SALES & REFUND TERMS AND CONDITIONS (“TERMS”)

1. About these Terms and Conditions

1.1 The following business customer terms and conditions of sale (“Contract”) apply between Apple India Private Limited, having its registered office at 19th Floor, Concorde Tower C, UB City No. 24, Vittal Mallya Road, Bangalore, Karnataka, 560001, India, registered in India under registration number U30007KA1996PTC019630 and the Customer, with respect to the supply of Apple-branded hardware, software and accessories ( “Products”) and Apple-branded services (“Services”) by Apple to the Customer.

1.2 In this Contract, "we" and "us" mean Apple, and "you" means the Customer. 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. No party other than you and Apple shall be entitled to any legal rights under these Terms.

1.3 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.

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2. Placing Your Order

2.1 By placing an order with Apple, you make an offer to us to purchase the Products and Services you have selected on these Terms. We may or may not accept your offer, or any related order, at our sole discretion. 

2.2 Apple provides you with alternative methods of placing orders:

2.2.1 Out of Store Ordering: You may place an order by calling or emailing your order to the Apple Retail Store as indicated in these Terms. When you place an Out of Store Order we will provide you with an Apple Order Number. Please note that such Apple Order Number is supplied for reference purposes only and does not constitute our acceptance of your order. If we accept your order, we will notify you of our acceptance by issuing a specific Order Confirmation. If we do not accept your order, we will attempt to contact you by email or telephone. The price for the Products and Services will be the price as communicated by us at the time your order is accepted and as indicated on the invoice we issue to you (the “Invoice”). GST and any other legally required taxes and surcharges are also payable by you at the applicable rate(s) as indicated on the Invoice. We will send remittance instructions and your Invoice to you at the billing address indicated on your order form, including by email if you have indicated an email address.

2.2.2 In Store Ordering: You may place an order by visiting the Apple Retail Store, bringing with you your order on your company-headed paper referencing your Apple Customer Number and items to purchase (“Order Form”), business card of the person placing the order and Photo ID of that person which matches the business card. When you place an In Store Order that is accepted by Apple, we will provide you with a till receipt. The price, including GST and any other legally required taxes and surcharges for the Products and Services, will be the price as communicated by us at the time your order is accepted and as indicated on the till receipt. We will send remittance instructions and a duplicate copy of the till receipt to you at the billing address indicated on your order form, including by email if you have indicated an email address.

2.2.3 Online Ordering: You may place an Order by filling in the Order Form on the Apple Store for Business Website, submitting the user ID and password and clicking on the appropriate submission button. Orders placed in any other way, including but not limited to orders placed by telephone or by email, are not valid and will not be accepted by us. When you place your Order, we will provide you with a Web Order Number via the Apple Store for Business Website. 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 email address on your Order Form. 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.

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 Website or in Apple Retail Stores. 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 Information contained in any advertising, brochures, other written materials, on any websites 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.

2.7 All orders submitted by you must contain the following information in order to be processed by Apple:
i) Your company name and logo
ii) Your Apple Customer Number if applicable
iii) Your contact telephone number and e-mail address
iv) The delivery name and address (“ship to”)
v) Your billing address (“bill to”)
vi) Our quote reference number if applicable ("Proposal Number: Rxxx")
vii) Product part number and quantity required or a full description of the Product if the part number is not provided;
viii) a list of the Products and Services required that matches the quotation provided by Apple;
ix) the total order value which shall be sufficient to cover the total price of all Products and Services ordered.

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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.

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4. Prices

The price for the Products and Services will be the price indicated in the Order Confirmation.

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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 Website or in Apple Retail Stores 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 authorisation we shall let you know. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation.

5.4 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.

5.5 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.

5.6 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 email where you have indicated an email address on your Order Form.

5.7 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.

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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 Website 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 India.

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 Title and risk of loss to all Products will pass to you upon shipment from Apple’s shipping location. For orders picked up by you at the Apple Retail Store, risk of loss or damage to Products will pass to you when you acquire physical possession of the Products. If there are any issues with pickup, please contact Apple to resolve.

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7. Returns of Products and Cancellation of Services

Products purchased at the Apple Store in India cannot be refunded or exchanged. If you believe that your new Apple product is defective please contact Apple Store Customer Service to discuss your options. The foregoing shall not limit your statutory warranty rights.

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8. Software

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.

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 Website using your password and user ID. 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 email 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.

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9. Telephone Support

9.1 Except as otherwise stated on the Apple Store for Business Website 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 Website. The service is available for 90 days from the date of purchase (the date of your Invoice).

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 09:00 and 21:00 on Working Days. The telephone number for the telephone support service will be supplied 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.

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10. One (1) year Limited Warranty

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. https://www.apple.com/in/legal/warranty/

Whenever calling us in relation to your warranty entitlement you should do so between 09:00 and 21:00 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.

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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.

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12. Contacting Apple

You can contact us:
• by telephone on 00 0800 040 1966 between 08:00 and 18:00 on Working Days.
• when contacting us in relation to an Order you have placed, you must quote your Web Order Number.

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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.

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14. Data Protection

By placing your order, you agree and understand that we may store, process and use data collected from your order for the purposes of processing your order, and more generally to ensure the management and follow-up of our commercial relationships. Your data may also be processed and stored for security purposes, in order to comply with any legal obligations as well as for direct marketing purposes. Only a duly authorised person within Apple will have access to your data.

In order to achieve the purposes mentioned above, your data will be transmitted to Apple Inc. in Cupertino, California (USA). The transfer of personal data to Apple Inc. abides by the requirements for international data transfers established by local legislation. Apple Inc. will subscribe to the appropriate legal instruments for the international transfer of data to the United States, or will be bound by appropriate contractual arrangements or binding corporate rules to protect your Personal Information. Your data may also be shared with certain persons within the Apple group of companies in order to achieve the above purposes.

We work with other companies (including in countries that do not offer the same level of protection as in your country), that assist us in providing Products and Services to you for the purposes of your order. We will ensure that these companies will either abide by local data protection laws or any other regime ensuring adequate protection, or that they are bound by appropriate contractual arrangements or binding corporate rules to protect your Personal Information.

For example, we may provide your data to these companies for the shipment of Products to you or to ensure that you benefit from special purchase discounts or terms. 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. For more detailed information on how we protect your data, please refer to our Customer Privacy Policy available at the URL https://www.apple.com/in/legal/privacy.

You are informed that you have a right to access, correct and delete your data and to object, on legitimate grounds, to the processing of your data. You may, at any time, object to the receipt of any advertisements or direct marketing or product information. To exercise any of these rights, click https://appleid.apple.com to update your personal contact preferences or you may contact Apple at https://www.apple.com/in/privacy/contact.

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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.

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16. Disagreements, Governing Law and Jurisdiction

This Contract shall in all respects be governed by and construed in accordance with the laws of India and the parties agree that the courts of Mumbai or New Delhi shall have exclusive jurisdiction to hear and determine any disputes arising out of or in connection with this Contract and any Orders placed thereunder.

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17. General

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 to enforce such term later.

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 take 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.

17.5 These Terms constitute the entire agreement and understanding between the parties with respect to its subject matter and supersede any prior agreement, understanding or arrangement between the parties, whether oral or in writing, including but not limited to any customer terms included in any Order Form. No representation, undertaking or promise shall be taken to have been given or implied by anything said or written in negotiations between the parties prior to the date of this agreement. The Purchaser shall not have any remedy in respect of any untrue statement made by Apple upon which the Purchaser relied in entering into these Terms or in placing an order thereunder (unless such untrue statement was made fraudulently or was to a fundamental matter including a matter fundamental to Apple's ability to perform its obligations under these Terms) and the Purchaser's only remedies shall be for breach of contract as provided in these Terms.

17.6 You warrant that at all material times all information provided by you to us will be accurate in all material respects, and that you are entitled to provide the information to us. You shall promptly notify us in writing if you become aware during the performance of these Terms of any inaccuracies in any information provided by you to us.

17.7 By acknowledging this Agreement you certify that you have authority to contractually bind Purchaser to the terms and conditions of this Agreement. Also, the person signing this Agreement certifies that Purchaser’s policies do not prohibit the acceptance and execution of terms and conditions in electronic form.

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18. Taxes

18.1 Providing correct GSTIN information is your sole responsibility. Providing GSTIN details of any third person who is not a party to the order placed by you is an offence under GST law.

18.2 Please note that the GST invoice shall contain the GST information provided by you like GSTIN, billing address, shipping address etc . You should ensure that these details are accurate. Apple cannot accommodate requests for any revisions to GST Invoices.

18.3 Kindly provide the address which is mentioned as the registered place of business as per the records of GST authority. Providing the wrong address (which is not mentioned on your GST certificate) may result in GST loss to you.

18.4 Availment of input tax credit is subject to provisions of GST Act and rules. Apple will issue a GST compliant Tax invoice for your purchase. Apple is not liable in any manner whatsoever in relation to the GST Invoice or any input tax credit associated therewith.

18.5 Total tax charged includes all transaction tax (GST) but excludes Tax Collection at Source (TCS) which will be charged separately if applicable. As per section 206(C)1H of the Income-tax Act, 1961 (“the Act”), TCS would be charged / collected at the applicable rates (0.1% /5%) on consideration from sale of goods in excess of the prescribed threshold limit (i.e. INR 50 lakhs or any other limit as prescribed by the Government) in aggregate in a financial year. Apple, in accordance with the provisions of the Act, reserves the right to charge / collect TCS in addition to the price already paid at the time of placing an order. Once TCS is levied on the tax invoice, it will not be reversed in any situation. A credit note, if issued, will exclude the TCS amount. If we levy TCS incorrectly at a lower rate based on the information provided by you, we reserve our right to collect a differential TCS amount along with applicable interest and any penalties payable by Apple resulting from the incorrect data, if any. If the order is “prepaid” or "payment on delivery”, we will levy TCS at the applicable rate even though you agree to undertake TDS compliance.

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19. Defined Terms

In these terms and conditions:

"Accessory" means any ancillary Product such as a mouse or laptop bag;
"Apple Store for Business website" means our website for Customers in India;
"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 in the Apple Store or on the Apple Store for Business website;
"Export Laws" means all laws, regulations and orders applicable to the export, re-export, transfer or resale of Products;
“GST” means Goods and Services Tax;
“GSTIN” means Goods and Services Tax Information Number;
"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 website;
"Product" means any product listed on the Apple Store for Business website 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) offered in the Apple Store or listed on the Apple Store for Business website which we agree to supply to you on these terms and conditions;
"Software" means any Product that is software, including, without limitation, operating systems, bundled software, standalone 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 India.

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