The Apple Store
1.1 In these Terms and Conditions of Sale: The “Company” or “us” or “we” means Exertis Ireland Ltd. (and its assigns and successors-in-title) having its registered office at Exertis IrelandUnit 21 Fonthill Road Fonthill Business Park Yellow Walls Clondalkin D22 FR82 Dublin. The “Buyer" or “you” means the person ordering or buying goods from the Company on the “Apple eStore” on-line store (the “Store”). The Buyer must be 18 years of age or older. The Buyer must have a delivery address in the Republic of Ireland. No PO Boxes will be permitted. You must hold a debit/credit card in your own name. The “Goods or Services" means the goods or services the subject matter of the relevant order or contract of sale. The “Terms” means these Terms and Conditions of Sale. The Buyer’s use of the Store and purchase of Goods or Services available on the Store is subject to these Terms and the Buyer’s use of the Store constitutes binding acceptance of these Terms.
1.2 No contract in respect of the Goods or Services between the Company and the Buyer shall exist until the Buyer's order has been accepted by the Company and an order confirmation has been sent to the Buyer.
1.3 Any typographical, clerical or other error or omission on the Store and/or in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability or obligation on the part of the Company.
1.4 No representation, claim, drawings, illustrations, specification or price given in any advertising or promotional literature of the Company shall form part of the contract in respect of the Goods or Services.
1.5 The Company reserves the right to make any changes in the specification of the Goods or Services which are required to conform with any applicable safety or other statutory or EU requirements or, where the Goods or Services are to be supplied to the Company's specification, which do not materially affect their quality or performance.
1.6 The Company may update these Terms from time to time without notice to the Buyer by posting revised Terms on the Store. The Buyer’s continued use of the Store following the posting of revised Terms means the Buyer is deemed to accept and agree to such revised Terms.
2.1 All text, graphics, user interfaces, visual interfaces, photographs, images, trade-marks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Store is owned, controlled or licensed by or to the Company, and is protected by copyright, patent andtrade mark laws, and various other intellectual property rights and unfair competition laws.
2.2 Except as expressly provided in these Terms, no part of the Store and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.
3. Your Use of the Store
3.1 The Store is provided on an "AS IS" basis, without any express or implied warranty of any kind. We reserve 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 Store, or any portion of the Store, for any reason; (2) to modify or change the Store, or any portion of the Store, and any applicable policies or terms; and (3) to interrupt the operation of the Store, or any portion of the Store, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
3.2 The Buyer may not attempt to gain unauthorised access to any portion or feature of the Store, or any other systems or networks connected to the Store or to any of the Company’s server(s), or to any of the products or services offered on or through the Store, by hacking, password “mining” or any other illegitimate means.
3.3 The Buyer may not reverse look-up, trace or seek to trace to its source any information on any other user of or visitor to the Store, or exploit the Store or any service or information made available or offered by or through the Store, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than the Buyer’s own information, as provided for by the Store.
3.4 The Buyer may not use the Store or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the Company’s rights or the rights of third parties.
3.5 The Buyer agrees not to modify the software underlying the Store in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorised access to the Store.
3.6 Use of the Store is subject to existing laws and legal process. Nothing contained in these Terms shall limit the Company’s right to comply with governmental, court, and law-enforcement requests or requirements relating to the Buyer’s use of the Store.
3.7 The Store may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to visitors to the Store. Such Linked Sites are not under the Company’s control, and the Company is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
4.1 A full list of FAQ’s and contact detail is provided on the support section of the Store, to help you with any queries you may have.
4.2 While the Company tries to ensure that all prices on the Store are accurate, errors may occur. If the Company discovers an error in the price of Goods or Services the Buyer has ordered, the Company will inform the Buyer as soon as possible and give the Buyer the option of reconfirming the order at the correct price or cancelling it. If the Company is unable to contact the Buyer, the order will be treated as cancelled and if the Buyer has already paid for the Goods or Services the Buyer will receive a full refund.
5.1 The provision or display of pricing and other information relating to the Goods or Services by the Company to the Buyer does not amount to an offer by the Company to sell the Goods or Services at that price or on any other terms. Supply of such information is only an invitation to treat. When you place an order on the Store this is treated by the Company as an offer by you to purchase the Goods or Services from us. Information Required: When you decide to purchase Goods or Services you will be required to provide certain personal and payment details, any information that you provide to us for the purpose of making a purchase must be fully complete and accurate. In particular you must ensure that you are legally and fully entitled to use any debit / credit card used for a purchase, are aged over 18 years and that sufficient funds are available to cover any charges incurred by you.
5.2 Debit & Credit Card Payments: All card payments are subject to authorisation by your card issuer. During the purchasing process you will be asked to complete your payment details and all fields must be completed fully by you. We will only accept payment by certain types of credit card or debit card. No cash or cheques will be accepted. Any debit or credit cards that you use must be valid at the date of making your purchase.
5.3 Prices: The prices for Goods or Services are quoted in Euro and are subject to change from time to time. All prices are stated inclusive of valued added tax (VAT) at the relevant rate at the time of purchase (currently 23%).
5.4 Purchasing Limits: We reserve the right at our sole discretion to limit the number of any Goods or Services that may be purchased in any transaction or impose any purchasing limits that we may require from time to time.
5.5 Order Rejection: We reserve the right to accept or reject any such offer from you at our sole discretion for any legitimate reason. We will notify you if this occurs. If we are unable to supply the Goods or Services to you, we will refund the relevant amounts if already debited from your card. For example, we may reject your order in any of the following circumstances:
5.5.1 Credit Card Authorisation: When you submit details to make a purchase, a credit card check is carried out by our third party credit card payment agent with our partner bank. We may reject your order if the partner bank refuses to authorise your credit card for payment.
5.5.2 Sudden Unavailability: If we are unable to supply you with a Good, for example because that Good is not in stock or no longer available we will inform you of this and will not process your order, and refund you the full amount as soon as possible.
5.6 Security: The details of your purchase submitted over the internet is protected by 3D Secure which provides an added layer of security for online credit and debit transactions. It was developed by Visa to improve the security of Internet payments. On all transactions we use 3D Secure.
6. Order Cancellation
No order which has been accepted by the Company may be cancelled by the Buyer after expiry of the permitted cancellation periods specified below.
7.1 Any date or time quoted for delivery is to be treated as an estimate only. Delivery may be postponed or delayed due to conditions beyond the Company's reasonable control, and in no event shall the Company be liable for any damages or penalties for delay in delivery.
7.2 The Company may deliver your order in instalments; each instalment will be treated as a separate delivery.
7.3 Delivery charges may apply and you will be advised of these at the time you place your order. Delivery will be to the address specified by you in your order. We are not liable for ensuring personal delivery to you and any signature at the address provided by you shall constitute receipt of the product. Deliveries will not be made to PO Boxes or to addresses outside the Republic of Ireland.
7.4 The Company will use reasonable endeavours to ensure that Goods or Services are delivered within five (5) working days of the relevant order. If we do not deliver the Goods or Services to you within this time period, where you agree, we will deliver within an extended period of delivery agreed with you or else we will refund the price of the Goods or Services in full to you.
7.5 In the event of delay or non-delivery of Goods or Services you should immediately log into your Apple Store Account, where you will be guided as to how to proceed. Further contact detail to assist you are also provided on the support section of the Store.
8.1 Cancellation under the Consumer Information Regulations: The Company operates a cancellation and returns policy which is compliant with the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (the “Consumer Information Regulations”). These Consumer Information Regulations only apply to customers who are consumers (i.e. a natural person acting for purposes outside their trade, business or profession).
8.2 Cooling-off period: If you have changed your mind, you can get a full refund on any online purchase on the Store before the expiry of the cooling off period which is 14 calendar days following receipt of your Goods, or in the case of Services, from the date your contract was concluded. Where both Goods and Services are ordered the cooling off period expires 28 calendar days following receipt of your Goods. If multiple Goods are ordered, in one order and delivered separately, the cooling off period expires 14 days after the date of the last delivery. Please note the following limitations to this cooling off period:
8.3 Digital Content: Where you have purchased digital content not supplied on a tangible form, you hereby acknowledge that the 14 day cooling off period expires immediately once you begin to download or stream this digital content.
8.4 Supply of Services: Where you have purchased a service, you hereby acknowledge that where you begin using this service before the end of the cooling off period, you will be liable for all charges incurred up to the date of cancellation where you chose to cancel the contract under the Consumer Information Regulations.
8.5 Diminished Value of Goods or Services: Where you have used the products or services supplied to you to avail of mobile services before the expiry of the cooling off period you will be liable for any diminished value of the products or services.
8.6 Further Limitations on Cancellation Rights Please note that the right to cancel does not apply in the following circumstances:
Service contracts, after the service has been fully performed where the performance began with your prior express consent and acknowledgement that the right to cancel the contract would be lost once the contract had been fully performed;
Contracts for the supply of Goods that are, according to their nature, inseparably mixed with other items after their delivery;
Contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance;
Contracts for the supply of sealed audio or sealed video recordings or sealed computer software that were unsealed after delivery.
8.7 Cancellation Process: To cancel your order before the expiry of the cooling off period, you can contact Exertis. You will you will need to fill out the Returns Form which can be found within the Returns link on the Store, along with return instructions. A copy of the Returns Form was also provided with your delivery. You should take note of the following:
To meet the cancellation deadline it is sufficient for you to send this Returns Form to us or notify us by phone, before the cooling off period has expired.
You will be responsible for the cost of returning the products (including any additional items sent with your product, such as chargers, modems and headsets) to us.
You'll need to take reasonable care of the products until they're returned by us. The Company will not be responsible for any Goods or Services while they are in transit returning to us and we recommend you pack the products securely and that you should use a recorded-delivery service (such as prepaid post) to return any products to us.
You must return the Goods or Services to the Company within 14 days of informing the Company of your wish to cancel. Products should be returned to:
Exertis Ireland Unit 21 Fonthill Road Fonthill Business Park Yellow Walls Clondalkin D22 FR82 Dublin
Note that where you have used the Goods or Services supplied to you to avail of mobile or fixed services before the expiry of the cooling off period you will be liable for any diminished value of the goods or services.
You will also be responsible for paying for any service charges incurred such as line rental, call charges and data used up to the date of cancellation.
Please note if returning Goods or Services we require the original invoice or order number or your full name and address plus your mobile contact number. Without this information we will be unable to identify a returned package as yours and we will not be able to process the return/refund.
We will refund the original purchase price (less any discounts we applied at the time of your purchase and less any applicable diminished value amount or service charges) for the products or service you're cancelling, together with the delivery charge to you (unless the delivery charge was a priority or express delivery cost) as soon as reasonably possible, and in any case in accordance with our statutory obligations. You will be refunded using the same means of payment you used for your initial transaction.
9. Privacy – Data Protection - Personal Information
Personal data obtained by the Company from you shall be held and processed in accordance with all applicable laws and consistently with the Company’s Privacy Statement. The Company may use and share your personal data with affiliated companies, agents or subcontractors located in the Republic of Ireland solely in order to fulfil the order placed by you for the Goods or Services and to address any queries that may arise in relation to such fulfilment. Please review the Company’s Privacy Statement in order to understand our privacy and data protection practices, and for full details of the Company's Privacy Practices, please see Privacy Practices:
Or contact Exertis. You consent to the processing of your personal data in accordance with the above.
Without prejudice to the above, the Buyer hereby gives the Buyer’s consent and accepts and agrees that the Company may disclose any information the Company holds relating to the Buyer (including their Personal Data) to outside parties if the Company believes such action is necessary to conform with a legal requirement or comply with the legal process, protect and defend the rights or property of the Company and act to protect the interests of its customers or others.
10. Property and Risk
All risk in respect of the Goods or Services shall be assumed by the Buyer upon delivery of the same to the Buyer.
11. Loss or Damage In Transit Or Non Delivery
The Buyer shall examine the Goods or Services immediately after they are delivered to the Buyer. In the event of a defect/shortage the Buyer will promptly notify the Company in writing or by email. This will give the Company the opportunity to suggest an appropriate solution, which may include a price refund, replacement, or repair.
12. Late Delivery
If delivery is not made within 30 days from the original date of your order and you have not subsequently accepted delivery or agreed to a delivery date outside the 30 days, you may cancel your order without charge and obtain a full refund. This right is in addition to your “cooling off” rights.
13. Defective Products - Warranty
The Company's liability (both in contract and in tort) in respect of defects in the Goods or Services shall be limited to the replacement of faulty items or material, or the granting of a refund or such other compensatory measures as the Company at its discretion considers appropriate in the circumstances. Such measures shall relate only to the actual faulty items or their value, and the Company shall not in any circumstances be under any liability to the Buyer in respect of:
(a) any indirect or consequential loss or damage, sustained by the Buyer howsoever caused; or
(b) any economic losses (including, without limitation, loss or revenues, profits, contracts, business or anticipated savings); or
(c) any expenditure incurred by the Buyer in respect of Goods or Services alleged to be defective; or
(d) any Goods or Services which have been processed in any way by the Buyer or damaged after the risk in the Goods or Services has passed to the Buyer; or
(e) any liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company's instructions (whether oral or in writing), misuse or alteration or repair of the Goods or Services without the Company's approval; or
(f) any liability under any warranty, condition or guarantee (whether express or implied) if the total price for the Goods or Services has not been paid by the due date for payment; or
(g) any loss of goodwill or reputation; provided, always that these Terms do not exclude or restrict the Company's liability for death or personal injury from its negligence.
14. Force Majeure
The Company reserves the right to cancel, vary or suspend the operation of the contract of sale if events occur which are in the nature of force majeure including (without prejudice to the generality of the foregoing) fire, floods, storm, plant breakdown, strikes, lock-outs, riots, hostilities, non-availability of materials or supplies or any other event outside the control of the Company and the Company shall not be held liable for any breach of contract resulting from such events.
15. Applicable Law
These Terms shall be construed in accordance with Irish Law and the parties irrevocably consent to bring any legal action to enforce these Terms before a court of competent jurisdiction in Ireland.
If any provision of these Terms is held by a court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question shall not be affected.
The Company may subcontract, assign or transfer its obligations or rights to a competent third party whether in whole or in part. The Buyer may not assign or transfer any of its obligations.
Any notice required to be given by either party to the other under these Terms shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant times have been notified pursuant to this provision to the party giving notice.
19. Entire Agreement
THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN THE BUYER AND THE COMPANY WITH REGARD TO THE BUYER’S USE OF THE STORE.