I know nothing about Poland, but won't the products have to pass through Customs there? Won't there be a duty on commerce? If the products are shipped direct, then will the buyer be on the hook if seized by customs?

By the way, is this him?

http://www.polishforums.com/business-law-14/iphones-apple-products-market-poland-46231/
Yeah, around 17% in fees for customs. He doesn't live in Chicago.
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You know that you're still presented with a contract when you sign something electronically, right?

Yeah, I know.
 
.... He has a contract with Apple for domestic business....

in the other thread you told us his supplier was actually some company in Los Angeles that turned out not to be an authorized Apple reseller......so why would he have any contract with Apple for this stuff???

If this deal is outside of Apple's authorized distribution network, then he isn't likely to have any obligation to Apple about where he can or can't sell the stuff. And from what I remember from the other thread, it's not illegal to export these products to Poland (as long as you follow the rules of course)

Grey market product like this might mean the consumer at the end of the chain might have a hard time getting warranty coverage from Apple, but hey, that's their problem, right? right? :p
 
in the other thread you told us his supplier was actually some company in Los Angeles that turned out not to be an authorized Apple reseller......so why would he have any contract with Apple for this stuff???

If this deal is outside of Apple's authorized distribution network, then he isn't likely to have any obligation to Apple about where he can or can't sell the stuff. And from what I remember from the other thread, it's not illegal to export these products to Poland (as long as you follow the rules of course)

Grey market product like this might mean the consumer at the end of the chain might have a hard time getting warranty coverage from Apple, but hey, that's their problem, right? right? :p

Apparently he struck a deal directly with Apple, without going through Apumac.
 
Apparently he struck a deal directly with Apple, without going through Apumac.

Didn't you tell us that pallets of products been shipped weeks ago to various domestic address, but UPS was holding them and charging storage fees.......are they still sitting at UPS facilities? Or did they go to poland weeks ago?
 
Didn't you tell us that pallets of products been shipped weeks ago to various domestic address, but UPS was holding them and charging storage fees.......are they still sitting at UPS facilities? Or did they go to poland weeks ago?

One went to Poland and he got that $, the others are still on hold. He also got an attorney for some odd reason (customs or something).
 
One went to Poland and he got that $, the others are still on hold. He also got an attorney for some odd reason (customs or something).

Maybe he needs the lawyer because he tried declaring that pallet as a "gift" in an attempt to avoid paying customs duties :p

Hopefully he doesn't need the lawyer because Apple is saying he violated the terms of his agreement with them.
 
Maybe he needs the lawyer because he tried declaring that pallet as a "gift" in an attempt to avoid paying customs duties :p

Hopefully he doesn't need the lawyer because Apple is saying he violated the terms of his agreement with them.

This is what I'm looking for; is it a violation of contract to do what he's doing? But no, pretty sure it's because of the substantial amount of product going oversees without customs looking through it (or something like that).
 
This is what I'm looking for; is it a violation of contract to do what he's doing? But no, pretty sure it's because of the substantial amount of product going oversees without customs looking through it (or something like that).


Oh Squilly, we've been through this ad nauseum in your original thread.
 
This is what I'm looking for; is it a violation of contract to do what he's doing? But no, pretty sure it's because of the substantial amount of product going oversees without customs looking through it (or something like that).

Surely your brother knows why he hired a lawyer, right?

Maybe you could ask him?
 
This is what I'm looking for; is it a violation of contract to do what he's doing? But no, pretty sure it's because of the substantial amount of product going oversees without customs looking through it (or something like that).

that's of course dependent on his own contract......if his contract is for domestic resale only, then obviously he wouldn't have the same contract terms as somebody who has a contract that's buyers intending to export their purchase.

A pallet or two of product isn't really a "substantial" amount, but of course it would still need to have the proper forms and documentation. It seems more like a task for somebody with international shipping experience as opposed to a lawyer, but then you/we know only what your brother tells you, so who knows what's really happening


Surely your brother knows why he hired a lawyer, right?

Maybe you could ask him?

who knows, maybe Squally is lying to Squilly in order to hide what's really going on
 
that's of course dependent on his own contract......if his contract is for domestic resale only, then obviously he wouldn't have the same contract terms as somebody who has a contract that's buyers intending to export their purchase.

A pallet or two of product isn't really a "substantial" amount, but of course it would still need to have the proper forms and documentation. It seems more like a task for somebody with international shipping experience as opposed to a lawyer, but then you/we know only what your brother tells you, so who knows what's really happening




who knows, maybe Squally is lying to Squilly in order to hide what's really going on
International customs attorney?
 
International customs attorney?

yeah, wouldn't think you would need one if you're just shipping a pallet of product that doesn't have export or import restrictions. Freight companies that do the shipping should have the expertise to handle the paper work since it costs them money when they have to deal with a shipment stuck in customs.

But if his contract was for domestic resale only, maybe Apple didn't give him some declaration form that he would need to export the product........or maybe interpol has been tracking these scheming "Poles" :p
 
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