Sales and Refund Policy
Please review these policies carefully as they are the terms of sale that govern your purchases at the Apple Store. They set out your rights and obligations with respect to your purchases, including important limitations and exclusions, such as those in Apple's product warranties. Your placement of an order at the Apple Store constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order.
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- About these T&Cs
- Placing Your Order
- Supply of Your Products
- Paying for Your Products
- Delivery of Your Products
- Passwords and Authority
- One Year Guarantee
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- Contacting Apple
- Export Control
- Data Protection
- Circumstances beyond our reasonable control
- Disagreements, Governing Law and Jurisdiction
- Defined Terms
In these terms and conditions "we" and "us" mean Apple Asia 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.
2.1 You may place an Order by either:
2.1.1 be a duly authorised representative of your organisation and be accessible by non cellular telephone; and
2.1.2 be a registered company or business or be a registered professional having a valid practising certification; and
2.1.3 require the Products for your own internal use and must not be engaged in the resale of Products; and
2.1.4 have a valid password if placing your Order on the Apple Store for Enterprises Web Site.
At any stage, we may ask you to provide us with proper evidence of your eligibility under the above conditions. We reserve the right to cancel all or part of your order and/or your password access if we consider that you do not satisfy the above conditions. If we cancel your Order in these circumstances, we will inform you in writing and refund any money that you may have paid.
2.2 You may place an Order by:
2.2.1 filling in the Order Form on the Apple Store for Enterprises 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 0939 between 09:00 and 18:00 Mondays to Fridays.
2.3 When you place your Order, we will issue you with a Customer Order Number. We will do this via the Apple Store for Enterprises Web Site, unless you have placed your Order by telephone, in which case we will issue your Customer Order Number by post or 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 telephone.
2.6 Once an Order has been accepted by Apple you may not cancel it unless provided for in these terms or expressly agreed in writing by Apple.
2.7 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 suggestions then 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.
2.8 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.
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 payable by you at the applicable rate as indicated on your Invoice.
4.3 Delivery costs, where applicable, are payable by you as indicated on your Invoice.
5.1 You may pay for your Products by the methods of payment as displayed on the payment section of the Apple Store for Enterprises 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 Hong Kong.
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 If you are qualified for credit from Apple, payment will be due no later than 30 days from date of invoice. (You will be invoiced when your Products are shipped.) Apple reserves the right to change credit terms at any time. Amounts overdue shall attract an additional charge at the rate of interest (computed daily for each day that the payment is late) of the one month Inter Bank Offer Rate prevailing in the country of payment plus 8% per annum which shall be payable by you in addition.
5.6 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 these by e-mail where you have indicated an e-mail address on your Order Form.
6.1 Products paid for by credit card will not be delivered to any address outside Hong Kong. Products paid for by the other methods of payment as displayed on the payment section of the Apple Store for Enterprises 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. Customers with addresses on outlying islands may not receive door to door delivery.
6.3 Delivery will take place Monday to Friday during normal business hours.
6.4 Estimated Product build times which aregiven 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. 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 the service provider indicated in the specifications and procedures. Once a delivery time for Services has been agreed then you must adhere to this. If you miss the appointment then there will be no further obligation on us to provide the Services purchased by you. If the Services cannot be provided because, for instance, you do not have the necessary infrastructure, then you will only be entitled to a refund if the provision of the Services has not yet commenced.
6.5 Unless otherwise agreed in writing all shipments (which for the purpose of this clause shall be deemed to include the contents of packaged Products as well as the packages themselves but shall exclude Services) shall be deemed correct and undamaged unless at the time of delivery you specify on our copy of delivery documentation the precise shortfall or error in delivery or inform us of such shortfall or error in writing within fourteen (14) days after the original delivery date of the given shipment. Your failure to inform us in this way shall constitute a waiver of any such claim. All communications with us must include the purchase order number, and the exact nature of the discrepancy between the order and shipment in number or type of Products shipped. For under-shipments, we shall, at our sole discretion, issue a replacement shipment or a credit to your account within thirty (30) days of receipt of your written notice.
6.6 Risk in your Products will pass to you upon our delivery of the Products to our carriers. Title will also pass at this point but is subject to full payment having been received. It is our policy to replace Products lost or damaged in transit.
6.7 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.
6.8 Locations outside major city areas may require an additional 1-2 business days for delivery. Outside major city areas include but are not limited to: Frontier Closed Area, Hei Ling Chau, Cheung Chau, Discovery Bay, Lamma Island, Lantau (except airport area and Tung Chung which can be reached by road transportation),
Ma Wan, Peng Chau, Po Toi Island, Soko Island, Sunshine Island and Park Island.
7.1 Upon receipt and acceptance by Apple of the registration form, we will issue a password, ID and customer account number for use by you for placing Orders on the Apple Store for Enterprises Web Site.
7.2 You agree that we may treat any Order placed using your password or on an Order Form as your act equivalent to a guarantee by you that you will be liable in full for any monies owing to us in respect of that Order.
7.3 You agree that password security is your responsibility.
7.4 You agree that you will not challenge the validity or enforceability of any Apple Store purchase on the grounds that it was electronically transmitted and/or authorised.
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 for Enterprises Web Site using your password and I.D.. 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 30 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.
All Hardware is guaranteed against defects in materials and workmanship for one year from date of purchase (the date of your Invoice). Where Hardware is repaired or replaced under this guarantee such repaired or replaced Hardware is covered for the longer of the remainder of the one year period or ninety days from the date of repair/replacement. Where Hardware is defective, we will provide all parts and labour necessary to repair the Hardware to proper operating order on the terms set out in this guarantee.
9.1 Hardware Only
This guarantee only covers your Hardware (as defined below); it does not cover Software, Services or any other Products. You should refer to the relevant software licences for warranties which apply to your Software.
9.2 Non Apple-branded Products
For non Apple-branded Products, all warranty claims, where relevant, should first be made either to us by phone (in which case we will use reasonable endeavours to resolve these on your behalf by reference to the manufacturer) or to the manufacturer directly in accordance with the terms of any warranty included with the Products purchased.
Before subjecting your Hardware to guarantee 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 guarantee service. Whenever calling us in relation to your guarantee entitlement you should do so between 08:00 and 18:00 on any Working Day and quote your customer number. The telephone number for guarantee service will be sent to you by post after your Products are delivered. You will bear the cost of telephone calls you make to us at your national rate.
Our guarantee for Hardware does not cover:
- damage caused by accident, misuse or neglect;
- damage caused by exposure of Hardware to an improper environment (including, without limitation, - excessive temperature or humidity, unusual physical or electrical stress, failure or fluctuation of electrical power, lightning, static electricity or fire);
- damage caused by service or modification or alteration of Hardware by anyone other than an Apple Authorised Service Provider;
- data recovery;
- any modifications to Hardware required by any legislation coming into force after the date of purchase (the date of your Invoice); or
- any Hardware of which the serial number has been removed or tampered with.
- If in the process of repair we discover that your Hardware is not eligible for guarantee service, you may, at our discretion, be liable to pay us the costs of collection and return.
10.1 These terms and conditions set out the full extent of our obligations and liabilities in respect of the supply of the Products and the performance of any Services.
10.2 There are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract.
10.3 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.
10.4 Nothing in the Contract shall limit or exclude our liability for death or personal injury caused by our negligence or for fraud.
10.5 Subject to clause 10.4 we will not be liable under the Contract for any loss of income, loss of profits, loss of contracts, loss of data or for any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise.
10.6 Subject to clause 10.4 our maximum aggregate liability under the Contract whether in contract, tort (including negligence) or otherwise shall in no circumstances exceed the amount payable by you to us in respect of the Product(s) and/or Services in question.
10.7 Notwithstanding the above, 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 in consumer transactions by the Sale of Goods Ordinance or the Supply of Services Ordinance) where to do so is illegal or would render any provision of this Contract void.
You can contact us:
by telephone 800-908-988 between 9.00am to 7.00pm Mondays to Fridays, excluding Sundays and Hong Kong public holidays; or
by post at AppleStore, 2401 NatWest Tower, Times Square, Causeway Bay, Hong Kong.
When contacting us you must quote your Web Order Number.
When contacting us in relation to an Order you have placed, you must quote your Customer Order Number.
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.
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 Apple 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.
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.
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, the Irish courts shall have jurisdiction in respect of any dispute. The Contract will be governed by the law of the Special Administrative Region of Hong Kong.
16.1 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.
16.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.
16.3 Apple verifies correct pricing prior to delivery. Orders placed for goods based on incorrect prices mistakenly announced on the Apple Store may be voidable by Apple.
16.4 Apple reserves the right to cancel any order, whether accepted or not, in the event that Apple has reasonable grounds to believe that you have or will breach these terms and conditions.
17.1 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 for Enterprises Web Site" means our build-to-order web site for customers in Hong Kong, the web address of which is http://www.apple.com/hongkongstore/;
"Contract" means these terms and conditions together with your Order Confirmation;
"Export Laws" means all laws, regulations and orders of the United States, and the Special Administrative Region of Hong Kong 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 for Enterprises Web Site;
"Product" means any product listed on the Apple Store for Enterprises 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 for Enterprises 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 Hong Kong;
"Customer 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.