Apple Store - Terms & Conditions

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1. About these Terms and Conditions

1.1 In these terms and conditions "we" and "us" mean Apple Xemplar Education Limited, 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. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email.

 

1.2 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.
iPhones purchased at the Apple Online Store can be used only with the Pay & Go service from O2. For activating all features of your iPhone you will need to purchase mobile airtime credit for use on the O2 network for a minimum of £10. Visual Voicemail and call merging are not available with the Pay & Go service from O2. 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 O2 Pay & Go service, activation of the iPhone and applicable call chargesin the links below:

 

O2 Pay & Go Terms and Conditions.

Information regarding Activation and Call Charges.

 

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.

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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. In order to be entitled to benefit from the special discounts on the Apple Store for Education you must be either a registered student and possess a valid student I.D. or accepted into an educational establishment or you must be engaged as a teacher or lecturer at an education institution  and must require the Product for your own use or for your classes or for research. Apple is entitled at any time to require that you produce evidence of your entitlement to purchase under this provision. Apple reserves the right to cancel your order in its absolute discretion if we should determine that you are not a student, teacher or lecturer and/or that you do not require the Product for your own use or for teaching or research purposes. We will inform you if we cancel your order on the above basis. Any payments you have made will be refunded to you.

 

2.2 You may place an Order by:

2.2.1 filling in the Order Form on the Apple Store Web Site after logging into or creating your personal account and clicking on the "Place my order" button;

2.2.2 telephoning us on 0800 039 1010 between 09:00 and 18:00 Mondays to Fridays.
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.

 

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 mail.
 
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, such Products are no longer being manufactured or we are unable to source relevant components. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you accept our suggestionsthen we will send you a revised Order Confirmation. 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. 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.

 

2.8 The following quantity limits per academic school year apply to purchases on the Apple Online Store for Education:

- Desktop: One (1) may be purchased per academic year
- Mac mini: One (1) may be purchased per academic year
- Notebook: One (1) may be purchased per academic year
- Display: A maximum of two (2) may be purchased per academic year
- Software: A maximum of two (2) per software title may be purchased per academic year
- Apple TV: There is no limit on the quantity of Apple TV purchases per academic year
- iPod: There is no limit on the quantity of iPod purchases per academic year

The above quantity limits apply to purchases of Apple products with a dedicated education discount on the Apple Online Store for Education, Apple on Campus Online Stores, Apple Authorised Resellers or Apple Retail stores. Total product quantities remain the same regardless of where your purchase with a dedicated education discount is made. Apple reserves the right to cancel your order if you have reached these limits. We will inform you if we cancel your order on the above basis. Any payments you have made will be refunded to you.

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3. Supply of Your Products

Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation.

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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.

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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 section 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 ordered. If we do not receive such authorisation we shall let you know. Your credit card billing address must be in the United Kingdom 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.

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6. Delivery of Your Products

6.1 Products paid for by credit card will not be delivered to any address outside the United Kingdom or the Isle of Man. Products paid for by the other methods of payment as displayed on the payment section of the Apple Store Web Site will not be delivered to any country outside the Territory.
 
6.2 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  deliver your
Products to you 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 number 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 Risk in your Products will pass to you upon our 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.

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7. Your Right to Return the Products

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 Product returned or Service entitlement if you contact us within 14 Calendar Days of delivery of the Product to you or within 14 Calendar Days of your purchase of the entitlement to Services. However, you may not return a Product to us and claim a refund if the Product concerned is Software which we supplied to you sealed and unused and you have broken the seal. You may not obtain a refund of the purchase price of a Service entitlement if you have commenced use of the Service.
 
7.2 In order to exercise your option to return a Product or entitlement to Service you are not satisfied with, you must telephone us on 0845 600 1683 between 09:00 and 18:00 Mondays to Fridays, to make arrangements for return. You must return the Products in their original packaging and the Products must be undamaged. You must obtain and retain a signed copy of delivery documentation from the carrier at the time of collection.
 
7.3 Provided the Products are returned to us undamaged we will refund the price paid for the Products you have returned.

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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.
 
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 in the form of a link 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 request a refund in writing using the Electronic Software Download Refund Form. Refund requests should be sent by post to us at the address shown in the contact details below. A refund of the purchase price shall be the extent of our liability for the unsuccessful downloading of Software.

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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 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 20:00 on Working Days. The telephone number for the telephone support service will be sent to you by post after your Products are delivered together with details of your customer number. 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. 

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10.  One (1) year Limited Warranty

10.1 All new Apple Hardware products carry 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 products (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

One-year limited warranty for iPhone

 

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 (in which case we will use reasonable endeavours to resolve these on your behalf).

 

10.3 IF YOU ARE A CONSUMER, THIS WARRANTY IS IN ADDITION TO AND DOES NOT AFFECT YOUR STATUTORY RIGHTS.

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11.  Our Liability

11.1 If you are a Consumer, nothing in the Contract shall limit or exclude our liability for breach of any term implied by statute. If you are not a Consumer:

11.1.1 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 guarantee services) and performance of the Services;
 
11.1.2 there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract; and
 
11.1.3 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, fitness for purpose, reasonable care and skill) is hereby expressly excluded. In particular, Apple will not be responsible for ensuring that the Products are suitable for your purposes.
 

 

11.2 Nothing in the Contract shall limit or exclude our liability for death or personal injury caused by our negligence or for fraud.
 
11.3 Subject to clause 11.2, 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.
 
11.4 Subject to clause11.2 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.

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12.  Contacting Apple

You can contact us:

  • by telephone on 0800 039 1010 between 09:00 and 18:00 Mondays to Fridays;
  • by post at The Education Apple Store, AppleStore Europe, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland.

 

When contacting us in relation to an Order you have placed, you must quote your Web Order Number.

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13.  Export Control

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.

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14.  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. Some of the information you provide to us will be passed to the companies we use for the shipment of Products to you. 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. 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 to other companies in the Apple group of companies or to companies whose products are available for purchase on The Apple Store in order to provide you with information from time to time on other products and services that may be of interest to you. If you do not agree to our transferring such data to such companies in order to provide you with information on other Apple or third party 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.

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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.

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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 the UK and English law will apply.

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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.

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18.  Defined Terms

 

18.1    In these terms and conditions:

'Accessory' means any ancillary Product such as a mouse or laptop bag;

"Apple Authorised Service Provider" means a service provider authorised by us to provide guarantee service;

"Apple Store Web Site" means our build-to-order web site for customers in the Republic of Ireland the web address of which is http://www.apple.com/iestore;

"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 Republic of Ireland 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;

"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;

"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 Republic of Ireland.

 

18.2 Apple Xemplar Education Limited is a company incorporated in England and Wales with its registered office at 100 New Bridge Street London EC4V 6JA. Company number 3143694.

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