In these terms and conditions "we"
and "us" mean Apple Asia Limited, 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. Hong Kong Sales Only
We
only sell and ship Products within Hong Kong. We will not make deliveries
outside
HongKong. 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 9.00am to 6.00pm, on 800-908-988. For order status
information or other assistance with an order you have
already placed with
the Apple Store, please contact Apple Sales Support at
hkstore@asia.apple.com
or on 800-908-988 between the hours of 9.00am and
6.00pm 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 clicking the "Submit My Order" button;
or
or
5.1.2 telephoning us on 800-908-988 between 9.00am
and 6.00pm Monday to
Friday, excluding Hong Kong 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 Hong
Kong dollars as indicated on your
Order Confirmation.
7.1.4 Apple Payment Processor (Merchant Bank) is in the UK. Please check with your card issuing bank regarding additional services charges applied by your bank. Any service charges imposed by your banks are not reflected in the order value on the web site.
PLEASE NOTE:
We are unable to accept credit cards issued by banks outside of Hong
Kong.
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 800-908-988. The cheque or money order must be payable to
Apple Asia Limited, and include your web order number
and/or a copy of
your order. Please mail your payment to:
Apple Asia Limited.
Att: Apple Store
Room 2401 RBS
Tower, Times Square
Causeway Bay, Hong Kong
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.
8. Prices
8.1 Should Apple reduce its price on any product you have purchased (except promotional / special / discount / refurbished products) within 14 calendar days of receiving your goods, you may contact the Apple Store Order Management team on 800-908-988 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.
9. Product
availability
9.1 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.
9.2 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.
9.3 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.
9.4 We encourage you to contact the Apple Store Sales
Support team on 800-908-988 for order status information or by email to
hkstore@asia.apple.com or navigate to
http://www.apple.com/Hong Kongstore
and click the "Your Account" button to view the status of your
order.
9.5 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.
9.6 Apple endeavours to stay at the
forefront of technological advancement. For
this reason, Apple reserves
the right to discontinue products without notice.
10. Delivery of Your Products
10.1
Apple offers a standard road freight service at no additional
charge.
10.2 We will not deliver any Products to any address
outside Hong Kong.
10.3 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).
10.4 Orders placed on the weekend or on a Public holiday
will not begin payment
processing until the next business
day.
10.5 Business days are Monday through Friday, excluding Hong
Kong Public holidays.
10.6 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.
10.7 We will use our
reasonable endeavours to deliver your Products to you according to the availability quote in 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.
10.8 Except to the extent that your Products comprise
Software, title and risk
of loss to all Products will pass to you on
delivery.
11. Delivery Conditions
Apple Store products are delivered by appointed courier(s) during business hours Monday to Friday. Signature is required for all deliveries. Order is shipped as the products become available and may result in multiple deliveries. In the event of an unsuccessful delivery, a calling card will be left to inform you to contact the courier to arrange a more convenient delivery day. For your convenience, you may prefer to have your order delivered to your office address. Please note, if you choose this option, goods may be left with reception or the Delivery Department. Delivery to a PO Box is not permitted for security reasons.
12. 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.
13. Your right to return the
products
13.1 If you are not satisfied with your Apple purchase of a pre-built product, please call 800-908-988 between 9.00am and 6.00pm Monday to Friday 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 will exchange it or offer you a refund based on your original method of payment. If the product is exchanged for an item of higher value, you will be responsible for paying the price difference. If the exchanged item is less than the value of the returned item, Apple will refund you the price difference based on the original payment method. 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 10% open box fee will be assessed on any opened hardware or accessory (per return unit). A HK$100 shipping fee will be assessed on closed box returns (per unit) 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)
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.
13.2 Before returning any Product, you must telephone
us on 800-908-988 between 9.00am and
6.00pm Monday to Friday. You must
return the Product in its original packaging.
13.3 We will refund
the price you paid for Products that you have returned in accordance with
this clause.
14. Dead On
Arrival (DOA) Product: System Failure
Out of the Box
14.1
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
AppleCare Technical
Support on 800-908-988 within 10 calendar days of the
invoice date. AppleCare Technical Support will determine whether the
product is DOA and offer you
the following options:
14.2.
Replacement: The same product that you ordered will be shipped to you at
Apple's expense. A representative from the delivery company will contact
you
within 48 hours of your call with the replacement product delivery
details and
the procedure for returning the DOA product.
14.3
Service: You may have the product repaired; however, once serviced, the
product
is no longer eligible for replacement.
14.4 Product must
be deemed DOA by AppleCare Technical Support within 10 calendar
days of
the invoice date in order to receive a replacement unit.
15. DOA Terms and Conditions
15.1 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.
15.2 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.
15.3 If the
product is deemed by AppleCare Technical Support NOT to be DOA, Apple's
standard product warranty will apply.
15.4 Shipping will be
arranged at Apple's expense for all products determined
by AppleCare
Technical Support to be DOA.
15.5 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.
16. DEFECTIVE ITEMS
16.1
Apple Branded Products
If you discover what you believe is a
product defect for any Apple-branded product,
please contact AppleCare
Technical Support on 800-908-988. 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.)
16.2 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.
17.
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.
18. Electronic Software
Downloads
18.1 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.
18.2 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.
18.3 If credit card
authorisation is not received, you will receive instructions
for
completing your purchase.
18.4 If you need technical assistance
regarding electronic software downloads,
please call Apple Technical
Software Support on 800-908-988.
18.5 Please read the product
information for Electronic Software Downloads carefully
since software
download purchases are non-refundable.
19. QuickTime Pro Keys
19.1 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.
19.2 For help with the installation
process, please call Apple Technical Support
on
800-908-988.
20. 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.
21. 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.
22. 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.
23.1 Apple is not responsible
for typographic errors.
23.2 Apple reserves the right to change
the terms and conditions of sale at the
Apple Store at any
time.
23.3 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.
24. Product
Warranty
24.1 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.
24.2 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
800-908-988.
25. Our
Liability
25.1 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.
25.2 Notwithstanding
Condition 25.1, 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.
25.3. Nothing in the Contract
shall limit or exclude our liability for death or
personal injury caused
by our negligence.
25.4. Subject to Conditions 25.2 and 25.3, 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.
25.5 Subject to Conditions 25.2, 25.3 and 25.4, 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.
26. 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.
27. General
27.1 The Contract will be governed by the laws of the Special Administrative Region of Hong Kong. Both we and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that Region.
27.2 The invalidity or unenforceability of any
provision of the Contract shall
not adversely affect the validity or
enforceability of the remaining provisions.
27.3 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.
27.4 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.
28. 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
Hong Kong located at
http://www.appleclub.com.hk/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 Hong Kong.
29. Limited Apple
Warranty For All Apple Hardware
Except iPod and
iSight