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Terms of Sale

Please review these policies carefully as they are the terms of sale that govern your purchases on the Apple Global Online Support site (AGOS). They set out your rights and obligations with respect to your purchases, including important limitations and exclusions. Your placement of an order on the AGOS constitutes your agreement that these policies apply to the order, so be certain you understand them before you place your order.

1. Types of Sales

1.1. The AGOS accepts orders from billing addresses within the United States and the countries listed in Section 10, below.

1.2. Sales to End Users Only. The AGOS sells and ships products to end user customers only. You may not purchase for resale. Apple reserves the right to refuse or cancel your order if Apple suspects you are purchasing for resale.

1.3. No Sale to Minors. Purchase under these terms is available only to those who have reached the age of majority.

2. Proof of Purchase. Apple will send you a confirmation that Apple has received your order via email. You will also receive a confirmation by regular mail when Apple accepts your order.

3. Payment Methods. Apple allows you to make your purchases using any of the payment methods described below. Please read carefully our policies with respect to payment methods before you place your order.

3.1. Credit, Debit, and Check Cards. You may pay by credit, debit, or check card. When you provide Apple with your card information, Apple will obtain a pre-approval from the card company for the amount of the order, which may result in a corresponding block on your available credit while the pre-approval remains in place. Apple will not bill your credit card or process a transaction under your debit or check card until your order has been accepted. Apple accepts American Express, Discover, MasterCard, and Visa with a billing address within the United States, and American Express, MasterCard, and Visa with a billing address within the countries listed in Section 10, below.

3.2. Spending Limits. Debit cards and check cards have daily spending limits that may substantially delay the processing of your order.

3.3. Security Code. The AGOS requires the credit, debit, or check card security code of your card for any online purchase to protect against the unauthorized use of your credit card by other persons. The security code is an individual three or four digit number specific to your card that may be printed on the face of your card above the embossed account number (if American Express), or on the back of your card, on the signature panel (if Visa, MasterCard, or Discover).

4. Sales Tax. Unless otherwise specified in Section 10, below, in addition to the price of your purchases, Apple will charge you sales tax based on your shipping address and the sales tax rate in effect at the time your order is billed. Apple will provide an estimated dollar total of your order including tax and any applicable shipping charges at the time you place your order. If the sales tax rate for the state to which your order is being shipped changes before the product is shipped, the rate in effect at the time your order is invoiced will apply.

5. Delivery. Once your order is accepted, Apple will deliver by email or postal mail, if applicable, proof of coverage of your product.

6. Prices. Apple endeavors to offer you competitive prices on current Apple products. Your total order price will include the price of the product on the day of order processing plus any applicable sales tax. Apple reserves the right to change prices for products displayed at any time and particularly to correct pricing errors that appear.

7. Refunds. Purchases made via the AGOS are non-refundable, except as may be described in the terms and conditions of the product purchased.

8. Export Control. You may not use or otherwise export or re-export the products purchased via the AGOS except as authorized by the laws of the jurisdiction in which the products were obtained. In particular, but without limitation, the products may not be exported or re-exported in violation of export laws, including if applicable export or re-export into any US-embargoed countries or to anyone on the US Treasury Departments list of Specially Designated Nationals or the US Department of Commerce Denied Person's List or Entity List. By using the AGOS, you represent that you are not located in any country or on any list where the provision of product to you would violate applicable law. You also agree that you will not use products for any purposes prohibited by applicable law.

9. General

9.1. Typographical Errors. Apple is not responsible for typographical errors. Apple reserves the right to cancel any order you have placed if there was a typographical error on the AGOS concerning the pricing or availability of any item you ordered when you placed the order.

9.2. Changes to the Terms of Sale. Apple reserves the right to change the Terms of Sale on the AGOS at any time.

9.3. Changes to Products. Apple may make changes to any products offered on the AGOS, or to the applicable prices for any such products, at any time, without notice. The information provided on the AGOS with respect to products may be out of date, and Apple makes no commitment to update the information provided on the AGOS with respect to such products.

9.4. Changes to the AGOS. Apple reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the AGOS, or to any portion of the AGOS, for any reason; (2) to modify or change the AGOS, or any portion of the AGOS, and any applicable policies or terms; and (3) to interrupt the operation of the AGOS, or any portion of the AGOS, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

9.5. Data Protection. You agree and understand that it is necessary for Apple to collect, process and use your data in order to perform sales, provide services and confirm compliance with applicable laws in respect of your transaction. Apple will protect your information in accordance with the Apple Customer Privacy Policy. If you wish to have access to the information that Apple holds concerning you or if you want to make changes, access https://www.apple.com/contact/myinfo to update your personal contact preferences.

9.6. Governing Law. In the United States, to the extent permitted by law, the laws of the State of California govern all AGOS sales, without giving effect to its conflict of law provisions. In all other countries AGOS sales are governed by the laws set forth in Section 10, below.

9.7. Authority of Agents. No Apple employee or agent has the authority to vary any of the AGOS Terms of Sale.

9.8. Severability. If any of the aforementioned policies are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such policy shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of the policy, so that the policies shall remain in full force and effect.

9.9. No Waiver. Apple's failure to insist on or enforce strict performance of these policies shall not be construed as a waiver by Apple of any provision or any right it has to enforce these policies, nor shall any course of conduct between Apple and you or any other party be deemed to modify any provision of these policies.

9.10. Third Parties. These policies shall not be interpreted or construed to confer any rights or remedies on any third parties.

9.11. The AGOS provides access to Apple international data and, therefore, may contain references or cross references to Apple products, programs and services that are not announced in your country. Such reference does not imply that Apple in your country intends to announce such products, programs or services.

10. Country Variations

10.1 Australia

The rights described in this policy in respect of returns and refunds are in addition to the statutory rights to which you may be entitled under the Trade Practices Act 1974 and other applicable Australian consumer protection laws and regulations.

Section 4: Sales Tax. In Australia, AGOS purchases will include GST. The invoice Apple emails or posts to you will include GST.

Section 9.6: Governing Law. In Australia, to the extent permitted by law, the laws of New South Wales govern all AGOS sales, without giving effect to its conflict of law provisions.

10.2 Canada

Section 4: Sales Tax. In Canada, AGOS purchases will include appropriate sales tax based on where the product is shipped and the sales tax rate(s) in effect at the time your order invoices. The proof of purchase that Apple mails to you will include any applicable sales tax

Section 9.6: Governing Law. In Canada, to the extent permitted by law, the laws of the Province of Ontario govern all AGOS sales, without giving effect to its conflict of law provisions.

10.3 France

For the purposes of this agreement, “Apple” is Apple Sales International, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, or its successor in title.

Section 4: Sales Tax. In France, AGOS purchases will include appropriate sales tax based on where the product is shipped and the sales tax rate(s) in effect at the time your order invoices. The proof of purchase that Apple mails to you will include any applicable sales tax.

Section 7: In France, the following right to withdraw from the agreement applies.

7.1 Right to withdraw from the contract. If you are not satisfied with any product or the terms of any entitlement to services you have purchased from us on AGOS (hereinafter “Product” and “Service”), 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 14 calendar days of delivery of the Product or entering into the contract for the purchase of Services.

7.2 Exceptions to the right to withdraw from the contract. (i) Products. You may not return a Product and claim a refund if the Product concerned is: a) Software which we supplied to you sealed and unused and you have broken the seal or which you have successfully downloaded from the AGOS website; or b) a personalized product such as iPod or iPad with an engraving made in accordance with your specifications. (ii) Services. You may not obtain a refund for a Service if you have commenced use of the Service.

7.3 Conditions to exercise the right to withdraw from the contract. You can exercise your right to 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 provided: (i) You inform us of your decision to cancel the contract within 14 calendar 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 the procedure described in paragraph 7.4 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.

7.4 Procedure to follow to claim a refund under your right to withdraw from the contract. (i) Please telephone us on 0805 540 303 between 08:00 and 21.00 Monday to Friday or 09:00 and 20.00 Saturday and Sunday to make arrangements for return. You will then be provided with an RMA (Return Material Authorization) number. (ii) Apple will subsequently arrange for the Product(s) to be collected by Apple's nominated carrier. You will be contacted in advance to arrange for a suitable collection time and collection place. (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 if possible all packaging that was originally supplied. Unless damaged while being opened, the original Product packaging is most suitable for use for Product returns, and unless damaged while the Product was opened, this packaging should be used. Apple reserves the right to reject a returned Product that was damaged because it was improperly packaged during the returns process. 4. Ensure the following returns address and the RMA number are clearly displayed: Apple Computer c/o Syncreon Technology Van Hilstraat 23 5145 RK Waalwijk 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. Should you fail to follow this procedure and should the condition of the Product(s) received by Apple show that you failed to discharge your obligations to take reasonable care of the Products, your refund will be reduced.

7.5 Faulty products or products which are not in conformity. 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 paragraph 10 below, please telephone us on 0845 600 1683 between 08:00 and 21.00 Monday to Friday or 09:00 and 20.00 Saturday and Sunday.

Section 9.3 (Product Changes): Notwithstanding section 9.3 prior to the conclusion of your contract with Apple, you will be provided with the correct information about the main characteristics of the goods or services, as well as the price and delivery costs of the goods or services including all taxes.

The following is added to section 9.5 (Data Protection): You may also contact Apple's European data controller at https://www.apple.com/privacy/contact/ if you wish to have access to the information that Apple holds concerning you or if you want to make changes.

Section 9.6: Governing Law. In France, to the extent permitted by law, the laws of the France govern all AGOS sales, without giving effect to its conflict of law provisions. For customers that do not qualify as consumers, these AGOS terms are governed by and construed in accordance with the laws of the Republic of Ireland and all claims must be brought in the courts of the Republic of Ireland.

10.4 Germany

For the purposes of this agreement, “Apple” is Apple Sales International, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, or its successor in title.

Section 4: Sales Tax. In Germany, AGOS purchases will include appropriate sales tax based on where the product is shipped and the sales tax rate(s) in effect at the time your order invoices. The proof of purchase that Apple mails to you will include any applicable sales tax.

Section 7: In Germany, this instruction on the statutory right of revocation applies.

If you are a natural person and if you purchase goods or services for a purpose which can be attributed neither to your commercial nor to your independent professional activity, you have the following statutory right of revocation:

You can revoke your contractual declaration within two weeks in textual form (e.g. letter, fax, e-mail) without stating any reasons, or, by returning the goods. The period of notice begins on receipt of this notification at the earliest but not before we have informed you about your rights according to the statutory provisions in § 312c II BGB, § 1 Abs. 1, 2, 4 BGB-InfoV and § 312 e I 1 BGB, § 3 BGB-InfoV. If you receive the information after the contract is concluded, the revocation period is 1 month. Due dispatch of the revocation or of the goods shall satisfy the requirement to observe the deadline. The revocation must be sent to: Apple c/o Syncreon Technology Gesworenhoekseweg 9 5047 TM Tilburg The Netherlands. Please state as the reference: “AGOS Returned Goods”

Consequences of Revocation

In the event of valid revocation, the goods/payments provided by both parties must be returned and, where appropriate, any benefits (e.g. interest) must be surrendered. If you are unable to return the goods received to us in whole or in part, or if you are only able to do so in a deteriorated condition, you may, where appropriate, have to recompensate the value. This does not apply with respect to returned goods if the deterioration of the goods is exclusively attributable to testing as would possibly have happened in a retail outlet operation. Moreover, you can avoid having to pay value compensation by not treating the goods as if you were their owner and by not subjecting them to anything which would decrease their value. If postable, the goods should be sent back to us by parcel post at our risk. The costs for return of the goods shall be borne by you if the delivered goods come up to the goods ordered, and if the price of the object being returned does not exceed €40, or if, in the event of a higher price at the time of the revocation, you have not rendered the consideration or a contractually agreed installment. In all other cases, the goods may be returned to us free of charge. Goods which cannot be dispatched by parcel post will be collected from your premises. Obligations with regard to reimbursement of payments must be met within 30 days after dispatch of the revocation instruction.

Process of Revocation

We ask you to call us Monday to Friday between 09:00 and 18:00 on 0180 3000061, stating the customer order number, to give prior notification of the revocation/return of the goods to follow. This will enable us to ascribe the goods in the fastest way possible.

We also kindly ask that the goods be sent back to us in the original packaging or at least in appropriate transport packaging, if possible. Moreover, it is recommended that you obtain and keep the signed confirmation of receipt from the transport company instructed by you to carry the returned goods in question.

If Apple should decide to offer to collect the goods from your premises free-of-charge, you may also use this option.

Please note that the modalities stipulated in the three preceding paragraphs are not prerequisites for the valid exercise of the right of revocation.

Expiry of the Right of Revocation

If the subject of the contract is (also) a service, your right of revocation with regard to the service shall expire before the end of the term if both parties have fulfilled their obligations with your express consent prior to the end of the revocation deadline.

Miscellaneous

In accordance with statutory provisions, the right of revocation shall not be applicable in the following circumstances, among others:

Delivery of computer software in sealed packaging if the seal has been broken on your part

Delivery of goods which have been fabricated to customer specifications or plainly tailored to personal requirements or which are not returnable due to their condition.

Section 9.3 (Product Changes): Notwithstanding section 9.3 prior to the conclusion of your contract with Apple, you will be provided with the correct information about the main characteristics of the goods or services, as well as the price and delivery costs of the goods or services including all taxes.

The following is added to section 9.5 (Data Protection): You may also contact Apple's European data controller at https://www.apple.com/privacy/contact/ if you wish to have access to the information that Apple holds concerning you or if you want to make changes.

Section 9.6: Governing Law. In Germany, the laws of Germany govern all AGOS sales, without giving effect to its conflict of law provisions. For customers that do not qualify as consumers, these AGOS terms are governed by and construed in accordance with the laws of the Republic of Ireland and all claims must be brought in the courts of the Republic of Ireland.

Japan

Section 4: Sales Tax. In Japan, the AGOS price will include the appropriate VAT tax.

Section 9.6: Governing Law. In Japan, to the extent permitted by law, the laws of Japan govern all AGOS sales, without giving effect to its conflict of law provisions.

10.6 United Kingdom

For the purposes of this agreement, “Apple” is Apple Sales International, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, or its successor in title.

Section 4: Sales Tax. In United Kingdom, AGOS purchases will include appropriate sales tax based on where the product is shipped and the sales tax rate(s) in effect at the time your order invoices. The proof of purchase that Apple mails to you will include any applicable sales tax.

Section 7: In the United Kingdom, the following right to withdraw from the agreement applies.

7.1 Right to withdraw from the contract. If you are not satisfied with any product or the terms of any entitlement to services you have purchased from us on AGOS (hereinafter “Product” and “Service”), 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 14 calendar days of delivery of the Product or entering into the contract for the purchase of Services.

7.2 Exceptions to the right to withdraw from the contract. (i) Products. You may not return a Product and claim a refund if the Product concerned is: a) Software which we supplied to you sealed and unused and you have broken the seal or which you have successfully downloaded from the AGOS website; or b) a personalized product such as iPod or iPad with an engraving made in accordance with your specifications. (ii) Services. You may not obtain a refund for a Service if you have commenced use of the Service.

7.3 Conditions to exercise the right to withdraw from the contract. You can exercise your right to 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 provided: (i) You inform us of your decision to cancel the contract within 14 calendar 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 the procedure described in paragraph 7.4 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.

7.4 Procedure to follow to claim a refund under your right to withdraw from the contract. (i) Please telephone us on 0845 600 1683 between 08:00 and 21.00 Monday to Friday or 09:00 and 20.00 Saturday and Sunday to make arrangements for return. You will then be provided with an RMA (Return Material Authorization) number. (ii) Apple will subsequently arrange for the Product(s) to be collected by Apple's nominated carrier. You will be contacted in advance to arrange for a suitable collection time and collection place. (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 if possible all packaging that was originally supplied. Unless damaged while being opened, the original Product packaging is most suitable for use for Product returns, and unless damaged while the Product was opened, this packaging should be used. Apple reserves the right to reject a returned Product that was damaged because it was improperly packaged during the returns process. 4. Ensure the following returns address and the RMA number are clearly displayed: FAO RO Dept. Apple UKDC C/O Walsh Western UK Ltd Logix Park Watling Street (A5) Hinckley Leicestershire LE10 3HZ 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. Should you fail to follow this procedure and should the condition of the Product(s) received by Apple show that you failed to discharge your obligations to take reasonable care of the Products, your refund will be reduced.

7.5 Faulty products or products which are not in conformity. 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 paragraph 10 below, please telephone us on 0845 600 1683 between 08:00 and 21.00 Monday to Friday or 09:00 and 20.00 Saturday and Sunday.

Section 9.3 (Product Changes): Notwithstanding section 9.3 prior to the conclusion of your contract with Apple, you will be provided with the correct information about the main characteristics of the goods or services, as well as the price and delivery costs of the goods or services including all taxes.

The following is added to section 9.5 (Data Protection): You may also contact Apple's European data controller at https://www.apple.com/privacy/contact/ if you wish to have access to the information that Apple holds concerning you or if you want to make changes.

Section 9.6: Governing Law. In the United Kingdom, to the extent permitted by law, the laws of the country where you made the purchase govern all AGOS sales, without giving effect to its conflict of law provisions. For customers that do not qualify as consumers, these AGOS terms are governed by and construed in accordance with the laws of the Republic of Ireland and all claims must be brought in the courts of the Republic of Ireland.

10.7 United States

Section 4: Sales Tax. In the United States, in addition to the price of your purchases, Apple will charge you sales tax based on your shipping address and the sales tax rate in effect at the time your order is billed. Apple will provide an estimated dollar total of your order including tax and any applicable shipping charges at the time you place your order. If the sales tax rate for the state to which your order is being shipped changes before the product is shipped, the rate in effect at the time your order is invoiced will apply.

Section 9.6: Governing Law. In the United States, to the extent permitted by law, the laws of the State of California govern all AGOS sales, without giving effect to its conflict of law provisions.

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