In these terms and conditions "we"
and "us" mean Apple Pty Limited
Ltd ABN 46 002 510 054 of PO Box A2629, Sydney South NSW 1235, and "you"
means you the
customer. Words spelt with initial capital letters are defined terms
which, for your ease of reference, are set out at the end of the terms and
conditions.
These terms and conditions together with your Order constitute
the entire Contract
between us and you for the supply of Products. No
other terms and conditions will
apply. The Contract cannot be varied
unless we agree to vary it in writing or
by email.
2. Australian Sales
Only
We only sell and ship Products within Australia. We
will not make deliveries outside
Australia. You may not export any
products purchased at the Apple Store.
3. Sales to End Users
only
The Apple Store sells and ships products to end user
customers only.
4. Hours of
Operation
If you would like product and pricing
information, our Apple Store Telesales team
are available to assist you
Monday to Friday 8.00am to 8.00pm, on 133-MAC (133
622). For order status
information or other assistance with an order you have
already placed with
the Apple Store, please contact Apple Sales Support at
applestoreorder@apple.com.au
or on 133 622 between the hours of 8.00am and
8.00pm Monday to Friday.
5.
Placing Your Order
5.1 You may place an Order by
either:
5.1.1 filling in the Order Form on the Apple Store Web
Site and
(a) clicking the "Submit My Order" button;
or
(b) faxing a hard copy to us on (02) 9972 7410 (this facility
is available 24
hours a day, 7 days a week);
or
5.1.2
telephoning us on 133 622 between 8.00am and 8.00pm (AEST) Monday to
Friday,
excluding NSW public holidays.
5.2 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.
5.3 If you wish to pay by
cheque, bank cheque or money order you must place your
Order by
telephone.
5.4 When you place your Order, we will issue you with a
Web Order Number. We will
do this by email, unless you do not have an
email address, in which case we will
issue your Web Order Number by fax or
mail.
5.5 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. 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 email. If you have not
supplied an e-mail address we will fax or post the Order
Confirmation to
you. The Order Confirmation will be effective on sending.
5.6 If
we cannot accept your Order we will contact you by telephone.
5.7
Information contained on the Apple Store Web Site constitutes an invitation
to treat. No such information constitutes an offer by us to supply any
Products.
6. Supply of
Your Products
6.1 Subject to these terms and conditions,
we will supply to you the Products
indicated on your Order
Confirmation.
6.2 When your Order has been shipped, we will email
you or if you do not have
an email address, we will fax you to confirm
shipment.
7. Payment
Methods
7.1 Credit Card
7.1.1 You may pay
for your Products by the methods of payment as displayed on
the payment
section of the Apple Store Web Site from time to time. At the time
your
order is placed, Apple obtains a pre-approval from the credit card company
for the amount of the order. Credit card billing occurs when your order
ships.
7.1.2 The Apple Store currently accepts Visa, MasterCard
and American Express
7.1.3 You must pay the price payable in
Australian dollars as indicated on your
Order Confirmation.
7.1.4
We will email or post your invoice to you at the billing address indicated
on your Order Confirmation when we ship your Products to you. Your invoice
will
be your proof of purchase.
PLEASE NOTE:
We are unable to accept credit cards issued by banks outside of
Australia.
Debit cards and cheque cards have daily spending
limits that may substantially
delay the processing of your
order.
For information about alternate payment options please
review options listed
in the following sections.
You may
be required to provide further identification for additional security
reference checks.
7.2 Cheques or Money
Orders
7.2.1 The Apple Store accepts money orders, Personal
and Company Cheques as valid
forms of payment. If you wish to pay by
cheque or money order, you may order by
phone at 133-MAC (133-622). The
cheque or money order must be payable to Apple Pty Limited,
and include your web order number and/or a copy of
your order. Please mail
your payment to:
Apple Pty Limited.
Att: Apple
Store
PO Box A2629,
Sydney South NSW 1235
7.2.2 Apple
must receive your payment within 10 calendar days or your order will
be
cancelled. Please allow 1 business day for order processing after Apple
receives
your payment and clearance from the Bank.
7.3 Direct
Deposit
7.3.1 The Apple Store accepts Direct deposits as a valid form of payment. If you would like to use a Direct Deposit to pay for your order, please follow these steps:
1. Contact the Apple
Store at 133-MAC (133 622) and place an order by phone.
2. Obtain the
final dollar total of your order including GST and any applicable
additional charges from the Apple Store
representative.
3. Have
your bank electronically transfer the total dollar amount of your order
referencing your name and web order number to:
Apple Pty Limited
Citibank
BSB#: 244 000
Account #: 103649013
Reference your Web Order Number
Processing time varies among banking
institutions and can be delayed. Please allow
1 business day for the
processing of your Direct Deposit.
7.4 Lease/Finance Company Arrangements
If you would like to arrange finance for your Order through a finance company, please let us know by calling 133-MAC (133-622).
We require finance company approval in a form acceptable to us before we could accept your Order.
In the event that finance is not approved, and you do not arrange for an alternate method of payment, your Order will be cancelled.
If finance is approved you agree that you nevertheless remain responsible for the payment of the full price of those products at all times, and if for any reason the finance company does not pay the full price of the products ordered by you, then you will pay for those products as directed by us.
8.
GST
Apple Store purchases will include GST. If you phone
in your order, the Apple
Store sales representative will provide the final
dollar total of your order including
GST and any applicable shipping
charges at the time you place your order. The
invoice Apple emails or
posts to you will include GST.
9.
Prices
9.1 The Apple Store endeavours to offer you
competitive prices on current Apple
products. Apple reserves the right to
change prices for products displayed at
the Apple Store at any time.
9.2 Should Apple reduce its price on any product you have purchased within 14 calendar days of receiving your goods, you may contact the Apple Store Order Management team on 133 622 to request a refund or credit of the difference between the price you were charged and the current selling price. To receive the refund or credit you must contact Apple within 14 calendar days of receiving your goods.
10. Product
availability
10.1 Estimated ship time is the length of
time it will take us to validate your credit
card, assemble the right
products and package your order. Delivery time is the
length of time it
will take for the package to travel from our warehouse to your
shipping
address.
10.2 Apple makes every effort to ship your product
according to the estimated
ship times provided by the Apple Store at
checkout. The estimated ship times are
in business days (Monday through
Friday) excluding Public holidays. Estimated ship times
will begin the
following business day for orders placed and credit cleared after
3.00
p.m. AEST.
10.3 Although every effort is made to ship your order
according to the estimated ship times
provided, estimated ship times may
change due to changes in supply. If the estimated ship time
changes, Apple
will contact you via email and provide a revised estimated ship time
estimate.
10.4 We encourage you to contact the Apple Store Sales
Support team on 133-MAC
(133-622) for order status information or visit
applestoreorder@apple.com.au or
navigate to http://www.apple.com.au/store
and click the "Your Account" button
to view the status of your order.
10.5 Given the popularity of some products, Apple may restrict
the number of such
items that you may purchase. Any product limit
restrictions will be posted on
the Apple Store web site. This information
is subject to change.
10.6 Apple endeavours to stay at the
forefront of technological advancement. For
this reason, Apple reserves
the right to discontinue products without notice.
11. Delivery of Your Products
11.1 Apple offers free shipping for orders over $90 (price excluding GST). Otherwise, shipping charges would apply.
11.2 We will not deliver any Products to any address
outside Australia.
11.3 The estimated shipment date on your order
is based on product availability,
payment processing time and warehouse
processing time and does not include transit
time. Payment processing will
not begin until we receive all the information we
need and full payment
(or a full authorisation, in the case of credit card, loan
or lease
orders).
11.4 Orders placed on the weekend or on a Public holiday
will not begin payment
processing until the next business
day.
11.5 Business days are Monday through Friday, excluding NSW
Public holidays.
11.6 Unless otherwise agreed by us, we will
deliver your Products to the ship
to address indicated on your Order
Confirmation. If no-one is available to take
delivery of your Products,
our carrier will leave a card requesting you to telephone
and arrange a
suitable time and date for delivery.
11.7 We will use our
reasonable endeavours to deliver your Products to you within
10 working
days of the date of issue of your Order Confirmation, however, we do
not
guarantee that we will deliver within this time frame. If we are unable to
deliver your Products to you within 30 days of the date of issue of your
Order
Confirmation, you will have the option to cancel your
Order.
11.8 Except to the extent that your Products comprise
Software, title and risk
of loss to all Products will pass to you on
delivery.
12. Shipping Preferences
12.1 Apple offers two shipping options. You can either choose split shipments or a single complete shipment.
12.1.1 If split shipment is selected, the products in your order will be shipped as they become available without waiting for all the products to be available. This means that you may receive more than one delivery for a multiple item order. To select split shipment option, leave the shipping option checkbox checked (as it is) on the delivery method section of the checkout page. The default mode of shipment is split shipment.
12.1.2 If complete shipment is selected, all the products in your order will be shipped in a single shipment. To select the complete shipment option, uncheck the check box on the delivery method section of the checkout page.
12.1.3 At Apple's discretion certain types of products (excepted Products) can only be shipped as a split shipment and Customer will not be able to opt to receive these products as a single complete shipment.
13. Software
Licensing
All Software is licensed to you on the terms and
conditions of the applicable
licence agreements. These licence agreements
are shipped with the Software.
14. Your right to return the
products
14.1 If you are not satisfied with your Apple purchase of a pre-built product, please call 133 622 for a Return Material Authorisation (RMA) request within 14 calendar days of the receipt of the product.
If the item is returned unopened in the original box, we exchange it or offer you a refund based on your original method of payment. The product must be returned to the Apple warehouse within 14 calendar days of the issuance of the RMA. All products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the product. A shipping fee of A$20 will be assesed on open box returns. A $20 shipping fee will be assessed on closed box returns in which Apple collects the product from you.
Please note that Apple does not permit the return of, or offer refunds for the following products:
Product that is custom configured to your specifications
Opened memory
Opened software
Electronic software downloads
Personalised iPods
Software Up to Date Program Products (SW upgrades)
iTunes Gift Cards
Non-Apple branded/Third party products
* NOTE: Apple recommends that you (1) use a carrier that offers
shipment tracking for all returns and (2) either insure your package
for safe return to Apple or declare the full value of the shipment so
that you are completely protected if the shipment is lost or damaged
in transit. If you choose not to (1) use a carrier that offers
tracking and (2) insure or declare the full value of the product, you
will be responsible for any loss or damage to the product during
shipping.
15. Dead On Arrival (DOA) Product: System
Failure
Out of the Box
15.1 An Apple-branded hardware
product is considered DOA if it shows symptoms
of a hardware failure,
preventing basic operability, upon its first use out of
the box. If you
believe that your product is DOA, please call Apple Care Technical
Support
on 1300 321 456 within 10 calendar days of the invoice date. Apple
Care Technical Support will determine whether the product is DOA and offer
you
the following options:
15.2. Replacement: The same product
that you ordered will be shipped to you at
Apple's expense. An Apple Store
Sales Support representative will contact you
within 24 hours of your call
with the replacement product delivery details and
the procedure for
returning the DOA product.
15.3 Service: You may have the product
repaired; however, once serviced, the product
is no longer eligible for
replacement.
15.4 Product must be deemed DOA by AppleCare
Technical Support within 10 calendar
days of the invoice date in order to
receive a replacement unit.
16. DOA
Terms and Conditions
16.1 This DOA policy applies only to
Apple-branded hardware products currently
offered at the Apple Consumer
Store. As new products are offered, Apple reserves
the right to determine
whether or not this policy applies. This DOA policy does
not apply to
third-party products that do not bear the Apple brand name. You may
call
the manufacturer directly with any third-party product issues.
16.2 If the product is deemed DOA by AppleCare Technical Support
more than 10
calendar days after the invoice date, Apple's standard
product warranty will apply.
16.3 If the product is deemed by
AppleCare Technical Support NOT to be DOA, Apple's
standard product
warranty will apply.
16.4 Shipping will be arranged at Apple's
expense for all products determined
by AppleCare Technical Support to be
DOA.
16.5 Apple reserves the right to test returned DOA product.
If the condition of
the product is misrepresented by the customer, Apple
may impose a $100 handling
fee.
17. DEFECTIVE ITEMS
17.1
Apple Branded Products
If you discover what you believe is a
product defect for any Apple-branded product,
please contact AppleCare
Technical Support on 133-MAC (133-622). Such a defect,
if any, is covered
under the terms of your product's warranty. Please refer to
the warranty
information and other supporting documentation that came with your
product. (See Product Warranty section below for specific information
about Apple's
product warranties.)
17.2 Non-Apple
Branded/Third-Party Products
If you discover what you believe is a
product defect for any third-party product,
please contact the
manufacturer directly for information regarding the manufacturer's
warranty.
Note: Products sold through this web site that do
not bear the Apple brand
name are serviced and supported exclusively by
their manufacturers in accordance
with terms and conditions packaged with
the products. Apple's Limited Warranty
does not apply to products that are
not Apple-branded, even if packaged or sold
with Apple
products.
18.
1-Click®
1-Click is a registered service mark of
Amazon.com, Inc., used under license.
1-Click is a convenient feature that
allows you to purchase from the Apple Store
with a single click of your
mouse. You must have a valid Apple Store account to
activate 1-Click
features. You can activate 1-Click features once you've signed
in to your
Apple Store account. Once you have activated 1-Click features, simply
select the products you wish to purchase and click the "Buy with 1-Click"
button.
When purchasing products using 1-Click, you will have 90 minutes
to change items
in your 1-Click order (except for Electronic Software
Downloads). By activating
1-Click, you agree with Apple's Sales and
Refunds Policy. For more details about
1-Click features, please see
Frequently Asked Questions. You can find the Frequently
Asked Questions by
clicking on "Customer Services" at the top of any Apple Store page.
19. Electronic Software
Downloads
19.1 Using a valid Apple Store Account, you can
select downloadable software products
for purchase at the Apple Store. At
the time of checkout, we will obtain an authorisation
from the credit card
you have provided the Apple Store. Once credit card authorisation
has been
received, you will receive instructions in the form of a link to begin
downloading your software.
19.2 If the transmission is
interrupted in any way during download, you can use
your Apple Store
account and password to begin the downloading process again.
Once you
complete your order, you will receive a separate email acknowledgment
that
provides information about your purchase.
19.3 If credit card
authorisation is not received, you will receive instructions
for
completing your purchase.
19.4 If you need technical assistance
regarding electronic software downloads,
please call Apple Technical
Software Support on 133 622.
19.5 Please read the product
information for Electronic Software Downloads carefully
since software
download purchases are non-refundable.
20. QuickTime Pro Keys
20.1 You
can purchase a QuickTime Pro Key at the Apple Store using a valid Apple
Store account. At the time of checkout, we will obtain an authorisation
from the
credit card you provide. Once credit card authorisation is
received, you will
receive an email notification that includes
installation instructions and a Key
code.
If
credit card authorisation is not received, you will receive instructions
for
completing your purchase.
20.2 For help with the installation
process, please call Apple Technical Support
on 133-MAC
(133-622).
21. Proof of
Purchase
Apple will send an Order Confirmation via email
if you have included an email
address with your order. If you have not
included an email address, you will receive
an Order Confirmation by
regular mail when your order is shipped.
22. Custom-Configured
Product
We are pleased to offer product that is custom-configured
to your specifications, and we encourage you to review
your order carefully. Since the product is built to your
specifications, the order cannot be changed, modified or
cancelled once your order has been prepared for shipment.
However, for custom-configured Mac Pro, the order cannot be changed, modified or
cancelled once it is in production.
23. Apple
Store Software Licenses
Your use of Apple-branded software
is on the terms of the license in effect for
the software at the time of
purchase. You will be asked to agree to the terms
of the applicable
license at the time that you install the software. You may review
examples
of some of Apple's licenses, including limitations, by clicking the
appropriate
link below. Please be aware, however, that your purchase is
subject to the particular
license that accompanies the software and you
must agree to the terms and conditions
of that license when you install
the software. That license may differ from the
licenses you can review
here. Be certain to read the applicable license carefully
before you
install the software.
24.1 Apple is not responsible
for typographic errors.
24.2 Apple reserves the right to change
the terms and conditions of sale at the
Apple Store at any
time.
24.3 No Apple employee or agent has the authority to vary
any of the Apple Store's
policies or the terms and conditions governing
any sale.
25. Product
Warranty
25.1 All new Apple hardware products, carry a
one-year Limited Warranty against
defects in materials and workmanship.
You may review a copy of the Limited Warranty
on new products, including
its limitations and exclusions, before you purchase,
by going to the end
of this document.
25.2 Non-Apple-branded/Third-party products are
sold "AS IS" by the Apple Store,
but may be accompanied by their
manufacturers' standard warranties. "AS IS" products
are sold by Apple as
is, where is and with all faults, and without express or
implied
warranties from Apple. If you have questions about any manufacturers'
warranties that accompany such products, please call 133-MAC
(133-622).
26. Our
Liability
26.1 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 the Services
and there are no warranties,
conditions or other terms that are binding on us
except as expressly
stated in the Contract. Any warranty, condition or other term
concerning
the Products or Services which might otherwise be implied into or
incorporated
in the Contract by statute, common law or otherwise
(including without limitation
any implied term as to quality or fitness
for purpose) is hereby expressly excluded.
26.2 Notwithstanding
Condition 26.1, nothing in the Contract excludes, restricts
or modifies
any condition, warranty, right or liability implied into this Contract
(including any condition, warranty, right or liability imposed by the
Trade Practices
Act 1974) where to do so is illegal or would render any
provision of this Contract
void.
26.3. Nothing in the Contract
shall limit or exclude our liability for death or
personal injury caused
by our negligence.
26.4. Subject to Conditions 26.2 and 26.3, 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.
26.5 Subject to Conditions 26.2, 26.3 and 26.4, 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) in
question.
27. Data
Protection
By placing your Order, you agree that we may
store, process and use data collected
from your Order Form for the
purposes of processing your Order. If you so indicate
on the appropriate
section of your Order Form, by placing your Order you also
agree that we
may transfer such data, other than credit card details, to other
companies
in the Apple group of companies in order to provide you with information
from time to time on other Apple products and services that may be of
interest
to you. If you do not agree to our transferring such data to
other companies in
the Apple group of companies in order to provide you
with information on other
Apple products and services, you should indicate
your non-agreement on the appropriate
section of your Order Form. You may
obtain a copy of the data held by us concerning
you on request in writing.
We reserve the right to charge an administration fee
for processing such
request. If any data held by us concerning you is incorrect,
we will
correct it on your written request.
28. General
28.1 The Contract will
be governed by the law of New South Wales. Both we and
you irrevocably and
unconditionally submit to the non-exclusive jurisdiction of
the courts of
that state.
28.2 The invalidity or unenforceability of any
provision of the Contract shall
not adversely affect the validity or
enforceability of the remaining provisions.
28.3 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.
28.4 We will not be liable for any loss or
damage suffered or incurred by you
arising from our delay in fulfilling or
failure to fulfil or otherwise discharge
any of our obligations under the
Contract, to the extent that such delay or failure
is caused by any
circumstance beyond our reasonable control.
29. Defined Terms
In these
terms and conditions:
"Accessory" means any ancillary
Product;
"Apple Branded Hardware" means Hardware that is
manufactured by or on behalf of
Apple and carries the Apple trade
mark;
"Apple Store Web Site" means our web site for customers in
Australia located at
http://www.apple.com.au/store/;
"Apple
Warranty" means Apple's standard hardware warranty, the full terms of which
are set out below;
"Condition" means a condition contained in
these terms and conditions;
"Contract" means these terms and
conditions together with your Order;
"Hardware" means any Product
which is not Software;
"Invoice" means the invoice issued by us to
you showing the price of the Products
and which is your proof of
purchase;
"Non-Apple Branded Hardware" means any Hardware that is
not Apple Branded Hardware;
"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;
"Return Materials Authorisation Form"
means the form issued by us to you for the
return of
Products;
"Services" means any services relating to Products
(including without limitation
warranty and telephone support services)
that we agree to supply to you on these
terms and
conditions;
"Software" means any software comprised in the
Products including without limitation
operating systems, bundled software
and stand alone software;
"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 New South
Wales.
30. Limited Apple
Warranty For All Apple Hardware
Except iPod and
iSight