We also got mail…
Since Friday evening a pre-sales stop of Apple’s iPad against the dealers crystallized (see my coverage over the weekend ). As I have already guessed, we are now also affected by this.Apple kindly asked us, but please remove the order possibility. As an authorized dealer, we can of course do the same, within the product page this has already happened. At the present time the iPad is still in the shallows of our shop system, however, this state is adjusted during the day still. But what does this process mean for the previous orders and generally for sales in Germany?
First of all, all pre-orders, if requested by the customer, remain valid. We will write the affected persons separately, who would like to cancel his order. By the way, compared to the latest Friday, the pre-orders for the iPad could be increased by 100 percent. In future, as with Apple, you will be able to register for the official sales start.
But what are the motives for Apple and why does Cyberport not resist this sales policy?
Formally, Apple argues with the not yet approved release by the FCC, or based on the circumstance, the Apple iPad itself not yet to sell. In this context, the fact that no German prices and availability information exist yet. As far as the purely official justification of the manufacturer. However, it can not be denied that Apple understandably does not like to see that their own dealers offer products that they themselves can not sell yet.
But why do we meet the wishes of Apple accordingly without comment and remove the iPad from our shop system? From a purely legal point of view, we could sell under German law what we would like, also products that do not yet exist-the American regulation of the FCC does not have to interest us here. For example. It would also be conceivable to offer a lunar flight, with the foreseeable “availability” in the year 2020;-). But this is only half the truth. As an authorized dealer, there are appropriate contracts between Apple and us. According to their interpretation, Apple can dictate to us what we have to sell and what is not. In general, we can distribute all authorized products of the manufacturer, only the iPad has just not been released by Apple-clear case.
Now, however, there are also traders who are not in any direct business contact with Apple.These refer to their goods, for example via normal distribution routes or partly also from abroad. Is this regulation also applicable to these distribution channels?
Basically no, however, Apple finds here also ways to gain control. Such traders can theoretically offer the iPad, but they should be careful not to use the image material of Apple.Apple holds the copyright (or, according to German law, the origin) and will conceal such traders if they use the pictures of the manufacturer for the illustration of their offers. By the way, this is a handle that not only makes use of Apple in online sales. For this reason, we also have some manufacturers who refuse to allow us to use our own image material, in order to gain control. However, they can not generally prohibit distribution under German law as long as no contractual relationship exists.
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