This is a legal agreement between you and iTunes S.à.r.l. (“iTunes”) stating the terms that apply to any purchase on the iTunes Store. These Terms of Sale apply in addition to the Terms of Service of the iTunes Store Service (“Terms of Service”). By agreeing to the Terms of Service, you have agreed to these Terms of Sale.
IRELAND SALES ONLY
Purchases from the iTunes Store are available only in Ireland. If you are not in Ireland you may not use or attempt to use the service. iTunes may use technologies to verify such compliance.
The iTunes Store is provided by iTunes.
SALES TO END USERS ONLY
The iTunes Store sells Products to end user customers only.
CANCELLATION POLICY
All Sales are final. You do not have a right to withdraw from a purchase on the iTunes Store once delivery of the Products has started. The iTunes Store service commences immediately when you begin to download Products from the iTunes Store and you will not have a right to cancel your contract once the service commences.
TECHNICAL STEPS - 1-Click®
1-Click is a registered service mark of Amazon.com, Inc., used under licence. 1-Click is a convenient feature that allows you to purchase from the iTunes Store with a single click of your mouse or other input device. When accessing the iTunes Store on your computer, 1-Click purchasing may be activated for all your transactions by selecting the “Don’t ask me about buying … again” check box in the “Are you sure you want to buy and download …?” dialog box that appears when a “Buy” button is clicked. (You may reset this selection at any time by clicking “Reset Warnings” in your Account.) When accessing the iTunes Store on your iPod using Wi-Fi, 1-Click is activated for each transaction by pressing the button showing the price of the Product, which reveals the “Buy” button. When 1-Click purchasing is activated, clicking the “Buy” button will start the download immediately and complete your purchase transaction without any further steps. Purchases using 1-Click are subject to these Terms of Sale, including the Refund Policy set forth herein. When accessing the iTunes Store on your computer, you may turn off 1-Click and instead purchase using a shopping cart by selecting “Buy using a Shopping Cart” under the “Store” tab in your preferences menu within the iTunes application. Using a shopping cart allows you to review and change the Products you have selected for purchase before completing the transaction. The shopping cart functionality is not available when using the iTunes Store on your iPod.
PAYMENT METHODS
The iTunes Store accepts credit and debit cards, payment through your Click&Buy account and iTunes Store Gift Certificates, iTunes Cards, and Monthly Gift balances as forms of payment. If a credit or debit card company, or your Click&Buy account, is being used for a purchase, iTunes may obtain a pre-approval from the credit or debit card company or from Click&Buy (as the case may be) for an amount up to the amount of the order. Billing to your credit or debit card or to your Click&Buy account occurs at the time of purchase or shortly thereafter. If the balance from an iTunes Store Gift Certificate, iTunes Card, or Monthly Gift is used for an iTunes Store Purchase, the amount is deducted from your account or your iTunes Card (as the case may be) at the time of purchase. If the total amount of the purchase is greater than the balance available in your Gift Certificate, iTunes Card or Monthly Gift, your credit card or debit card, or Click&Buy account, will be charged for the balance.
The iTunes Store accepts the following payment cards: Visa, MasterCard and American Express.
PLEASE NOTE:
* We are unable to accept credit or debit cards issued by banks outside of Ireland or prepaid gift cards issued by credit card companies.
* Credit cards and cheque cards have daily spending limits that may prevent the processing of your order.
* If a purchase has been declined online due to credit or debit card issues, or issues with your Click&Buy account, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card or your Click&Buy account for your purchase and should use another payment card.
BILLING
If you are purchasing using 1-Click or your Click&Buy account, your order may be authorised and billed in gradual increments during one purchasing session as you click the “Buy Now” button. Depending on the size of your order, this may appear as multiple orders and billings on your payment card statement.
If you use the Shopping Cart functionality, you will have one order that authorises and bills as a single purchase.
GIFT CERTIFICATE PURCHASES
Gift Certificates may be redeemed for iTunes Store purchases only and are non-refundable for cash. They cannot be used for purchases on the Apple Online Store or used in Apple Retail Stores. Purchases for Gift Certificates may be purchased only in whole pound increments or designated amounts. Gift Certificates may not be used to purchase other Gift Certificates, iTunes Cards or Monthly Gifts.
MONTHLY GIFTS
Monthly Gifts are for purchases on the iTunes Store only. Monthly Gifts may not be used for purchases on the Apple Online Store or in Apple Retail Stores. Monthly Gifts are non-refundable. Monthly Gifts may not be used to purchase Gift Certificates, iTunes Cards or other Monthly Gifts.
iTUNES CARDS
iTunes Cards are for purchases on the iTunes Store only. iTunes Cards may not be used for purchases on the Apple Online Store or in Apple Retail Stores. iTunes Cards are non-refundable. iTunes Cards may not be used to purchase Gift Certificates, Monthly Gifts or other iTunes Cards.
GIFTS
Gifts purchased from the iTunes Store in Ireland may be purchased only for, and redeemed only by, residents of Ireland. Gifts are non-refundable. Gifts may not be purchased with iTunes Cards, Gift Certificates or Allowance Accounts.
DORMANT GIFT CERTIFICATES, MONTHLY GIFTS AND iTUNES CARDS
Gift Certificates, Monthly Gifts and iTunes Cards, and unused portions of Gift Certificates, Monthly Gifts and iTunes Cards, expire on the later of, two years from the date of issuance, and two years from the date of last activity if applied to an iTunes Store Account.
COMPLETE MY ALBUM ("CMA")
If you have acquired select songs or music videos from the iTunes Store, iTunes may offer you the ability to complete the corresponding album (if any) by purchasing the remaining songs or music videos of the album at a price that is less than the full album price. Please note that for some albums (where the full album price equals the sum of the single prices of all its songs), completing the album using CMA does not reduce your price for the remaining songs or music videos compared to buying them individually. CMA may not be available for all songs or music videos you have acquired or will acquire from the iTunes Store, and availability of particular CMA offers is subject to change without notice. Albums that are no longer available for sale on the iTunes Store, partial albums and certain other albums are not eligible for CMA. Songs or music videos acquired through free promotions are not eligible for CMA, except in the case of certain select free content code promotions. CMA is not available for any content that is acquired from the iTunes Store other than songs and music videos. Except in the case of special promotions that iTunes may conduct at its discretion, you will have no more than 180 days from the time you acquire your first CMA-eligible song or video off a particular CMA-eligible album to accept that offer.
For more information about CMA, please read the FAQ at http://docs.info.apple.com/article.html?artnum=305232.
ITUNES PLUS
Select songs or music videos may be available on the iTunes Store in the iTunes Plus format. iTunes Plus content does not contain security technology that restricts your usage of such content, and is encoded at a higher audio bit rate than the DRM-protected songs or music videos available on the iTunes Store. iTunes Plus content also is subject to fewer Usage Rules; please see the iTunes Store Terms of Service for details.
You may upgrade, solely in a single transaction at a specified total price, all of the songs and music videos you previously have purchased from the iTunes Store that are eligible for upgrade at the time. Songs or music videos may be eligible for upgrade only if the same song or music video is available for sale on the iTunes Store in the iTunes Plus format at the time of the upgrade. The eligibility of particular songs and music videos for upgrade to iTunes Plus and your total upgrade offer are subject to change at any time. Before you upgrade, you will be shown the total price for the upgrade, and will have an opportunity to review the specific content that will be upgraded. The upgraded iTunes Plus versions of your content will replace the DRM-protected versions in your iTunes library, and the DRM-protected files will be moved to your Trash or Recycling Bin folder. For more information on how the upgrade price is calculated and details about the replacement of the DRM-protected versions, please review the FAQ (see below).
CMA may be available for iTunes Plus content, subject to the CMA terms and conditions set forth above. In order to "complete" an iTunes Plus album based on a purchase of a corresponding DRM-protected song or music video, you first must upgrade all of your eligible content to iTunes Plus, as described above. Please note that another, potentially less costly alternative may be for you simply to purchase the full iTunes Plus album, instead of using CMA. Upgrading prior purchases to iTunes Plus does not affect the time limits applicable to CMA availability.
For more information about iTunes Plus, please read the FAQ at http://phobos.apple.com/WebObjects/MZStore.woa/wa/iTunesPlusFAQPage.
iPOD GAMES
iPod Games purchased from the iTunes Store are compatible only with iPod classics, 3rd generation iPod nanos, and 5th generation (video) iPods. Not all games are compatible with each of these models. The Games will not function on any other device, including your personal computer. Updates to your existing compatible iPod's firmware may render your purchased version of a Game incompatible with that iPod. Games purchased from the iTunes Store may not be compatible with future generations of the iPod, and iTunes makes no guarantee of such forward compatibility. SOFTWARE Software products purchased from the iTunes Store are subject to purchaser’s prior acceptance of the terms of any end user agreements or other terms and conditions required for use of such products.
UPGRADES
The latest version of the iTunes software is recommended to access the iTunes Store. From time to time, an upgrade to the latest version of the iTunes software may be required in order to make purchases from the iTunes Store, to download Products previously purchased from the iTunes Store (for example, Products in your download queue) or to take advantage of new features of the iTunes Store. The latest version of the iTunes software is available for download and no charge, and the minimum system requirements for running it are provided at http://www.apple.com/ie/itunes/download/. Use of iTunes software is subject to acceptance of its software licence agreement presented at the time of installation. For any additional questions regarding required upgrades, please contact iTunes Store Customer Service (see below).
iTunes reserves the right to enhance Products purchased from the iTunes Store, including Products purchased but not yet downloaded. Among other things, such enhancements may result in larger file sizes (requiring, for example, longer download times and additional disk space for storage).
PRICES
The iTunes Store endeavours to offer you competitive prices on current selections. Your total price will include the price of the Product plus any applicable VAT (in effect on the day of download). iTunes reserves the right to change prices for Products offered at the iTunes Store at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.
CONTENT AVAILABILITY
The iTunes Store makes every effort to provide a broad content offering. For this reason, iTunes reserves the right to change content options without notice.
FOR ASSISTANCE WITH ORDERS - iTUNES STORE CUSTOMER SERVICE
For assistance with billing questions or other order inquiries, please refer to our online support page by clicking here: http://www.apple.com/ie/support/itunes/store/. If you cannot find the answers you are seeking in our robust knowledge base, you can send us an email by visiting the following URL: http://www.apple.com/ie/support/itunes/store/email/ and completing the email form. Responses to emails will be provided as soon as possible.
CONTENT USAGE RULES
Your use of any Products purchased from the iTunes Store is conditioned upon your prior acceptance of the Terms of Service, including, without limitation, the Usage Rules set forth therein.
OTHER TERMS AND CONDITIONS
iTunes is not responsible for typographic errors.
iTunes reserves the right to change the Terms of Sale of the iTunes Store at any time. Any new or revised Terms or Sale will be communicated to you. In the event that you refuse to accept the revised Terms of Sale, you will not be able to purchase Products from the Service and iTunes will have the right to suspend or terminate the Agreement with you and prevent you from making further purchases from the iTunes Store.
All sales on the iTunes Store are governed by Irish law.
If any of the terms in these Terms of Sale are not valid or legally enforceable, the other terms will not be affected.
About us: Our registered number is RCS Luxembourg B 101 120 and our registered office is at 8 rue Heinrich Heine, L-1720 Luxembourg.
View the iTunes Store Gift Certificate, iTunes Cards, Content Codes and Monthly Gift Terms and Conditions, which form part of these Terms of Sale at http://www.apple.com/legal/itunes/uk-ie/gifts.html
