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Terms & Conditions
1. About these Terms and Conditions
In these terms and conditions "we" and "us" mean Apple Sales International, and "you" means you the customer. In these terms and conditions certain words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products and Services. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
Additional Terms and Conditions for iPhone Purchases:
The purchase and use of an iPhone is subject to the general Terms and Conditions in this page and to the following additional terms and conditions. In the event of conflict between the general Terms and Conditions and these additional terms and conditions, these additional terms and conditions shall prevail in relation to iPhone purchases.
- A minimum 18 months contract on O2 dedicated tariffs for iPhone is required to activate all iPhone features. Wireless service for iPhone is solely provided by and is the responsibility of O2. You can find more details on the Terms and Conditions for activation of the iPhone and on the required O2 Service Agreement in the links below:
- Apple reserves the right, in its sole discretion, to limit order quantity and to refuse or cancel orders above the limit.
- iPhone may not be purchased for export outside of the European Economic Area, either directly or indirectly.
- If you decide to return your iPhone during the fourteen (14) Calendar Days period provided for in section 7.1 of the general Terms and Conditions, you will also need to notify O2 of such return by contacting O2 Customer Service and by cancelling your contract. You may be liable for termination fees or other charges to O2.
- Making unauthorised modifications to the software on an iPhone violates the iPhone software license agreement and the inability to use iPhone due to unauthorized software modifications is not covered under warranty. Further any such modification may render your iPhone inoperable and void your warranty.
2. Placing Your Order
2.1 To place an Order you must be 18 years of age or over and be accessible by non cellular telephone.
2.2 You may place an Order by:
2.2.1 1 filling in the Order Form on the Apple Store Web Site after logging into or creating your personal account and clicking on the appropriate submission button; or
2.2.2 telephoning us on Freephone 0800 039 1010 between 09:00 and 21:00 Mondays to Fridays; or
2.2.3 filling in the Order Form and sending a hard copy to us by fax on 0870-603-0274 (national phone rate) (this facility is available 24 hours a day, 7 days a week); or
2.2.4 filling in the Order Form and sending a hard copy to us by post to AppleStore Europe, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland. You must use the Order Form from the Apple Store Web Site.
We will not accept Orders placed in any way other than those listed above.
2.3 When you place your Order, we will issue you with a Web Order Number. We will do this via the Apple Store Web Site, unless you have placed your Order by telephone, in which case we will issue your Web Order Number when you telephone us. Please note that such a Web Order Number is supplied for reference purposes only and does not constitute our acceptance of your Order.
2.4 By placing an Order, you make an offer to us to purchase the Products you have selected on these terms and conditions. We may or may not accept your offer at our discretion.
2.5 If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by e-mail provided you have indicated an e-mail address on your Order Form. Otherwise we will send the Order Confirmation by post. The Order Confirmation will be effective on sending. If we cannot accept your Order we will attempt to contact you by email or telephone or post.
2.6 Whilst we will make every effort to supply you with the Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, (i) such Products are no longer being manufactured or available or (ii) we are unable to source relevant components or (iii) if there was a pricing error on the Apple Store Web Site. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products. Subject to clause 11.4 below, repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.
2.7 Information contained in our advertising, brochures, other written materials, on our web sites or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any products.
3. Supply of Your Products
Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation.
4. Prices
4.1 The price for the Products will be the price indicated on your Invoice.
4.2 VAT is payable by you at the applicable rate as indicated on your Invoice. No intra-community purchases can be made on The Apple Store Web Site
4.3 Delivery costs, where applicable, are payable by you as indicated on your Invoice.
5. Paying for Your Products
5.1 You may pay for your Products by the methods of payment as may be displayed on the payment paragraph of the Apple Store Web Site from time to time.
5.2 You must pay in the currency as indicated on your Invoice.
5.3 If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your Invoice or on shipment of your Products. We will not commence the manufacture of your Products neither will we supply the Products to you nor perform the Services until your credit card issuer has authorised the use of your card for payment of the Products and/or Services ordered. If we do not receive such authorisation we shall let you know. Your credit card billing address must be in the mainland United Kingdom, Northern Ireland or the Isle of Man.
We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.
5.4 If you are paying by cheque, wire transfer or post giro a request for payment will be sent to you and your Products will be manufactured and supplied and Services provided after your payment is cleared. If we do not receive payment in cleared funds within 30 days after the date of your Order then your Order will be cancelled.
5.5 We will send request for payment, your Invoice, and Products to you at the billing address indicated on your Order Confirmation. We may, however, only send the documents by e-mail where you have indicated an e-mail address on your Order Form.
6. Delivery of Your Products
6.1 Orders will not be accepted and products will not be delivered to any address outside the mainland United Kingdom, Northern Ireland or the Isle of Man. Orders and deliveries will not be possible for residents in the Channel Islands or the Isle of Wight.
6.2 Subject to clause 6.1 we will deliver your Products to the delivery address as shown on your Order Form unless you are paying for your Products by credit card in which case, we will deliver your Products to the billing address for your credit card as indicated on your Order Confirmation.
6.3 We will use our reasonable endeavours to manufacture your Products within 14
days of the date of issue of your Order Confirmation. Estimated Product build times which are given at the time of placing an Order are estimates only and do not equate to delivery times. If you have ordered several Products at one time, we may deliver such Products on different days. You may cancel your Order at any time prior to delivery of the Product ordered by calling us on 0845 600 1683 and quoting your Web Order Number. Delivery of the Services will take place after the delivery of the remaining Products in accordance with the specifications and procedures applying to those Services. Delivery times for Services will need to be agreed directly between you and Apple and/or any service provider engaged by Apple. Once a delivery time for Services has been agreed then you must adhere to this. If you miss the appointment or you do not have the necessary infrastructure despite acknowledging having this at the time the appointment was agreed, then there will be no further obligation on us to provide the Services purchased by you.
6.4 Title to and risk of loss in your Products will pass to you on delivery of the Products.
6.5 Upon delivery of the Products to our carrier we will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the Order Form.
6.6 Certain items may ship by post and cannot be tracked once they have entered the postal system. All other shipments use carrier delivery for maximum security and tracking.
7. Your Right to Return the Products or Cancel a Contract for Services and to Receive a Refund
7.1 If you are not satisfied with any Product or the terms of any entitlement to Services you have purchased from us, you may return the Product to us or cancel the entitlement to Services and obtain a refund of the price of the returned Product or Service entitlement if you contact us within 14 Calendar Days of delivery of the Product or entering into the contract for the purchase of of Services. If you choose to return a product the transportation charges set out in paragraph 7.2 paragraph D below will apply.
However, you may not return a Product and claim a refund if the Product concerned is:
a) Software which we supplied to you sealed and unused and you have broken the seal or which you have successfully downloaded from the AppleStore website; or
b) a personalized iPod with an engraving made in accordance with your specifications.
You may not obtain a refund for a Service if you have commenced use of the Service.
The transportation charges set out in paragraph 7.2 section D below will apply.
7.2
A. If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair in accordance with paragraph 10 below, please telephone us on 0845 600 1683 between 09:00 and 18.00 Monday to Friday. In the event that you are entitled to a replacement or repair in accordance with paragraph 10 below, the transportation charges referred to in paragraph 7.2 D below will not be applied.
B. If you have received the ordered Product(s) and have simply changed your mind about purchasing them you may return the Product(s) or entitlement to Service to us for a refund, subject to the payment of the transportation charges set out within paragraph 7.2 D below and provided:
i) You inform us of your decision to cancel the contract within 14 Calendar Days of delivery of the Product or the date you purchased the Services; and
ii) The Product(s) are returned in their original condition and the security seals on the Product(s) are intact; and
iii) The Product(s) are returned in accordance with paragraph 7.2 C below.
Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure.
C. Steps to Follow to Claim a Refund:
(i) Please telephone us on 0845 600 1683 between 09:00 and 18.00 Monday to Friday to make arrangements for return. You will then be provided with an RMA (Return Material Authorisation) number.
(ii) Apple will subsequently arrange for the Product(s) to be collected by Apple´s nominated carrier. You will be contacted in advance to arrange for a suitable collection time and collection place. The transportation charges set out in paragraph D below will apply save for returns carried out pursuant to paragraph 7.2A.
(iii) Before returning any Product(s) to Apple please check that you have:
1. Received a RMA number from Apple (issued on request).
2. Enclosed all accessories, in box warranties and other material supplied unless informed otherwise.
3. Used all packaging that was originally supplied.
4. Ensure the following returns address and the RMA number are clearly displayed:
FAO RO Dept.
Apple UKDC
C/O Walsh Western UK Ltd
Logix Park
Watling Street (A5)
Hinckley
Leicestershire
LE10 3HZ
RMA number (please insert number provided to you)
5. Sealed the packaging securely.
(iv) Following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion. Please note that your failure to follow this procedure may result in the returned Product(s) being rejected upon receipt and you may forfeit your right to a refund.
(v) Please note that we reserve the right to reject any Product(s) that are not returned in accordance with the provisions set out above and particularly within paragraphs B and C D.
8. Software
8.1 All Software is licensed to you on the terms and conditions of the applicable licence agreements. These licence agreements are shipped with the Software or are provided when the Software is downloaded in accordance with clause 8.3.
8.2 You shall be responsible for ensuring that any Software or Product bundle ordered by you is suitable for your requirements and is compatible with your existing systems and practices. We regret that we are unable, under any circumstances to refund monies for an opened software package unless it is faulty.
8.3 You may also purchase any downloadable Software displayed on the Apple Store Web Site. You may only pay for such Software by credit card. Once we have received payment authorisation from your credit card issuer, you will receive instructions to begin downloading your Software. If, during download, the transmission is interrupted in any way, you should begin the downloading process again. Should you be unable to complete the download, you may within 14 Calendar Days of receiving the download instructions request a refund in writing. Refund requests should be sent by post to us at the address shown in the contact details in paragraph 12. A refund of the purchase price shall be the extent of our liability for the unsuccessful downloading of Software.
9. Telephone Support
9.1 Except as otherwise stated on the Apple Store Web Site at the time you place your Order we will at no additional cost provide telephone support service for Hardware, as defined below, and Apple-branded Software (bundled and not bundled), as defined below, which you purchase from the Apple Store Web Site. The service is available for 90 days from the date of purchase (the date of your Invoice). For Support for non-Apple-branded Products you must contact the relevant manufacturer.
9.2 The telephone support service shall consist of telephone advice and guidance in relation only to set-up and installation problems and associated usability issues.
9.3 The telephone support service is available between 08:00 and 19:45 on Working Days. The telephone number for the telephone support service will be supplied with your Products. It is also published at the following URL: http://www.apple.com/uk/contact/, paragraph Customer Assistance & Tech Support. You will bear the cost of telephone calls you make to us at your national rate.
9.4 In providing telephone support, we will attempt to resolve your query when you first call us. We cannot guarantee resolution of your queries. On occasions we may need to return your call in order to suggest a resolution.
10. One (1) year Limited Warranty
10.1 All new Hardware carries a one-year limited warranty against defects in materials and workmanship. The warranty terms and conditions, which form part of and are incorporated into this Contract by reference, are available for you to see by clicking the appropriate hyperlink below. Such warranty terms and conditions are also contained in your Apple Hardware box. You may review a copy of the limited warranty on Apple Hardware products, including its limitations and exclusions, before your purchase, by clicking the appropriate link below. Such a limited warranty covers Apple Hardware (as defined below) only; it does not cover Software, Services or any other Products. You should refer to the relevant Software licences for warranties which may apply to your Software.
One-year limited warranty for new products except iPod and iSight
One-year limited warranty for iPod and iSight
Whenever calling us in relation to your warranty entitlement you should do so between 08:00 and 19:45 on any Working Day and quote your Apple Hardware´s serial number. The telephone number for warranty service is supplied with your Apple Hardware. You will bear the cost of telephone calls you make to us at your national rate.
10.2 Non-Apple-branded/Third-party Products
For non Apple-branded Products (including non Apple branded products contained in product bundles or promotions), all warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturer’s warranty which may be included with the Products purchased. In relation to any existing manufacturer’s warranty, any warranty claims should first be made either directly to the manufacturer or to us by phone.
10.3 IF YOU ARE A CONSUMER, THE WARRANTIES REFERRED TO ABOVE ARE IN ADDITION TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS.
11. Our Liability
11.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products (and performance of telephone support and warranty services) and the performance of any Services.
11.2 Save as set out at paragraph 11.3 below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Products or the provision of Services except as expressly stated in the Contract.
11.3 Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
11.4 Nothing in the Contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
11.5 Subject to clause 11.4 we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
11.6 Subject to clause 11.4 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) and/or Services in question.
11.7 This does not affect your statutory rights as a consumer, nor your right to return the Products as per clause 7.
12. Contacting Apple
You can contact us:
- by telephone on Freephone 0800 039 1010 between 08:00 and 18:00 Mondays to Fridays;
- by post at Apple Sales International, Apple Store Europe, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland.
When contacting us you must quote your Web Order Number.
13. Export Control
Upon entering into a contract, you agree to comply with all Export Laws. You agree (i) not to export any Product to any country in contravention of any Export Law, and (ii) not to export any Product to any country for which an export licence or other governmental approval is required, without first obtaining all necessary licences or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.
14. Data Protection
By placing your Order, you agree and understand that we may store, process and use data collected from your Order Form or fax Order or telephone Order for the purposes of processing your Order. Please note that we may also share such data globally within the Apple group of companies. All Apple companies will protect your information in accordance with the Apple Customer Privacy Policy available at the URL www.apple.com/legal/privacy. We work with other companies that help us provide products and services to you. For example we may provide your information to these companies for the shipment of Products to you or to ensure that you benefit from special purchase discounts or terms. In addition, where you have requested finance in order to pay for the Products ordered, some of the information you provide to us will be passed to companies providing finance for your purchase. For more detailed information on how we protect your information please refer to our customer Privacy Policy available at the URL www.apple.com/legal/privacy. If you wish to have access to the information that we hold concerning you, if you want to make any changes, or if you do not want to receive information from us or these third party companies, click www.apple.com/contact/myinfo to update your personal contact preferences or you may contact Apple’s European data controller at privacy-euro@apple.com.
15. Circumstances beyond our reasonable control
We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
16. Disagreements Governing Law and Jurisdiction
We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within England or Wales and the laws of England and Wales will apply.
17. General
17.1 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
17.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
18. Defined Terms
18.1 In these terms and conditions:
"Accessory" means any ancillary Product such as a mouse mat or a laptop bag;
"Apple Authorised Service Provider" means a service provider authorised by us to provide Services;
"Apple Store Web Site" means our build-to-order web site for customers in the mainland United Kingdom, Northern Ireland and the Isle of Man, the web address of which is http://www.apple.com/ukstore;
"Contract" means these terms and conditions together with your Order Confirmation;
"Consumer" means a customer who purchases Products otherwise than in the course of a business;
"Export Laws" means all laws, regulations and orders of the United States, the European Union and the United Kingdom applicable to the export, re-export, transfer or resale of Products;
"Hardware" means any Apple-branded Product which is not Software, Services or an Accessory;
"Invoice" means the invoice issued by us to you for the price of the Products and for Services;
"Order" means an order placed by you in accordance with these terms and conditions;
"Order Confirmation" means the order confirmation issued by us to you indicating acceptance of your Order;
"Order Form" means the electronic order form on the Apple Store Web Site;
"Product" means any product listed on the Apple Store Web Site which we agree to supply to you on these terms and conditions and may include Services;
"Return Authorisation Documentation" means the documentation issued by us to you for the return of Products;
"Services" means any chargeable or other services (excluding guarantee and telephone support services) listed on the Apple Store Web Site which we agree to supply to you on these terms and conditions;
"Software" means any Product which is software including without limitation operating systems, bundled software, stand alone software and downloadable software;
"Territory" means the countries of Austria, Belgium, Denmark, Finland, France (mainland only), Germany, Ireland, Italy, Luxembourg, Monaco, Netherlands, Norway, Spain (mainland only) Sweden, Switzerland and United Kingdom
"Web Order Number" means the order number issued by us to you;
"Working Day" means any day other than a Saturday, a Sunday or a public holiday in the United Kingdom.
18.2 Apple Sales International is a company incorporated in the Republic of Ireland with its registered office at Hollyhill Industrial Estate, Hollyhill, Cork, Ireland and with registered number 157192.
Terms & Conditions for Refurbished Products
1. About these Terms and Conditions
In these terms and conditions "we" and "us" mean Apple Sales International, and "you" means you the customer. In these terms and conditions certain words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are listed together at the end of the terms and conditions. These terms and conditions together with your Order Confirmation constitute the Contract between us and you for the supply of Products and Services. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
2. Placing Your Order
2.1 To place an Order you must be 18 years of age or over and be accessible by non cellular telephone.
2.2 You may place an Order by:
2.2.1 1 filling in the Order Form on the Apple Store Web Site after logging into or creating your personal account and clicking on the appropriate submission button; or
2.2.2 telephoning us on Freephone 0800 039 1010 between 08:00 and 20:00 Mondays to Fridays and between 9:00 and 17:00 on Saturdays.
We will not accept Orders placed in any way other than those listed above. Please note that the stock of Refurbished Products available is limited and it is possible that the Refurbished Product you order is not available anymore and that we will therefore not be able to accept your offer.
2.3 When you place your Order, we will issue you with a Web Order Number. We will do this via the Apple Store Web Site, unless you have placed your Order by telephone, in which case we will issue your Web Order Number when you telephone us. Please note that such a Web Order Number is supplied for reference purposes only and does not constitute our acceptance of your Order.
2.4 By placing an Order, you make an offer to us to purchase the Refurbished Products you have selected on these terms and conditions. We may or may not accept your offer at our discretion.
2.5 If we accept your Order, we will notify you of our acceptance by issuing an Order Confirmation. We will send your Order Confirmation to you by e-mail provided you have indicated an e-mail address on your Order Form. Otherwise we will send the Order Confirmation by post. The Order Confirmation will be effective on sending. If we cannot accept your Order e,g, because the Refurbished Product is not available anymore we will attempt to contact you by email or telephone or post.
2.6 Whilst we will make every effort to supply you with the Refurbished Products listed on the Order Confirmation, there may be occasions where we are unable to supply these Refurbished Products because, for example, (i) such Refurbished Products are no longer available or (ii) if there was a pricing error on the Apple Store Web Site. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. In the event that such alternative Product is not a Refurbished Product, we will inform you thereof. Please note that in such a case the offer is not governed by these Terms and Conditions for Refurbished Products, but by the Terms and Conditions for the purchase of new Products which can be accessed at URL: http://store.apple.com/Catalog/uk/Images/salespolicies_consumer.html. If you do not accept our suggestions then we will cancel your Order in relation to those Refurbished Products we cannot supply and repay you any money that you may have paid to us in respect of those Refurbished Products. Subject to clause 11.4 below, repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Refurbished Products you have ordered.
2.7 Information contained in our advertising, brochures, other written materials, on our web sites or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any products.
3. Supply of Your Refurbished Products
Subject to these terms and conditions, we will supply to you the Refurbished Products indicated on your Order Confirmation.
4. Prices
4.1 The price for the Refurbished Products will be the price indicated on your Invoice.
4.2 VAT is payable by you at the applicable rate as indicated on your Invoice. No intra-community purchases can be made on The Apple Store Web Site.
4.3 Delivery costs, where applicable, are payable by you as indicated on your Invoice.
5. Paying for Your Refurbished Products
5.1 You may pay for your Refurbished Products by credit or debit card.
5.2 You must pay in the currency as indicated on your Invoice.
5.3 You must supply your credit card details when you place your Order. Your credit card will be charged when we issue your Invoice or on shipment of your Refurbished Products. We will not supply any Refurbished Products to you nor perform the Services until your credit card issuer has authorised the use of your card for payment of the Refurbished Products and/or Services ordered. If we do not receive such authorisation we shall let you know. Your credit card billing address must be in the mainland United Kingdom, Northern Ireland or the Isle of Man. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.
5.4 We will send request for payment, your Invoice, and the Refubished Products to you at the billing address indicated on your Order Confirmation. We may, however, only send the documents by e-mail where you have indicated an e-mail address on your Order Form.
6. Delivery of Your Refurbished Products
6.1 Orders will not be accepted and Products will not be delivered to any address outside the mainland United Kingdom, Northern Ireland or the Isle of Man. Orders and deliveries will not be possible for residents in the Channel Islands or the Isle of Wight.
6.2 Subject to clause 6.1 we will deliver your Refurbished Products to the billing address for your credit card or as indicated on your Order Confirmation.
6.3 We will use our reasonable endeavours to deliver your Refurbished Products within 14 days of the date of issue of your Order Confirmation. Estimated delivery times which are given at the time of placing an Order are estimates only and do not equate to delivery times. If you have ordered several Refurbished Products at one time, we may deliver such Refurbished Products on different days. You may cancel your Order at any time prior to delivery of the Refurbished Product ordered by calling us on 0800 039 1010 and quoting your Web Order Number. Delivery of the Services will take place after the delivery of the remaining Refurbished Products in accordance with the specifications and procedures applying to those Services. Delivery times for Services will need to be agreed directly between you and Apple and/or any service provider engaged by Apple. Once a delivery time for Services has been agreed then you must adhere to this. If you miss the appointment or you do not have the necessary infrastructure despite acknowledging having this at the time the appointment was agreed, then there will be no further obligation on us to provide the Services purchased by you.
6.4 Title to and risk of loss in your Refurbished Products will pass to you on delivery of the Refurbished Products.
6.5 Upon delivery of the Refurbished Products to our carrier we will send you a confirmation of shipment by e-mail provided you have indicated an e-mail address on the Order Form.
6.6 Certain items may ship by post and cannot be tracked once they have entered the postal system. All other shipments use carrier delivery for maximum security and tracking.
7. Your Right to Return the Refurbished Products or Cancel a Contract for Services and to Receive a Refund.
7.1 If you are not satisfied with any Product or the terms of any entitlement to Services you have purchased from us, you may return the Product to us or cancel the entitlement to Services and obtain a refund of the price of the returned Product or Service entitlement if you contact us within 14 Calendar Days of delivery of the Product or entering into the contract for the purchase of Services. If you choose to return a Product the transportation charges set out in paragraph 7.2 paragraph D below will apply.
However, you may not return a Product and claim a refund if the Product concerned is:
Software which we supplied to you sealed and unused and you have broken the seal or which you have successfully downloaded from the AppleStore website; or
You may not obtain a refund for a Service if you have commenced use of the Service.
The transportation charges set out in paragraph 7.2 section D below will apply.
7.2
A. If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair in accordance with paragraph 10 below, please telephone us on 0800 1070149 between 08:00 and 20.00 Monday to Friday : or between 09:00 and 17:00 on Saturday. In the event that you are entitled to a replacement or repair in accordance with paragraph 10 below, the transportation charges referred to in paragraph 7.2 D below will not be applied.
B. If you have received the ordered Product(s) and have simply changed your mind about purchasing them you may return the Product(s) or entitlement to Service to us for a refund, subject to the payment of the transportation charges set out within paragraph 7.2 D below and provided:
i) You inform us of your decision to cancel the contract within 14 Calendar Days of delivery of the Product or the date you purchased the Services; and
ii) The Product(s) are returned in their original condition and the security seals on the Product(s) are intact; and
iii) The Product(s) are returned in accordance with paragraph 7.2 C below.
Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure.
C. Steps to Follow to Claim a Refund:
(i) Please telephone us on 0800 1070149 between 08:00 and 20.00 Monday to Friday and between 09:00 and 17:00 on Saturday to make arrangements for return. You will then be provided with an RMA (Return Material Authorisation) number.
(ii) Apple will subsequently arrange for the Product(s) to be collected by Apple´s nominated carrier. You will be contacted in advance to arrange for a suitable collection time and collection place. The transportation charges set out in paragraph D below will apply save for returns carried out pursuant to paragraph 7.2A.
(iii) Before returning any Product(s) to Apple please check that you have:
1. Received a RMA number from Apple (issued on request).
2. Enclosed all accessories, in box warranties and other material supplied unless informed otherwise.
3. Used all packaging that was originally supplied.
4. Ensure the following returns address and the RMA number are clearly displayed:
Walsh Western UK
Nene Group Building
Sopwith Way
Drayton Fields Industrial Estate
Daventry
NN11 5EA
RMA number (please insert number provided to you)
5. Sealed the packaging securely.
(iv) Following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion. Please note that your failure to follow this procedure may result in the returned Product(s) being rejected upon receipt and you may forfeit your right to a refund.
(v) Please note that we reserve the right to reject any Product(s) that are not returned in accordance with the provisions set out above and particularly within paragraphs B and C D.
D. The following transportation charges will apply:
i) If the total purchase price of the Product(s) returned is less than £300 excluding VAT the charge payable by you for the return is £20.00 (inclusive of VAT).
ii) If the total purchase price of the Product(s) is more than £300 excluding VAT the charge payable by you for the return is £60.00 (inclusive of VAT).
The appropriate transportation charge will be deducted from your refund payment once the Product(s) has/have been inspected and deemed complete and in good condition by Apple.
E. If you purchased a product between October 31, 2007 - December 24, 2007, you may return items up to January 8, 2008.
8. Software
8.1 All Software is licensed to you on the terms and conditions of the applicable licence agreements. These licence agreements are shipped with the Software or are provided when the Software is downloaded in accordance with clause 8.3.
8.2 You shall be responsible for ensuring that any Software or Product bundle ordered by you is suitable for your requirements and is compatible with your existing systems and practices. We regret that we are unable, under any circumstances to refund monies for an opened software package unless it is faulty.
8.3 You may also purchase any downloadable Software displayed on the Apple Store Web Site. You may only pay for such Software by credit card. Once we have received payment authorisation from your credit card issuer, you will receive instructions to begin downloading your Software. If, during download, the transmission is interrupted in any way, you should begin the downloading process again. Should you be unable to complete the download, you may within 14 Calendar Days of receiving the download instructions request a refund in writing. Refund requests should be sent by post to us at the address shown in the contact details in paragraph 12. A refund of the purchase price shall be the extent of our liability for the unsuccessful downloading of Software.
9. Telephone Support
9.1 Except as otherwise stated on the Apple Store Web Site at the time you place your Order we will at no additional cost provide telephone support service for Hardware, as defined below, and Apple-branded Software (bundled and not bundled), as defined below, which you purchase from the Apple Store Web Site. The service is available for 90 days from the date of purchase (the date of your Invoice). For Support for non-Apple-branded Products you must contact the relevant manufacturer.
9.2 The telephone support service shall consist of telephone advice and guidance in relation only to set-up and installation problems and associated usability issues.
9.3 The telephone support service is available between 08:00 and 19:45 on Working Days from Monday to Friday and from 10:00 to 17:45 pm Saturday. The telephone number for the telephone support service will be supplied with your Products. It is also published at the following URL: http://www.apple.com/uk/contact/, paragraph Customer Assistance & Tech Support. You will bear the cost of telephone calls you make to us at your national rate.
9.4 In providing telephone support, we will attempt to resolve your query when you first call us. We cannot guarantee resolution of your queries. On occasions we may need to return your call in order to suggest a resolution.
10. One (1) year Limited Warranty
10.1 All Refurbished Hardware carries a one-year limited warranty against defects in materials and workmanship. The warranty terms and conditions which are available for you to see by clicking on the appropriate hyperlink below, or which are also contained in your Apple Hardware box form part of and are incorporated into this Contract with the exception of the clause 10.2 below which supersedes and prevails over any conflicting term in such warranty terms and conditions.
10.2 The terms and conditions of the warranty provided in the hyperlink below or in your Apple Hardware box do not apply to minor cosmetic imperfections of the Refurbished Product such as scratches, marks, discolouration, etc., and no support is granted with regard to such cosmetic imperfection. Where Hardware is defective, we will provide all parts and labour necessary to repair the Hardware to proper operating order on the terms set out in this warranty however no replacement Products will be provided. In the event that repair is not possible or impractical, you will be provided with a refund for the purchase price of your Refurbished Product.
10.3 You may review a copy of the limited warranty on Apple Hardware products, including its limitations and exclusions, before your purchase, by clicking the appropriate link below. Such a limited warranty covers Apple Hardware (as defined below) only; it does not cover Software, Services or any other Products. You should refer to the relevant Software licences for warranties which may apply to your Software.
One-year limited warranty for new products except iPod
One-year limited warranty for iPod
Whenever calling us in relation to your warranty entitlement you should do so between 08:00 and 19:45 on any Working Day and quote your Apple Hardware´s serial number. The telephone number for warranty service is supplied with your Apple Hardware. You will bear the cost of telephone calls you make to us at your national rate.
10.4 Non Apple-branded Refurbished Products
For non Apple-branded Refurbished Products, all warranty claims, where relevant, should first be made either to us by phone (in which case we will use reasonable endeavours to resolve these on your behalf by reference to the manufacturer) or to the manufacturer directly in accordance with the terms of any warranty included with the Refurbished Products purchased.
10.5 IF YOU ARE A CONSUMER, THE WARRANTIES REFERRED TO ABOVE ARE IN ADDITION TO AND DO NOT AFFECT YOUR STATUTORY RIGHTS.
11. Our Liability
11.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Refurbished Products (and performance of telephone support and warranty services) and the performance of any Services.
11.2 Save as set out at paragraph 11.3 below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Products or the provision of Services except as expressly stated in the Contract.
11.3 Any warranty, condition or other term arising out of or in connection with the supply of Refurbished Products and/or the provision of Services which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where you purchased the Refurbished Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that theRefurbished Products are suitable for your purposes.
11.4 Nothing in the Contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
11.5 Subject to clause 11.4 we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
11.6 Subject to clause 11.4 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Refurbished Product(s) and/or Services in question.
11.7 This does not affect your statutory rights as a consumer, nor your right to return the Products as per clause 7.
12. Contacting Apple
You can contact us:
- by telephone on Freephone 0800 039 1010 between 08:00 and 20:00 Mondays to Fridays and between 09:00 and 13:00 on Saturdays;
- by post at Apple Sales International, Apple Store Europe, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland.
When contacting us you must quote your Web Order Number.
13. Export Control
Upon entering into a contract, you agree to comply with all Export Laws. You agree (i) not to export any Product to any country in contravention of any Export Law, and (ii) not to export any Product to any country for which an export licence or other governmental approval is required, without first obtaining all necessary licences or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.
14. Data Protection
By placing your Order, you agree and understand that we may store, process and use data collected from your Order Form or fax Order or telephone Order for the purposes of processing your Order. Please note that we may also share such data globally within the Apple group of companies. All Apple companies will protect your information in accordance with the Apple Customer Privacy Policy available at the URL www.apple.com/legal/privacy. We work with other companies that help us provide products and services to you. For example we may provide your information to these companies for the shipment of Products to you or to ensure that you benefit from special purchase discounts or terms. In addition, where you have requested finance in order to pay for the Products ordered, some of the information you provide to us will be passed to companies providing finance for your purchase. For more detailed information on how we protect your information please refer to our customer Privacy Policy available at the URL www.apple.com/legal/privacy. If you wish to have access to the information that we hold concerning you, if you want to make any changes, or if you do not want to receive information from us or these third party companies, click www.apple.com/contact/myinfo to update your personal contact preferences or you may contact Apple’s European data controller at privacy-euro@apple.com.
15. Circumstances beyond our reasonable control
We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
16. Disagreements Governing Law and Jurisdiction
We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within England or Wales and the laws of England and Wales will apply.
17. General
17.1 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.
17.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
18. Defined Terms
18.1 In these terms and conditions:
"Accessory" means any ancillary Product such as a mouse mat or a laptop bag;
"Apple Authorised Service Provider" means a service provider authorised by us to provide Services;
"Apple Store Web Sites" means our web site for both new and Refurbished Products for customers in the mainland United Kingdom, Northern Ireland and the Isle of Man, the web address of which is http:// www.apple.com/ukstore (for new products) and http://store.apple.com/Apple/WebObjects/ukstore?family=Certified (for Refurbished Products);
"Contract" means these terms and conditions together with your Order Confirmation;
"Consumer" means a customer who purchases Products otherwise than in the course of a business;
"Export Laws" means all laws, regulations and orders of the United States, the European Union and the United Kingdom applicable to the export, re-export, transfer or resale of Products;
"Hardware" means any Apple-branded Product which is not Software, Services or an Accessory;
"Invoice" means the invoice issued by us to you for the price of the Products and for Services;
"Order" means an order placed by you in accordance with these terms and conditions;
"Order Confirmation" means the order confirmation issued by us to you indicating acceptance of your Order;
"Order Form" means the electronic order form on the Apple Store Web Site;
"Product" means any product listed on the Apple Store Web Sites including a Refurbished Product which we agree to supply in accordance with the applicable general terms and conditions for Refurbished Products.
"Refurbished Product" means any refurbished product that Apple explicitly offers as refurbished products on the Apple Store Web Site for refurbished Products at http://store.apple.com/Apple/WebObjects/ukstore?family=Certified and any subsequent sub pages you may be prompted to from this URL by hyperlink;
"Return Authorisation Documentation" means the documentation issued by us to you for the return of Products;
"Services" means any chargeable or other services (excluding warranty and telephone support services) listed on the Apple Store Web Sites which we agree to supply to you on these terms and conditions;
"Software" means any Product which is software including without limitation operating systems, bundled software, stand alone software and downloadable software;
"Territory" means the countries of Austria, Belgium, Denmark, Finland, France (mainland only), Germany, Ireland, Italy, Luxembourg, Monaco, Netherlands, Norway, Spain (mainland only) Sweden, Switzerland and United Kingdom
"Web Order Number" means the order number issued by us to you;
"Working Day" means any day other than a Saturday, a Sunday or a public holiday in the United Kingdom.
18.2 Apple Computer International is a company incorporated in the Republic of Ireland with its registered office at Hollyhill Industrial Estate, Hollyhill, Cork, Ireland and with registered number 157192.
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