SALES & REFUND TERMS AND CONDITIONS (“TERMS”)
Choose a topic:
- 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
- Apple one year limited warranty and Consumer Rights
- Our Liability
- Contacting Apple
- Export Control
- Data Protection
- Circumstances beyond our reasonable control
- Disagreements Governing Law and Jurisdiction
- Defined Terms
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 and Services. 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. Apple reserves the right, in its sole discretion, to limit order quantity and to refuse or cancel orders above the limit. 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. Your parents or guardian are eligible to purchase on the Apple Store for Education on your behalf, as long as you comply with the conditions described in this section.
In order to be entitled to benefit from the education pricing 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 1 filling in the Order Form on the Apple Store Web Site after logging into or creating your personal account and clicking on the appropriate submission button; or 2.2.2 telephoning us on Freephone 0800 072 1154 between 09:00 and 21:00 Mondays to Fridays; or 2.2.3 filling in the Order Form and sending a hard copy to us by fax on 0870-603-0274 (national phone rate) (this facility is available 24 hours a day, 7 days a week); or 2.2.4 filling in the Order Form and sending a hard copy to us by post to AppleStore Europe, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland. 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.
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 on sending. If we cannot accept your Order we will attempt to contact you by email or telephone or post.
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. In the event of a typographical error or technological error causing a mistake in price to be shown, Apple reserves the right to correct the error and to charge you the correct price. Before it does so, Apple will notify you of the mistake and will offer you the opportunity of a full refund. You will receive a notification with or prior to your delivery. Subject to clause 11.4 below, 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.
2.7Information 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.
2.7The 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 an education pricing 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 an education pricing 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.
3. Supply of Your Products
Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation.
4.1The price for the Products will be the price indicated on your Invoice.
4.2VAT 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.
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 paragraph of the Apple Store Web Site from time to time.
5.2You 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 and/or Services 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 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.
5.5We 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.
5.6 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.
6. Delivery of Your Products
6.1Orders will not be accepted and products will not be delivered to any address outside the mainland United Kingdom, Northern Ireland or the Isle of Man. Orders and deliveries will not be possible for residents in the Channel Islands or the Isle of Wight.
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. Actual Product build times may take longer than 30 days from the confirmation of your Order, and if your Order involves build time, you agree that Apple may take more than 30 days to complete your Order. 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 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 Title to and risk of loss in your Products will pass to you on delivery of the Products to the address stated in your Order Confirmation.
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.
6.6Certain items may ship by post and cannot be tracked once they have entered the postal system. All other shipments use carrier delivery for maximum security and tracking.
7. Your Rights to Withdraw from the Contract and to Return Faulty Products or Products which are not in Conformity
7.1Right to withdraw from the contract. 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 returned Product or Service entitlement if you contact us within 14 Calendar Days of delivery of the Product or entering into the contract for the purchase of Services.
7.2 Exceptions to the right to withdraw from the contract. (i) Products. You may not return a Product and claim a refund if the Product concerned is: a) Software which we supplied to you sealed and unused and you have broken the seal or which you have successfully downloaded from the AppleStore website; or b) a personalized product such as iPod or iPad with an engraving made in accordance with your specifications. (ii) Services. You may not obtain a refund for a Service if you have commenced use of the Service.
7.3 Conditions to exercise the right to withdraw from the contract. You can exercise your right to return the Product to us or cancel the entitlement to Services and obtain a refund of the price of the returned Product or Service entitlement provided: (i) You inform us of your decision to cancel the contract within 14 Calendar Days of delivery of the Product or the date you purchased the Services; and (ii) The Product(s) are returned in their original condition and the security seals on the Product(s) are intact; and (iii) The Product(s) are returned in accordance with the procedure described in paragraph 7.4 below. Please note that while the Product(s) remain in your possession you are under a duty to ensure that the Product(s) are kept safe and secure.
7.4 Procedure to follow to claim a refund under your right to withdraw from the contract. (i) Please telephone us on 0845 600 1683 between 08:00 and 21.00 Monday to Friday or 09:00 and 20.00 Saturday and Sunday to make arrangements for return. You will then be provided with an RMA (Return Material Authorisation) number. (ii) Apple will subsequently arrange for the Product(s) to be collected by Apple´s nominated carrier. You will be contacted in advance to arrange for a suitable collection time and collection place. (iii) Before returning any Product(s) to Apple please check that you have: 1. Received a RMA number from Apple (issued on request). 2. Enclosed all accessories, in box warranties and other material supplied unless informed otherwise. 3. Used if possible all packaging that was originally supplied. Unless damaged while being opened, the original Product packaging is most suitable for use for Product returns, and unless damaged while the Product was opened, this packaging should be used. Apple reserves the right to reject a returned Product that was damaged because it was improperly packaged during the returns process. 4. Ensure the following returns address and the RMA number are clearly displayed: FAO RO Dept. Apple UKDC C/O Walsh Western UK Ltd Logix Park Watling Street (A5) Hinckley Leicestershire LE10 3HZ RMA number (please insert number provided to you) 5. Sealed the packaging securely. (iv) Following these steps will help ensure the Product(s) arrive at the correct destination and in good condition within a timely fashion. Should you fail to follow this procedure and should the condition of the Product(s) received by Apple show that you failed to discharge your obligations to take reasonable care of the Products, your refund will be reduced.
7.5 Faulty products or products which are not in conformity. If a Product was supplied in error, is incomplete or faulty and you believe that you are entitled to a replacement or repair in accordance with paragraph 10 below, please telephone us on 0845 600 1683 between 08:00 and 21.00 Monday to Friday or 09:00 and 20.00 Saturday and Sunday.
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. We regret that we are unable, under any circumstances to refund monies for an opened software package unless it is faulty.
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 in paragraph 12. 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 relevant 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 19:45 on Working Days. The telephone number for the telephone support service will be supplied with your Products. It is also published at the following URL: http://www.apple.com/uk/contact/, paragraph Customer Assistance & Tech Support. 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.
10. Apple one year limited warranty and Consumer Rights
10.1 All new Hardware carries an Apple 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 (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.
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-branded Apple products / Third Party Products Apple's one year Limited Warranty does not apply to products that are not Apple-branded, even if packaged or sold with Apple products. Non-Apple branded products may have the benefit of a manufacturer's warranty provided by the product manufacturer - please see your product box and literature for details.
10.3APPLE 1 YEAR LIMITED WARRANTY OR, IN THE CASE OF PRODUCTS THAT ARE NOT APPLE-BRANDED, THE PRODUCT MANUFACTURER'S WARRANTY (AS APPROPRIATE) BENEFITS ARE IN ADDITION TO RIGHTS PROVIDED BY CONSUMER LAW. - For details click here
11. Our Liability
11.1 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 warranty services) and the performance of any Services.
11.2 Save as set out at paragraph 11.3 below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Products or the provision of Services except as expressly stated in the Contract.
11.3 If you are not a consumer user: Any warranty, condition or other term arising out of or in connection with the supply of Products and/or the provision of Services which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where you purchased the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes. If you are a consumer user: Depending on the country in which you reside, there are certain implied warranties and conditions primarily relating to the quality of the Product which Apple is required to make, and Apple makes these implied warranties and conditions to the extent Apple is required to do so. You should contact your local citizen’s advice bureau for more information about these requirements. If these implied warranties and conditions are not required to be made by Apple, Apple does not make them. In particular, Apple will not be responsible for ensuring that the Products are suitable for your purposes unless you have made your purpose for the Product known to Apple.
11.4 In cases where consumers claim financial compensation under statute, Apple will seek to limit compensation to direct damages. If you are not entitled to financial compensation as a consumer under a statutory right, the provisions of clauses 11.5 and 11.6 shall apply. Nothing in the Contract shall limit or exclude our liability (i) for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
11.5 Subject to clause 11.4 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.
11.6 Subject to clause 11.4 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.
11.7 If you are a consumer, you may have statutory rights which may be in addition to the rights set out in these Terms, and information about these statutory rights may be obtained from citizens advice organisations. No provisions of clause 11 affect your statutory rights as a consumer. In addition, this clause does not affect your right to return the Products as per clause 7.
12. Contacting Apple
You can contact us:
- by telephone on Freephone 0800 072 1154 between 08:00 and 18:00 Mondays to Fridays;
- by post at The Apple Store, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland.
When contacting us you must quote your Web Order Number.
13. Export Control
Upon entering into a contract, 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 England or Wales and the laws of England and Wales will apply. If you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
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 for customers in the mainland United Kingdom, Northern Ireland and the Isle of Man the web address of which is http://store.apple.com/uk;
"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 United Kingdom 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 United Kingdom.
18.1 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.
18.2 Apple Distribution International is a company incorporated in England and Wales with its registered office at 100 New Bridge Street London EC4V 6JA. Company number 3143694.