SALES & REFUND TERMS AND CONDITIONS (“TERMS”)
Apple Store for Business Customers
Terms and Conditions of Sale
Choose a topic:
- About these Terms and Conditions
- Placing Your Order
- Supply of Your Products
- Paying for Your Products and/or Services
- Shipment, Risk and Title
- Passwords and Authority
- Telephone Support
- One (1) year Limited Warranty
- Our Liability
- Contacting Apple
- Export Control
- Data Protection
- Circumstances beyond our reasonable control
- Disagreements Governing Law and Jurisdiction
- Defined Terms
1. About these Terms and Conditions
1.1 In these terms and conditions "we" and "us" mean Apple Distribution International, having its registered offices at Hollyhill Industrial Estate, Hollyhill, Cork, Ireland, 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 shall apply to your Order for the supply of Products and Services. No other terms and conditions shall apply, including but not limited to any terms and conditions stated on Orders placed by you, unless Apple expressly agrees to such terms and conditions in writing by signature of an authorised signatory of Apple Distribution International.
The Contract cannot be varied unless we agree to vary it in writing by signature of an authorised signatory of Apple Distribution International. No party other than the Customer and Apple shall be entitled to any legal rights under the Contract.
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.
2. Placing Your Order
2.1 You may place an Order by filling in the Order Form on the Apple Store for Business Web Site, submitting the user ID and password and clicking on the appropriate submission button. Alternatively, you may place an Order by fax at the following fax number: 0800 039 0550. Please ensure at your own responsibility when faxing the Order that the Order (i) is duly signed by an authorised representative of the Customer and (ii) either stamped with the Customer´s official stamp or printed on the Customer´s letterhead. Orders placed in any other way, including but not limited to, Orders placed by telephone or by e-mail, are not valid and will not be accepted by us.
2.2 When you place your Order, we will provide you with a Web Order Number via the Apple Store for Business Web Site. Please note that such a Web Order Number is supplied for reference purposes only and does not constitute our acceptance of your Order.
2.3 By placing an Order, you make an offer to us to purchase the Products and/or Services you have selected on these terms and conditions. We may or may not accept your offer at our discretion.
2.4 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 provided you have indicated an e-mail address on your Order Form or fax Order. Otherwise we will send the Order Confirmation by post or by fax. The Order Confirmation will be effective on sending. If we do not accept your Order we will attempt to contact you by email or telephone or post.
2.5 Whilst we will make every effort to supply you with the Products and/or Services listed on the Order Confirmation, there may be occasions where we are unable to supply these Products and/or Services because, for example, (i) such Products or Services 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 for Business Web Site. In such circumstances we will contact you to inform you and may suggest alternative Products or Services that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order and repay you any money that you may have paid to us in respect of your Order. Subject to clause 11.4, repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products and/or Services you have ordered.
2.6 Once we have sent you the Order Confirmation you may not cancel your Order unless such right of cancellation has been expressly agreed upon in writing by signature of our authorised signatory of Apple Distribution International.
2.7 Information contained in any advertising, brochures, other written materials, on any web sites or which are 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 and/or Services.
3. Supply of Your Products
Subject to these terms and conditions, we will supply to you (but not install) the Products and/or Services indicated on your Order Confirmation.
4.1 The price for the Products and Services will be the price indicated in the Order Confirmation.
4.2 VAT is payable by you at the applicable rate as indicated in the Order Confirmation.
5. Paying for Your Products and/or Services
5.1 You may pay for your Products and/or Services by the methods of payment as displayed on the payment section of the Apple Store for Business 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 an authorization 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 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 At our option, shipments may be made on such credit terms as we decide to extend to you at the time an Order is accepted. If you are qualified for credit from Apple and if you fulfil the credit conditions defined by us from time to time at our discretion, payment will be due no later than 30 days from the date of invoice. We reserve the right, upon written notice to you, to declare all sums immediately due and payable in the event of a breach by you of any of your obligations to us, including failure by you to comply with the credit terms. We also reserve the right either generally or with respect to any specific order to vary, change or limit the amount or duration of credit to be allowed to you. Amounts overdue shall attract an additional interest charge at the rate of interest (computed daily for each day that payment is late) of the one month Inter Bank Offer Rate prevailing in the country of payment plus 8% p.a.
5.6 If we have reasonable grounds to believe that (i) you will fail to pay for such an Order in accordance with clause 5 above or the agreed credit terms; and/or (ii) that you will not comply with the agreed maximum credit amount which we may have granted to you, we are entitled to postpone or to refuse delivery of an Order.
5.7 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.
5.8 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. Shipment, Risk and Title
6.1 All Products will be shipped by us to your delivery address which has been agreed by us. Delivery dates which might be specified in the Order, the Order Confirmation, any other communication from us (whether oral or in writing) or on the Apple Store for Business 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 Delivery will take place on Working Days during normal business hours.
6.3 We will not deliver any Products or provide any Services to any address outside of the United Kingdom and the Isle of Man.
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 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 and the number of packages) 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 Web 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 of loss of or damage to Products will pass to you upon our delivery of Products to our nominated carrier. We may at our discretion decide to replace Products lost or damaged in transit on a case-by-case basis.
6.7 Title to the Products and the right to retake possession of the Products shall remain with us until all amounts owing to us in respect of the Products have been fully paid to us in cleared funds. Where payment is not made after reasonable demand, we may retake possession of the Products at your cost and for that purpose you grant us an irrevocable licence to enter the premises where the Products then are, and, at our option, in doing so to act in your name. So long as such title to and rights over Products remains with us, you shall keep the Products stored in such a manner which enables them to be identified as the Products and, wherever required by us, identify the Products to us.
6.8 Holiday Return Policy
Items purchased at the Apple Online Store that are received between November 1, 2013 and December 25, 2013, may be returned through January 7, 2014. Please note that all other terms and conditions provided in the Apple Online Store Sales and Refunds Policy are still applicable with respect to such items purchased. All purchases made after December 25, 2013 are subject to the Standard Return Policy.
7. Passwords and Authority
7.1 Upon receipt and acceptance by Apple of the Application Form available online at the URL http://store.apple.com/uk-business/browse/campaigns/apple_business_experts we will issue a password, ID and customer account number for use by you for placing Orders on the Apple Store for Business Web Site.
7.2 You agree that we may treat any Order placed using your password or on an Order Form or by fax in accordance with section 2.1 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 solution 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 Business Web Site using your password and user 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. Subject to clause 11.4, 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 for Business 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 for Business 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 have to contact the manufacturer.
9.2 The telephone support service shall consist of telephone advice and guidance in relation only to set-up and installation problems and associated usability issues.
9.3 The telephone support service is available between 08:00 and 20:00 on Working Days. The telephone number for the telephone support service will either be supplied with your Products or will be sent to you by post together with details of your customer number after your Products are delivered. 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 all your queries. On occasions we may need to return your call in order to suggest a resolution.
10. One (1) year Limited Warranty
10.1 All new Apple Hardware products carry a one-year limited warranty against defects in materials and workmanship. The warranty terms and conditions, which form part of and are incorporated into this Contract by reference, are available for you to see by clicking the appropriate hyperlink below. Such warranty terms and conditions are also contained in your Apple Hardware box. You may review a copy of the limited warranty on Apple Hardware products, including its limitations and exclusions, before your purchase, by clicking the appropriate link below. Such a limited warranty covers Apple Hardware products (as defined below) only; it does not cover Software, Services or any other Products. You should refer to the relevant Software licences for warranties which may apply to your Software.
Before subjecting your Apple Hardware product to warranty service, you are responsible for making a separate backup copy of system software, application software and all data and for disabling any passwords. You are responsible for reinstalling all such software, data and passwords. We accept no liability for loss of data caused by warranty service.
Whenever calling us in relation to your warranty entitlement you should do so between 08:00 and 18:00 on any Working Day and quote your Apple Hardware’s serial number. The telephone number for warranty service is supplied with your Apple Hardware. You will bear the cost of telephone calls you make to us at your national rate.
10.2 Non-Apple-branded/Third-party Products
For non Apple-branded Products (including non Apple branded products contained in product bundles or promotions), all warranty claims, where relevant, are to be made in accordance with the terms and conditions of any standard manufacturer´s warranty which may be included with the Products purchased. In relation to any existing manufacturer´s warranty, any warranty claims should first be made either directly to the manufacturer or to us by phone (in which case we will use reasonable endeavours to resolve these on your behalf).
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 There are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract.
11.3 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, 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.
11.4 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.
12. Contacting Apple
You can contact us:
- by telephone on 0800 058 2222 between 08:00 and 18:00 on Working Days; or
- by email at email@example.com ; or
- by post at Apple Distribution International, The Apple Store, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland.
When contacting us in relation to an Order you have placed, you must quote your Web Order Number.
13. Export Control
You agree to comply with all Export Laws. You agree (i) not to export any Product to any country in contravention of any Export Law, and (ii) not to export any Product to any country for which an export licence or other governmental approval is required, without first obtaining all necessary licences or other approvals. You warrant that you are not located in, under the control of, or a national or resident of any country to which export of the Products is prohibited by any Export Law.
14. Data Protection
15. Circumstances beyond our reasonable control
We will make every effort to perform our obligations under the Contract.
However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
16. Disagreements Governing Law and Jurisdiction
This Contract shall in all respects be governed by and construed in accordance with the laws of Ireland and the parties agree that the courts of Ireland shall have exclusive jurisdiction to hear and determine any disputes arising out of or in connection with this Contract and any Orders placed thereunder.
17.1 Unless expressly stated otherwise in this Contract, neither our failure nor 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 In the event that any of the provisions of this Contract shall be held by a court or any other tribunal of competent jurisdiction to be unenforceable, illegal or otherwise invalid, the remaining portions of this Contract shall remain in full force and effect and shall be interpreted in such a way as to approximate as closely as possible the original objectives of the parties under this Contract.
17.3 If (a) a receiver, manager, administrator, administrative receiver or similar official is appointed for you or your property, if you make an assignment for the benefit of your creditors, if any proceedings are commenced by, for or against you under any bankruptcy or insolvency or you are liquidated or dissolved, have a petition presented or an order made for your winding-up, cease or threaten to cease to trade or takes or suffer any action on account of debt or anything similar or analogous to the above occurs in any jurisdiction; or (b) if you breach any term of the Contract or any other contract made between you and us, then we may at our option suspend further deliveries; and/or terminate the Contract without the requirement to give advance notice.
17.4. Neither the Contract nor any Order will be assignable by you, and you may not delegate your duties under the Contract without our prior written consent which shall not be unreasonably withheld. We may assign the Contract without your consent provided that such assignment is to an affiliated company forming part of the Apple group of companies.
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 for Business Web Site" means our web site for Customers in the United Kingdom, the web address of which is http://store.apple.com/uk-business
"Contract" means these terms and conditions;
"Customer" means the business entity (as defined by us from time to time) which has been admitted to purchase Products and Services displayed from time to time on the Apple Store for Business Web Site;
"Application Form" means the registration form available from Apple which needs to be duly filled in and submitted to Apple by the Customer;
"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 and/or Services;
"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 Business Web Site;
"Product" means any product listed on the Apple Store for Business Web Site which we agree to supply to you on these terms and conditions;
"Services" means any chargeable or other services (excluding warranty and telephone support services) listed on the Apple Store for Business Web Site which we agree to supply to you on these terms and conditions;
"Software" means any Product which is software including without limitation operating systems, bundled software, stand alone software and downloadable software;
"Web Order Number" means the order number issued by us to you;
"Working Day" means any day other than a Saturday, a Sunday or a public holiday in the United Kingdom.
18.2 Apple Distribution International is a company incorporated in the Republic of Ireland with its registered office at Hollyhill Industrial Estate, Hollyhill, Cork, Ireland and with registered number 470672.