1. About these Terms and Conditions
In these terms and conditions "we" and "us" mean Apple Computer 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. No other terms and conditions shall apply. The Contract cannot be varied unless we agree to vary it in writing or by email.
2. Placing Your Order
2.1 To place an Order you must be 18 years of age or over and be accessible by non cellular telephone.
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 "Place my order" button;
2.2.2 telephoning us on Freephone 0800 039 10 10 between 09:00 and 21:00 Mondays to Fridays.
We will not accept Orders placed in any way other than those listed above.
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.
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 mail.
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, such Products are no longer being manufactured or we are unable to source relevant components. In such circumstances we will contact you to inform you and may suggest alternative Products that you might wish to purchase. If you do not accept our suggestions then we will cancel your Order in relation to those Products we cannot supply and repay you any money that you may have paid to us in respect of those Products. Repayment of such monies will be the extent of our liability to you if we are unable to deliver to you the Products you have ordered.
2.7 Information contained in our advertising, brochures, other written materials, on our web sites or given to you by our agents or employees constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products.
3. Supply of Your Products
Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation.
4. Prices
4.1 The price for the Products will be the price indicated on your Invoice.
4.2 VAT 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.
5.1 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 the currency as indicated on your Invoice.
5.3 If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your Invoice or on shipment of your Products. We will not commence the manufacture of your Products neither will we supply the Products to you nor perform the Services until your credit card issuer has authorised the use of your card for payment of the Products ordered. If we do not receive such authorisation we shall let you know. Your credit card billing address must be in the United Kingdom, the Channel Islands or the Isle of Man.
5.4 If you are paying by cheque, wire transfer or post giro a request for payment will be sent to you and your Products will be manufactured and supplied and Services provided after your payment is cleared. If we do not receive payment in cleared funds within 30 days after the date of your Order then your Order will be cancelled.
5.5 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 the documents by e-mail where you have indicated an e-mail address on your Order Form.
6.1 Products paid for by credit card will not be delivered to any address outside the United Kingdom, the Channel Islands or the Isle of Man. Products paid for by the other methods of payment as displayed on the payment section of the Apple Store Web Site will not be delivered to any country outside the Territory.
6.2 We will deliver your Products to the delivery address as shown on your Order Form unless you are paying for your Products by credit card in which case, we will deliver your Products to the billing address for your credit card as indicated on your Order Confirmation.
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. 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 0800-039-1010 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.
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.
7. Your Right to Return the Products
7.1 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 10 Working Days of delivery of the Product or the purchase of Services. However, you may not return a Product and claim a refund if the Product concerned is Software which (i) we supplied to you sealed and unused and you have broken the seal or (ii) which you have successfully downloaded from the AppleStore website. You may not obtain a refund for a Service if you have commenced use of the Service. The transportation charges set out in paragraph 7.2 section D below will apply. (See clause 7.2 below for further details regarding the return).
7.2
A. 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 Section 10 below, please telephone us on 0800-039-1010 between 09:00 and 18.00 Monday to Friday. In the event that you are entitled to a replacement or repair in accordance with section 10 below, the transportation charges referred to in section 7.2 D below will not be applied.
B. If you have received the ordered Product(s) and have simply changed your mind about purchasing them you may return the Product(s) or entitlement to Service to us for a refund, subject to the payment of the transportation charges set out within paragraph 7.2 D below and provided:
i) You inform us of your decision to cancel the contract within 10 Working 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 paragraph 7.2 C 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.
C. Please follow the steps below to enable us to process your refund efficiently:
(i) Please telephone us on 0800 0391010 between 09:00 and 18.00 Monday to Friday 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 up front to arrange for a suitable collection time and collection place. The transportation charges set out in section D below will apply.
(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 all packaging that was originally supplied.
4. Ensure the following returns address and the RMA number are clearly displayed:
Apple Computer
c/o Flextronics,
Energieweg 6
5804 CE Venray
The Netherlands
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. Please note that your failure to follow this procedure may result in the returned Product(s) being rejected upon receipt.
(v) Please note that we reserve the right to reject any Product(s) that are not returned in accordance with the provisions set out above and particularly within paragraphs B, C and D.
D. The following transportation charges will apply:
i) If the total purchase price of the Product(s) returned is less than £200 including VAT (but exclusive of delivery charges) the charge payable by you for the return is £20.00 (inclusive of VAT).
ii) If the total purchase price of the Product(s) is more than £200 including VAT (but exclusive of delivery charges) the charge payable by you for the return is £40.00 (inclusive of VAT).
iii) The appropriate transportation charge will be deducted from your refund payment once the Product(s) has/have been inspected and deemed complete and in good condition by Apple.
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 10 Working 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 below. A refund of the purchase price shall be the extent of our liability for the unsuccessful downloading of Software.
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 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 be sent to you by post after your Products are delivered together with details of your customer number. 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. One Year Guarantee
All Hardware is guaranteed against defects in materials and workmanship for one year from date of purchase (the date of your Invoice). Where Hardware is repaired or replaced under this guarantee such repaired or replaced Hardware is covered for the longer of the remainder of the one year period or ninety days from the date of repair/replacement. Where Hardware is defective, we will provide all parts and labour necessary to repair the Hardware to proper operating order on the terms set out in this guarantee.
10.1 Hardware Only
This guarantee only covers your Hardware (as defined below); it does not cover the Software, Services or any other Products. You should refer to the relevant software licences for warranties which apply to your Software.
10.2 Guarantee Service
We will provide remedial maintenance and repair, including all parts and labour, necessary to restore failed Hardware to proper working condition. We may, at our option, replace Hardware or parts of Hardware and we may use refurbished parts or modules in performing this service. Replacement parts become your property and replaced parts become our property.
We are not able to provide you with replacement Hardware while your Hardware is being repaired. We will use reasonable endeavours to repair your Hardware within 14 days of your reporting a fault but repair may take longer due to circumstances beyond our control. For non-Apple-branded Products, we will use reasonable endeavours to arrange repair within the terms of the relevant manufacturer’s warranty by reference to the manufacturer.
10.3 Collection and Carry-in Guarantee Service for Hardware
If, during the guarantee period, your Hardware develops a fault and you are in the country to which we delivered the Hardware when you purchased it, we will, if the nature of the fault so requires, visit you and collect and remove the Hardware for repair. To obtain this service you must telephone us by calling the number referred to in paragraph 10.5 below. Either when you telephone or within one Working Day of your reporting a fault, we will attempt to diagnose the fault and advise you of what we shall do.
If during the guarantee period your Hardware develops a fault and you are outside the country to which we delivered the Hardware when you purchased it but inside the Territory, you must telephone us and we will advise you how your Hardware can be repaired. Depending on your location, we shall either be able to provide collection and repair or direct you to our closest Apple Authorised Service Provider where you can obtain carry-in guarantee service.
If you are outside the Territory and the Product requiring repair is portable Hardware (Hardware that can be operated without a power cable) you should take your Hardware at your expense to an Apple Authorised Service Provider. You should be aware that not all countries have Apple Authorised Service Providers and that not all Apple Authorised Service Providers stock all parts and units. Where Hardware cannot be repaired or replaced in the country in which it is located, it may need to be sent to a different country or returned to the original country of purchase at your expense for guarantee service. You can obtain details of Apple Authorised Service Providers by visiting the following web site http://rlocator.euro.apple.com. When contacting the Apple Authorised Service Provider, you must give your name, address, telephone number and proof of purchase (which may include a copy of your Invoice).
For as long as you are outside the Territory and the Product requiring repair is non-portable Hardware you will be unable to obtain guarantee service either from us or from an Apple Authorised Service Provider.
10.4 Non Apple-branded Products
For non Apple-branded Products, all warranty claims, where relevant, should first be made either to us by phone (in which case we will use reasonable endeavours to resolve these on your behalf by reference to the manufacturer) or to the manufacturer directly in accordance with the terms of any warranty included with the Products purchased.
10.5 General
Before subjecting your Hardware to guarantee service, you are responsible for making a separate backup copy of system software, application software and all data and for disabling any passwords. You are responsible for reinstalling all such software, data and passwords. We accept no liability for loss of data caused by guarantee service.
Whenever calling us in relation to your guarantee entitlement you should do so between 08:00 and 18:00 on any Working Day and quote your customer number. The telephone number for guarantee service will be sent to you by post after your Products are delivered. You will bear the cost of telephone calls you make to us at your national rate.
10.6 Exclusions
Neither the collection nor the carry-in guarantee nor the guarantee for Hardware covers:
damage caused by accident, misuse or neglect;
damage caused by exposure of Hardware to an improper environment (including, without limitation, excessive temperature or humidity, unusual physical or electrical stress, failure or fluctuation of electrical power, lightning, static electricity or fire);
damage caused by service or modification or alteration of Hardware by anyone other than an Apple Authorised Service Provider;
data loss or recovery;
any modifications to Hardware required by any legislation coming into force after the date of purchase (the date of your Invoice); or
any Hardware of which the serial number has been removed or tampered with.
If in the process of repair we discover that your Hardware is not eligible for guarantee service, you may, at our discretion, be liable to pay us the costs of collection and return.
IF YOU ARE A CONSUMER, THIS GUARANTEE IS IN ADDITION TO AND DOES NOT AFFECT YOUR STATUTORY RIGHTS.
11.1 If you are a Consumer, nothing in the Contract shall limit or exclude our liability for breach of any term implied by statute. If you are not a Consumer:
11.1.1 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 telephone support and guarantee services) and performance of the Services;
11.1.2 there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract; and
11.1.3 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, fitness for purpose, reasonable care and skill) is hereby expressly excluded. In particular, Apple will not be responsible for ensuring that the Products are suitable for your purposes.
11.2 Nothing in the Contract shall limit or exclude our liability for death or personal injury caused by our negligence or for fraud.
11.3 Subject to clause11.2, 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.
11.4 Subject to clause11.2 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 Freephone 0800 039 10 10 between 09:00 and 21:00 Mondays to Fridays;
• by email at applestore.uk@euro.apple.com; or
• by post at Apple Store Europe, Hollyhill Industrial Estate, Hollyhill, Cork, Ireland.
When contacting us you must quote your Customer 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
By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. Some of the information you provide to us will be passed to the companies we use for the shipment of Products to you. In addition, where you have requested finance in order to pay for the Products ordered, some of the information you provide to us will be passed to companies providing finance for your purchase. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may transfer such data to other companies in the Apple group of companies or to companies whose products are available for purchase on The Apple Store in order to provide you with information from time to time on other Apple products and services that may be of interest to you. If you do not agree to our transferring such data to such companies in order to provide you with information on other Apple or third party products and services, you should indicate your non-agreement on the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.
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 the UK and English law will apply.
17. General
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.
18.1 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 build-to-order web site for customers in the United Kingdom, the Channel Islands and the Isle of Man, the web address of which is http://www.apple.com/ukstore;
"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;
"Customer 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 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;
"Return Authorisation Documentation" means the documentation issued by us to you for the return of Products;
"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.
18.2 Apple Computer 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 157192.