SALES & REFUND TERMS AND CONDITIONS (“TERMS”)
- About these Terms and Conditions
- Placing Your Order
- Supply of Your Products
- Paying for Your Products
- Delivery of Your Products
- Your Rights to Withdraw from the Contract and to Return Faulty Products or Products which are not in Conformity
- Telephone Support
- One (1) year Limited Warranty
- Our Liability
- Contacting Apple
- Export Control
- Data Protection
- Circumstances beyond our reasonable control
- Disagreements Governing Law and Jurisdiction
- Defined Terms
- Terms & Conditions for Refurbished Products
1. About these Terms and Conditions
1.1 In these terms and conditions "we" and "us" mean Apple Distribution 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. 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 and iPad Purchases: Wireless service for iPhone and/or iPad is solely provided by and is the responsibility of your selected wireless service provider. Please note that returning your iPhone and/or iPad pursuant to section 7 below will not automatically cancel your wireless service agreement. Please refer to the terms and conditions of your contract with your wireless service provider.
2. Placing Your Order
2.1 To place an Order you must be 18 years of age or over and be accessible by telephone.
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 8000 444 0396 between 09:00 and 17:00 Sunday to Thursday.
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 (subject to clause 2.6) 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: (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. 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 Please note that you may not order more than one product of each product line per transaction. For the avoidance of doubt, please note that you may order several Products in a single transaction as long as these Products don't belong to the same Product line. For instance, you may order an iPod shuffle and an iPod touch, but you may not order 2 iPod touch.
3. Supply of Your Products
Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation.
4.1 The price for the Products will be the price indicated on your Invoice.
4.2 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 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. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.
5.4 If the following methods of payment are then available and you decide to pay by 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 United Arab Emirates.
6.2 Subject to clause 6.1 we will deliver your Products to the delivery address as shown 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 8000 444 0396 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 your Products will pass to you upon the shipment of the Product to you from Apple's shipping location, which is located outside the UAE. Risk of loss to your Product will pass to you upon 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 Our carrier will perform custom clearance and pay any applicable duties on your behalf, at no extra cost to you.
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 8000 444 0396 between 09:00 and 17:00 Sunday to Thursday, 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.
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 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 below. 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 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 17:00 on Working Days. The telephone number for the telephone support service will be sent to you after your Products are delivered together with details of your customer number.
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 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
Before subjecting your Apple Hardware product to warranty service, you are responsible for making a separate backup copy of system software, application software and all data and for disabling any passwords. You are responsible for reinstalling all such software, data and passwords. We accept no liability for loss of data caused by warranty service. Whenever calling us in relation to your warranty entitlement you should do so between 08:00 and 17:00 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.
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 or for fraud.
11.3 Subject to clause11.2, 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.
12. Contacting Apple
You can contact us:
by telephone on 8000 444 0396 between 09:00 and 17:00 Sunday to Thursday;
by post at The Apple Store, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland.
When contacting us in relation to an Order you have placed, you must quote your Web Order Number.
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.
14. Data Protection
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 the Republic of Ireland and Irish law will apply.
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 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 accessible to customers in the United Arab Emirates the web address of which is http://store.apple.com/ae;
"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;
"Web Order Number" means the order number issued by us to you;
"Working Day" means any day other than a Friday, a Saturday or a public holiday in the United Arab Emirates.
18.2 Apple Distribution 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 470672.