SALES & REFUND TERMS AND CONDITIONS (“TERMS”)

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 and Conditions

In these terms and conditions "we" and "us" mean Apple Sales New Zealand of PO Box 912015, Auckland Mail Centre, Auckland 1142, and "you" means you the customer. Words spelt with initial capital letters are defined terms which, for your ease of reference, are set out at the end of the terms and conditions. These terms and conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other terms and conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.

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2. New Zealand Sales Only

We only sell and ship Products within New Zealand. We will not make deliveries outside New Zealand. You may not export any products purchased at the Apple Store.

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3. Sales to End Users Only

The Apple Store sells and ships products to end user customers only. Notwithstanding order confirmation Apple may cancel any order where it has reasonable grounds to believe the product is not being purchased for end use.

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4. Hours of Operation

If you would like product and pricing information, our Apple Specialists are available to assist you Monday to Friday 9.00am to 8.00pm, on 800-692-7753. For order status information or other assistance with an order you have already placed with the Apple Store, please contact Apple Sales Support on 800-692-7753 between the hours of 9.00am and 8.00pm Monday to Friday.

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5. Placing Your Order

5.1 You may place an Order by either:

5.1.1 filling in the Order Form on the Apple Store Web Site and

(a) clicking the "Submit My Order" button; or

(b) faxing a hard copy to us on 0800 508 272 (this facility is available 24 hours a day, 7 days a week);

or

5.1.2 telephoning us on 800-692-7753 between 9.00am and 8.00pm Monday to Friday, excluding New Zealand public holidays.

5.2 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.

5.3 If you wish to pay by bank transfer you must place your Order by telephone.

5.4 When you place your Order, we will issue you with a Web Order Number. We will do this by email, unless you do not have an email address, in which case we will issue your Web Order Number by fax or mail.

5.5 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. If you have not supplied an e-mail address we will fax or post the Order Confirmation to you. The Order Confirmation will be effective on sending.

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

5.7 Information contained on the Apple Store Web Site constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products.

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6. Supply of Your Products

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

6.2 When your Order has been shipped, we will email you or if you do not have an email address, we will fax you to confirm shipment.

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7. Payment Methods

7.1 Credit Card

7.1.1 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. 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.

7.1.2 The Apple Store currently accepts Visa, MasterCard and American Express

7.1.3 You must pay the price payable in New Zealand dollars as indicated on your Order Confirmation.

7.1.4 We will email or post your invoice to you at the billing address indicated on your Order Confirmation when we ship your Products to you. Your invoice will be your proof of purchase.

PLEASE NOTE:
  1. We are unable to accept credit cards issued by banks outside of New Zealand.
  2. Debit cards and cheque cards have daily spending limits that may substantially delay the processing of your order.
  3. For information about alternate payment options please review options listed in the following sections.
  4. You may be required to provide further identification for additional security reference checks.

7.2 Direct Deposit

7.2.1 The Apple Store accepts Direct Deposits as valid forms of payment. If you would like to use a Direct Deposit to pay for your order, please follow these steps:

  1. Contact the Apple Store on 800-692-7753 and place an order by phone.
  2. Obtain the final dollar total of your order, including GST, and any applicable additional charges from the Apple Store representative.
  3. Have your bank electronically transfer the total dollar amount of your order, referencing your name and web order number to:

    Apple Sales New Zealand
    Citibank New Zealand
    Branch 312840
    Account 0031562-02

Processing time varies among banking institutions and can be delayed. Please allow 3 business days for the processing of your Direct Deposit.

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8. GST

Apple Store purchases will include GST. If you phone in your order, the Apple Specialist will provide the final dollar total of your order including GST and any applicable shipping charges at the time you place your order. The invoice Apple emails or posts to you will include GST.

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9. Prices

9.1 The Apple Store endeavours to offer you competitive prices on current Apple products. Apple reserves the right to change prices for products displayed at the Apple Store at any time.

9.2 Should Apple reduce its price on any Apple-branded product within 14 calendar days from the date you receive your product, feel free to visit an Apple Retail Store or contact the Apple Contact Center at 0800-692-7753 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 14 calendar days of the price change. Please note that this excludes limited-time price reductions, such as those that occur during special sales events.

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10. Product Availability

10.1 Estimated ship time is the length of time it will take us to validate your credit card, assemble the right products and package your order. Delivery time is the length of time it will take for the package to travel from our warehouse to your shipping address.

10.2 Apple makes every effort to ship your product according to the estimated ship times provided by the Apple Store at checkout. The estimated ship times are in business days (Monday through Friday) excluding New Zealand public holidays. Estimated ship times will begin the following business day for orders placed and credit cleared after 3.00 p.m.

10.3 Although every effort is made to ship your order according to the estimated ship times provided, estimated ship times may change due to changes in supply. If the estimated ship time changes, Apple will contact you via email and provide a revised estimated ship time estimate.

10.4 We encourage you to contact the Apple Store Sales Support team on 800-692-7753 for order status information or navigate to http://www.apple.com/nz/store and click the "Your Account" button to view the status of your order.

10.5 Given the popularity of some products, Apple may restrict the number of such items that you may purchase. Any product limit restrictions will be posted on the Apple Store web site. This information is subject to change.

10.6 Apple endeavours to stay at the forefront of technological advancement. For this reason, Apple reserves the right to discontinue products without notice.

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11. Delivery of Your Products

11.1 Apple offers free shipping for orders over $99 (price excluding GST). Otherwise, shipping charges would apply.

11.2 We will not deliver any Products to any address outside New Zealand.

11.3 The estimated shipment date on your order is based on product availability, payment processing time and warehouse processing time and does not include transit time. Payment processing will not begin until we receive all the information we need and full payment (or a full authorisation, in the case of credit card, loan or lease orders).

11.4 Orders placed on the weekend or on a New Zealand public holiday will not begin payment processing until the next business day.

11.5 Business days are Monday through Friday, excluding New Zealand public holidays.

11.6 Unless otherwise agreed by us, we will deliver your Products to the ship to address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, our carrier will leave a card requesting you to telephone and arrange a suitable time and date for delivery.

11.7 We will use our reasonable endeavours to deliver your Products to you within 10 working days of the date of issue of your Order Confirmation, however, we do not guarantee that we will deliver within this time frame. If we are unable to deliver your Products to you within 30 days of the date of issue of your Order Confirmation, you will have the option to cancel your Order.

11.8 Except to the extent that your Products comprise Software, title and risk of loss to all Products will pass to you on delivery.

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12. Software Licensing

All Software is licensed to you on the terms and conditions of the applicable license agreements. These license agreements are shipped with the Software.

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13. Your right to return the products

13.1 If you are not satisfied with your Apple purchase, please visit online Self Service or call 800-692-7753 for a Return Material Authorisation (RMA).

For iPhone returns, please refer to the iPhone Return Policy section below. For eligible products, you have up to 14 calendar days from the time you receive your item(s) to initiate a return. Personalised iPods (e.g., engraved or customised in any way) may not be returned for refund or exchange under any circumstances unless such product is Dead on Arrival (see the section below for more detailed information on such Dead on Arrival products). If the item is returnable and you send it back to us unopened in the original box, Apple will offer you a refund based on your original method of payment. 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. Personalised products such as engraved iPods and iPads
  2. Opened memory
  3. Opened software
  4. Electronic software downloads
  5. Software Up-to-Date Program Products (i.e., software upgrade subscription product)
  6. Apple Gift Cards
  7. Apple Gift Packaging (origami style gift box with ribbon and greeting card)
  8. Apple Developer Connection Products (Membership and Technical Support)

iPhone Return Policy
If you are not fully satisfied with your iPhone purchase, you can return your undamaged iPhone to the Apple Online Store within 14 days of purchase for a full refund. Please visit online Order Status or call 133-622 to request a return. The iPhone must be returned in the original packaging, including any accessories, manuals, and documentation. Please note that returning your iPhone pursuant to this policy will not automatically cancel your mobile network agreement. You must contact your mobile network operator to cancel your mobile network service. If you cancel your mobile network service, you will be responsible for all applicable usage fees, prorated access charges, taxes, surcharges, or other charges imposed by your mobile network operator through the termination date, including any early termination fees or penalties, if applicable. Please contact your mobile network operator for more information about applicable fees.

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

14.1 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 on 800-692-7753 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:

14.2. 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.

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

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

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15. DOA Terms and Conditions

15.1 This DOA policy applies only to Apple-branded hardware products currently offered at the Apple Consumer Store and is subject to Condition 25.2. As new products are offered, Apple reserves the right to determine whether or not this policy applies. This DOA policy does not apply to third-party products that do not bear the Apple brand name. Subject to Condition 25.2, you may call the manufacturer directly with any third-party product issues.

15.2 Subject to Condition 25.2, if the product is deemed DOA by AppleCare Technical Support more than 10 calendar days after the invoice date, Apple's standard product warranty will apply.

15.3 Subject to Condition 25.2, if the product is deemed by AppleCare Technical Support NOT to be DOA, Apple's standard product warranty will apply.

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

15.5 Apple reserves the right to test returned DOA product. If the condition of the product is misrepresented by the customer, Apple may impose an NZ$100 handling fee.

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16. Defective Items

16.1 Apple Branded Products
Subject to Condition 25.2, if you discover what you believe is a product defect for any Apple-branded product, please contact AppleCare Technical Support on 800-692-7753. 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.)

16.2 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 1: 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.

Note 2: Nothing in this Condition 16.2 affects any rights you may have under the Consumer Guarantees Act 1993.

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17. 1-Click®

1-Click is a registered service mark of Amazon.com, Inc., used under license. 1-Click is a convenient feature that allows you to purchase from the Apple Store with a single click of your mouse. You must have a valid Apple Store account to activate 1-Click features. You can activate 1-Click features once you've signed in to your Apple Store account. Once you have activated 1-Click features, simply select the products you wish to purchase and click the "Buy with 1-Click" button. When purchasing products using 1-Click, you will have 90 minutes to change items in your 1-Click order (except for Electronic Software Downloads). By activating 1-Click, you agree with Apple's Sales and Refunds Policy. For more details about 1-Click features, please see Frequently Asked Questions. You can find the Frequently Asked Questions by clicking on "Customer Services" at the top of any Apple Store page.

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18. Electronic Software Downloads

18.1 Using a valid Apple Store Account, you can select downloadable software products for purchase at the Apple Store. At the time of checkout, we will obtain an authorisation from the credit card you have provided the Apple Store. Once credit card authorisation has been received, you will receive instructions in the form of a link to begin downloading your software.

18.2 If the transmission is interrupted in any way during download, you can use your Apple Store account and password to begin the downloading process again. Once you complete your order, you will receive a separate email acknowledgment that provides information about your purchase.

18.3 If credit card authorisation is not received, you will receive instructions for completing your purchase.

18.4 If you need technical assistance regarding electronic software downloads, please call Apple Technical Software Support on 800-692-7753.

18.5 Please read the product information for Electronic Software Downloads carefully since software download purchases, subject to Condition 25.2, are non-refundable.

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19. QuickTime Pro Keys

19.1 You can purchase a QuickTime Pro Key at the Apple Store using a valid Apple Store account. At the time of checkout, we will obtain an authorisation from the credit card you provide. Once credit card authorisation is received, you will receive an email notification that includes installation instructions and a Key code.

See the Key installation instructions: If credit card authorisation is not received, you will receive instructions for completing your purchase.

19.2 For help with the installation process, please call Apple Technical Support on 800-692-7753.

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20. Proof of Purchase

Apple will send an Order Confirmation via email if you have included an email address with your order. If you have not included an email address, you will receive an Order Confirmation by regular mail when your order is shipped.

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21. Custom-Configured Product

We are pleased to offer product that is custom-configured to your specifications, and we encourage you to review your order carefully. Since the product is built to your specifications, the order cannot be changed, modified or cancelled once your order has been prepared for shipment.

For your right to return the product please see sec. 13.

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22. Apple Store Software Licenses

Your use of Apple-branded software is on the terms of the license in effect for the software at the time of purchase. You will be asked to agree to the terms of the applicable license at the time that you install the software. You may review examples of some of Apple's licenses, including limitations, by clicking the appropriate link below. Please be aware, however, that your purchase is subject to the particular license that accompanies the software and you must agree to the terms and conditions of that license when you install the software. That license may differ from the licenses you can review here. Be certain to read the applicable license carefully before you install the software.

Software License Agreement for Mac OS 9
Software License Agreement for Mac OS X v10.2 "Jaguar"
Software License Agreement for Mac OS X v10.3 "Panther"
Software License Agreement for Mac OS X Server
Software License Agreement for Apple Works 6
Software License Agreement for Final Cut Pro
Software License Agreement for QuickTime
Software License Agreement Single User
Software License Agreement WebObjects

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23. Other Terms and Conditions

23.1 Apple is not responsible for typographic errors.

23.2 Apple reserves the right to change the terms and conditions of sale at the Apple Store at any time.

23.3 No Apple employee or agent has the authority to vary any of the Apple Store's policies or the terms and conditions governing any sale.

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24. Product Warranty

24.1 All new Apple hardware products, carry a one-year Limited Warranty against defects in materials and workmanship. You may review a copy of the Limited Warranty on new products, including its limitations and exclusions, before you purchase, by going to the end of this document.

24.2 Non-Apple-branded/Third-party products are sold "AS IS" by the Apple Store, but may be accompanied by their manufacturers' standard warranties. "AS IS" products are sold by Apple as is, where is and with all faults, and without express or implied warranties from Apple. If you have questions about any manufacturers' warranties that accompany such products, please call 800-692-7753.

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25. Our Liability

25.1 Subject to Condition 25.2, 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 and there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract. Subject to Condition 25.2, 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.

25.2 Subject to Condition 25.6, 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 by the Consumer Guarantees Act 1993) where to do so is illegal or would render any provision of this Contract void.

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

25.4. Subject to Conditions 25.2 and 25.3, 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.

25.5 Subject to Conditions 25.2, 25.3 and 25.4, 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) in question.

25.6 If you are a consumer (as defined in the Consumer Guarantees Act 1993):

(a) and you are acquiring or holding yourself out as acquiring the Products or Services for a business purpose, the Consumer Guarantees Act 1993 will not apply; and

(b) we do not guarantee that repair facilities and spare parts for the Products will be available.

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26. Data Protection

26.1 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, other than credit card details, to other companies in the Apple group of companies 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 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. We reserve the right to charge a fee for certain requests.

26.2 Your personal information will be collected and used by us in accordance with Apple's Privacy Policy.

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27. General

27.1 The Contract will be governed by the law of New Zealand. Both we and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New Zealand.

27.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.

27.3 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.

27.4 We will not be liable for any loss or damage suffered or incurred by you arising from our delay in fulfilling or failure to fulfil or otherwise discharge any of our obligations under the Contract, to the extent that such delay or failure is caused by any circumstance beyond our reasonable control.

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28. Defined Terms

In these terms and conditions:

"Accessory" means any ancillary Product;

"Apple Branded Hardware" means Hardware that is manufactured by or on behalf of Apple and carries the Apple trade mark;

"Apple Store Web Site" means our web site for customers in New Zealand located at http://www.apple.co.nz/store/;

"Apple Warranty" means Apple's standard hardware warranty, the full terms of which are set out below;

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

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

"Hardware" means any Product which is not Software;

"Invoice" means the invoice issued by us to you showing the price of the Products and which is your proof of purchase;

"Non-Apple Branded Hardware" means any Hardware that is not Apple Branded Hardware;

"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 Materials Authorisation Form" means the form 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;

"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 New Zealand.

The product warranties set out in conditions 29, 30, 31, 32 and 33 are in addition to and are not intended to limit or exclude any rights you may have under the Consumer Guarantees Act 1993.

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29. Limited Apple Warranty For All Apple Hardware Except iPod and iSight

see http://www.apple.com/legal/warranty/hardware.html

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30. Limited Apple Warranty For iPod & iSight

see http://images.apple.com/legal/warranty/docs/ipodisight.pdf

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