SALES & REFUND TERMS AND CONDITIONS (“TERMS”)

For Teachers And Higher Education Students


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.


To learn about Apple's return and refund policy, please click here. Please note there may be limitations on your right to return and obtain a refund for products.

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1. About These Terms & Conditions

In these terms and conditions "we" and "us" mean Apple Computer Australia Pty Ltd, and "you" means you the customer. In these terms and conditions 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.

We intend to rely upon the written terms set out in these terms and conditions. If you require any changes, please make sure you ask for these to be put in writing.

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2. Placing Your Order

2.1 To place an Order you must be 18 years of age or over and satisfy the criteria set out in clause 2.2 below.

2.2 To be eligible to purchase through the Apple Store for Education and to qualify for special education prices, you must be:
  • a full time or part time student aged 18 or over with a current student union card or student identification card and studying at an Apple University Consortium member or other Apple approved institution;
  • or a lecturer or staff member at an Apple University Consortium member;
  • or a teacher or lecturer working at an Apple approved and registered education establishment within Australia;
  • purchasing Product for your own personal, education and/or research use.
You can purchase one (1) desktop and/or one (1) notebook per academic year.

You will be required to provide us with acceptable evidence of your eligibility. We reserve the right to cancel some of or part of your order if we become aware that you are not a student, teacher or lecturer as set out above and/or your purchases are not for your own personal, education or research use. If we cancel your order in these circumstances, we will inform you in writing and refund any money that you may have paid.

Apple may approve and register an education establishment in its sole discretion.

2.3 You must place an Order by completing the appropriate Order Form on the Apple Store Web site.

2.4 When you place your Order, we will issue you with a Web Order Number. We will do this via the Apple Store Web Site.

2.5 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. The Order Confirmation will be effective on sending.

2.6 If we cannot accept your Order we will contact you by telephone or email.

2.7 Please note that configure-to-order Products cannot be cancelled or changed after product assembly has begun.

2.8 Information contained in our advertising, brochures, other written material, on our web sites or given to you by our agents is not an offer by us to supply any Products.

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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 Order Confirmation.

4.2 GST is payable by you at the applicable rate.

4.3 Delivery costs are payable by you as indicated.

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5. Paying for Your Product

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 Australian dollars.

5.3 You must supply your credit card details when you place your Order. 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. Your credit card billing address must be in Australia.

5.4 If you cannot pay by credit card, you must telephone us on 133 622 to arrange payment by other means. You will not be able to complete your order electronically and should save a copy of the order. You will need to forward payment to us at the time you place your Order. Once your payment is cleared and your order accepted by us, we will issue you with your Order Confirmation.

5.5 Should Apple reduce its price on any product within 10 calendar days of issuing your order confirmation, you may contact the Apple Store Order Management team at 133-MAC (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 10 calendar days of shipment.

5.6 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.

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6. Delivery of Your Products

6.1. All Products will be shipped by us to a delivery address which has been agreed by us. Delivery dates specified in the Order, the Order Confirmation or on the Education Apple Store Web Site are estimates only and we shall not be under any liability to you in respect of any failure to deliver on any particular date.

6.2. We will not deliver any Products to any address outside Australia.

6.3. Except to the extent that your Products comprise Software, title and risk of loss to all Products will pass to you on delivery. Title and the right to retake possession of the Products shall remain with Apple until all sums owning to it by you in respect of the Products are paid in full. If you fail to take delivery or the carrier is unable to unload because of your acts or omissions, the risk in the Products will still pass to you, and we shall be entitled to charge you for any additional storage costs incurred by us as a result.

6.4. We may make partial shipments on account of your orders, to be separately invoiced and paid for when due. Any delay in delivery of any instalment will not relieve you of your obligation to accept the remaining deliveries.

6.5. We reserve the right to delay shipment in the event that orders for Products exceed our available inventory, in which case we shall allocate our available inventory and make deliveries on a basis we deem equitable in our reasonable discretion, and without liability to you on account of the method of allocation chosen or its implementation.

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7. Your Right to Return the Products

7.1 If you are not satisfied with your Apple purchase of a pre-built product, please call 133 622 for a Return Material Authorization (RMA) request within 14 calendar days of Apple issuing your Order Confirmation. 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.

7.2 The product must be returned to the Apple warehouse within 14 calendar days of the issuance of the RMA.

7.3 All products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the product.

Please note that Apple does not permit the return of, or offer refunds for the following products:
  1. Product that is custom configured to your specifications
  2. Opened memory
  3. Opened software
  4. Electronic software downloads
  5. Personalised iPods
  6. Software Up to Date Program Products (SW upgrades)

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.

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8. Dead On Arrival (DOA) Product: System Failure Out of the Box

8.1 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 at 133 MAC (133 622) 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:

8.2 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.

8.3 Service: You may have the product repaired; however, once serviced, the product is no longer eligible for replacement.

Product must be deemed DOA by Apple Care Technical Support within 10 calendar days of the invoice date in order to receive a replacement unit.

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9. DOA Terms and Conditions

9.1 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.

9.2 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.

9.3 If the product is deemed DOA by Apple Care Technical Support more than 10 calendar days after the invoice date, Apple's standard product warranty will apply.

9.4 If the product is deemed by Apple Care Technical Support NOT to be DOA, Apple's standard product warranty will apply.

9.5 Shipping will be arranged at Apple's expense for all products determined by Apple Care Technical Support to be DOA.

9.6 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.

10. Defective Items

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10.1 Apple Branded Products
If you discover what you believe is a product defect for any Apple-branded product, please contact Apple Care Technical Support at 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.)

10.2 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.

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11. 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.

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12. One Year Warranty

Apple Computer Australia Pty Ltd ("Apple") warrants to you as an end-user purchaser all Apple Hardware Products, except iPod and iSight, against defects in material and workmanship for a period of One (1) YEARS after the date of the first end user purchase from Apple or an authorized Apple dealer, provided they are unused at the time of such purchase. For iPod and iSight, Apple warrants to you as an end-user purchaser against defects in material and workmanship for a period of ONE (1) YEAR after the date of the first end user purchase from Apple or an authorized Apple dealer, provided it is unused at the time of such purchase. Apple also warrants to you all unused Apple diskettes, Apple spare parts and Apple modules received by you from Apple or an authorized Apple dealer against defects in material and workmanship for a period of NINETY (90) DAYS after the date of purchase. During the applicable warranty period Apple will repair (or at its option replace) free of charge any Apple warranted hardware products, diskettes, spare parts or modules ("Warranted Products") that prove defective provided you return them properly packaged to an Authorized Apple Service Centre in Australia, all transportation charges prepaid, together with your name, address and telephone number, a description of the problem, and proof of date of the original end user purchase. There may be delays in repair or replacements in the event that parts must be obtained from another country. For full terms and conditions of the warranty, see in box terms and conditions.

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

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13. Our Liability

13.1 Nothing in the Contract shall limit or exclude our liability for breach of any term implied by statute.

13.1.1 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 the Services;

13.1.2 there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract; and

13.1.3 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 or fitness for purpose) is hereby expressly excluded.

13.2 Nothing in the Contract shall limit or exclude our liability for death or personal injury caused by our negligence or for fraud.

13.3 Subject to Conditions 13.1 and 13.2, 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.

13.4 Subject to Conditions 13.1, 13.2 and 13.3, 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.

13.5 Notwithstanding the above, nothing in this 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.

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14. Contacting Apple

You can contact us:

by telephone on 133-622 between 09:00 and 17:00 EST Mondays to Fridays;

by email at asu@apple.com.au; or

by post at Apple Education Sales, PO Box A2629, Sydney South NSW 1235

When contacting us you must quote your Web Order Number.

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15. 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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16. 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 to other companies in the Apple group of companies and our education agents 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 or to our education agents 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.

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17. 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 circumstance beyond our reasonable control.

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18. Governing Law and Jurisdiction

The Contract shall be governed by New South Wales law and both we and you submit to the exclusive jurisdiction of the New South Wales courts.

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19. Other

Apple is not responsible for typographic errors. Apple reserves the right to change the terms and conditions of sale at the Apple Store Web site at any time. All sales at the Apple Store Web site are governed by the laws of New South Wales.

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20. Defined Terms

20.1 In these terms and conditions:

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

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

"Apple Store Web Site" means our configure-to-order web site for education individual customers in Australia.

"Condition" means a condition contained in these terms and conditions;

"Contract" means these terms and conditions together with your Order;

"Consumer" means a customer who purchases Products otherwise than in the course of a business;

"Web Order Number" means the order number issued by us to you;

"Export Laws" means all laws, regulations and orders of the United States, the European Union and the United Kingdom applicable to the export, re-export, transfer or resale of Products;

"Hardware" means any Product which is not Software 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;

"Return Authorisation Documentation" means the documentation 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;

"Working Day" means any day other than a Saturday, a Sunday or a public holiday in Australia.

For full terms and conditions of the warranty, see in-box documentation'

I understand and accept the above terms and conditions.


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