SALES TERMS AND CONDITIONS ("TERMS")

Hong Kong Apple Store for Education Individuals

Thanks for shopping at Apple. We appreciate the fact that you like to buy the cool stuff we build. We also want to make sure you have a rewarding experience while you’re exploring, evaluating, and purchasing our products, whether you’re at the Apple Online (i.e. Apple Store for Education Individuals) or on the phone with the Apple Contact Center. (To make it visually easier on both of us, we’ll refer to these entities as the “Apple Store” in this policy.)

As with any shopping experience, there are terms and conditions that apply to transactions at an Apple Store. Please note that by placing an order with the Apple Store, you agree to the terms set forth below along with Apple’s Privacy Policy and Website Terms of Use.

Eligibility

Those eligible to purchase from the Apple Store include faculty, staff and students as follows:

• Kindergarten, Primary and secondary schools: Any employee of a public or private kindergarten, primary or secondary schools in Hong Kong is eligible.
• University and Polytechnics: Faculty and staff of Universities or Polytechnics in Hong Kong; and students attending, or accepted into Universities or Polytechnics in Hong Kong are eligible to purchase.

Purchases from the Apple Store are not for institutional purchase or resale.

Purchase Quantity

Those eligible to purchase from the Apple Store for Education with Eligible Education Pricing will be allowed to purchase the following quantities of products per year. Not all products have special Education Pricing.

• Desktop: One (1) may be purchased per year
• Mac mini: One (1) may be purchased per year
• Notebook: One (1) may be purchased per year
• iPad: Two (2) may be purchased per year
• Accessories: Two (2) accessories with Education Pricing may be purchased per year

Education customers audit rights

Apple routinely audits the purchases of customers at the Apple Store to insure that only eligible purchases have ordered and that all purchase conditions have been observed. Should an audit disclose after delivery (or should Apple otherwise discover) that you were not an eligible purchaser at the time you placed your order or that you have not observed all of the conditions applicable to your purchase, you authorize Apple:

• If you placed your order by credit card, to charge to your credit card the difference between the amount you paid for the delivered goods and the price that Apple charged the general public for the same goods at the Apple Store, in effect on the date that you placed your order; and
• If you paid by a means other than credit card, to (a) invoice you for the difference between the amount that you paid for the delivered goods and the price that Apple charged the general public for the same goods at the Apple Store, payable in fifteen days from the date of the invoice, and (b), should you fail to pay the invoice when due, institute legal action against you in a court of competent jurisdiction, with the prevailing party entitled to attorneys' fees.

Should Apple not offer to the general public the specific products that you purchased at the Apple Store, your credit card will be charged or you will be invoiced the difference between the amount you paid for the delivered goods and the price that Apple charged the general public for the closest equivalent goods at the Apple Store, in effect on the date that you placed your order.

Exchange

All products purchased at Apple Store in Hong Kong cannot be returned or exchanged under these Terms. Exceptions for exchange will be allowed for defective products only. If you believe that your product is defective, please call Apple Store Customer Service at (852) 800-908-988. Apple determines, in its sold discretion, that the product is defective, you will be eligible to exchange your product. Apple reserves the right to test your defective products.

To send back a product eligible for exchange, simply follow the instruction of Apple Store Customer Service and send back your product with the original receipt (or gift receipt) and original packaging within 14 days of the date you receive the product.

Please note the following:

• Eligible products can be returned only in the country or region in which they were originally purchased.
• Apple provides security features to enable you to protect your product in case of loss or theft. If you do not disable these features prior to sending back your device for an exchange, Apple may refuse to exchange.

iPhone Purchase

The purchase and use of an iPhone is subject to terms and conditions found at: http://www.apple.com/legal/sla/ and http://www.apple.com/legal/warranty/. In addition, by purchasing an iPhone, you expressly acknowledge that:

• A wireless service plan is required to activate all iPhone features.
• Making unauthorized modifications to the software on an iPhone violates the iPhone software license agreement. Should you be unable to use your iPhone due to an unauthorized software modification, its repair will not be covered under the warranty.

Wireless Services

Some Apple products utilize wireless services that may incur extra costs and are governed by the terms of a separate agreement between you and your selected wireless service provider. Exchanging a product at the Apple Store does not automatically cancel your wireless service. You are responsible for your wireless service agreement and for any applicable fees associated with your wireless account.

Pricing and Price Reductions/Corrections

With regards to pricing, Apple reserves the right to change prices for products displayed at/on the Apple Store at any time, and to correct pricing errors that may inadvertently occur. In the event of a pricing error, we will notify you of the error and allow you to either proceed with the transaction at the correct price or cancel your order at no cost to you. Additional information about pricing and sales tax is available on the Payment & Pricing page.

Should Apple reduce its price on any Apple-branded product within 14 calendar days from the date you receive your product, feel free to contact the Apple Contact Center at 800-908-988 to request a refund or credit of the difference between the price you were charged and the current selling price. To receive the refund or credit you must contact Apple within 14 calendar days of the price change. Please note that this excludes limited-time price reductions, such as those that occur during special sales events.

Order Receipt and Status Check

Information contained at the Apple Store constitutes an invitation to treat. No such information constitutes an offer by us to supply any products. By placing an order, you make an offer to us to purchase the products you have selected on these terms and conditions. We may or may not accept your offer at our discretion. Once we receive your order, we’ll provide you with an email order confirmation. Your receipt of an order confirmation, however, does not signify Apple’s acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. The decision to accept your order is in our sole discretion. Because we want to make sure that we have your product available, we won’t accept your order until we have prepared your product for shipping. In most cases this will be within twenty-four hours for items that are in stock. Apple may, in its sole discretion, refuse or cancel any order and limit order quantity. Apple may require additional qualifying information prior to accepting or processing any order. After you receive our email order confirmation, you can visit Order Status online to check your order status at anytime. When the order status message shows “Preparing for Shipment”, it means that we have accepted your order.

Shipping & Delivery

Please review the Shipping & Pickup page to learn about how and when you will receive the products you purchased from the Apple Store. Since the actual delivery of your order can be impacted by many events beyond Apple’s control once it leaves our facilities, Apple cannot be held liable for late deliveries. The estimated shipment date on your order is based on product availability, payment processing time, and warehouse processing time and does not include transit time. Payment processing will not begin until we receive all the information we need and full payment. Apple must receive your payment within 10 calendar days or your order will be cancelled.

Apple Store products are delivered by appointed courier(s) during business hours Monday to Friday. Signature is required for all deliveries. In the event of an unsuccessful delivery, a calling card will be left to inform you to contact the courier to arrange a more convenient delivery day. We will send you an email after three delivery attempts requesting you to contact us within three days to arrange for re-delivery. If we do not hear from you within three days to arrange for re-delivery or if re-delivery is still unsuccessful, the relevant products of your order will be considered as cancelled and you will be subject to a 15% restocking fee. Delivery to a PO Box is not permitted for security reasons. We do not ship to freight forwarders. Customers with addresses on outlying islands may not receive door to door delivery.

You will be subject to a 15% restocking fee if you request to cancel your order after the order is being prepared for shipment or shipped out. We cannot guarantee to suspend the shipment of such order, and it is your obligation to reject the delivery if it arrives at the shipment address as stated on your order. If the delivery is accepted, you will not be able to return it unless the product is defective. We will make the refund for such cancelled orders based upon the original payment method after deducting the restocking fee. Please note that we will only remit refunds to a Hong Kong bank account where the name of the bank account holder matches the payor's name/information. Please also note that we only remit refunds domestically and cannot remit refunds outside of Hong Kong.

Consumers Only

The Apple Store sells and ships products to end-user customers only. You may not purchase products at the Apple Store for resale, and we reserve the right to refuse or cancel your order if we have reasonable grounds to believe the product is not being purchased by you for end use.

Hong Kong Sales Only

The Apple Store accepts orders from billing addresses within Hong Kong. Apple will not ship products purchased at the Apple Store to an address outside of the Hong Kong. Apple products are subject to Hong Kong and international export control laws and regulations and must be purchased, sold, exported, re-exported, transferred, and used in compliance with such export laws and regulations.

Shopping outside Hong Kong

There are more than 35 Apple Online Stores in countries or region around the globe. The Apple Online Store Hong Kong ships only within Hong Kong. If you would like to purchase Apple products from outside Hong Kong, please see our International Store Directory to find out if an Apple Online Store serves your country or region.

Product Availability and Limitations

Given the popularity and/or supply constraints of some of our products, Apple may have to limit the number of products available for purchase. Apple reserves the right to change quantities available for purchase at any time, even after you place an order. Furthermore, there may be occasions when Apple confirms your order but subsequently learns that it cannot supply the ordered product. In the event we cannot supply a product you ordered, Apple will cancel the order and refund your purchase price in full.

Watch Purchase Limitations

As required by law, Apple Store Gift Cards cannot be used to purchase Apple Watches with value of HK$120,000 or more in any single or linked transaction(s). Your order(s) will be cancelled if you exceed the limit.

Apple One-Year Limited Manufacturer Warranty

Apple provides a one-year limited manufacturer warranty against defects in materials and workmanship for any new Apple branded product. The applicable warranty terms and conditions can be reviewed at http://apple.com/hk/shop/legal/warranty and are also contained in your Apple hardware box. The Apple One-Year Limited Warranty does not apply to products that are not Apple-branded, even if packaged or sold with Apple products. Non-Apple branded products may have the benefit of a manufacturer's warranty provided by the product manufacturer - please see your product box and literature for details.

Data Protection

By placing your order, you agree that we may store, process and use data provided by you for the purposes of processing your order. If you so indicate on the appropriate section of the checkout page, by placing your order you also agree that we may transfer such data, other than credit card details, to other companies in the Apple group of companies in order to provide you with information from time to time on other Apple products and services that may be of interest to you. If you do not agree to our transferring such data to other companies in the Apple group of companies in order to provide you with information on other Apple products and services, you should indicate your non-agreement on the appropriate section of checkout. You may obtain a copy of the data held by us concerning you on request in writing. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect, we will correct it on your written request.

Recycling

If the product you purchase is a computer, printer, or monitor, such product would be the regulated electrical equipment under the Product Eco-responsibility Ordinance (Cap.603),and please note that the following statement will be applicable:

A product set out in the receipt is regulated electrical equipment under the Product Eco-responsibility Ordinance (Cap.603). The Ordinance imposes a recycling levy on an item of regulated electrical equipment for the class of such equipment to which the product belongs as follows:

• Computer or Printer (≤ 30Kg): $15 per item
• Monitor: $45 per item

Please visit http://appleprs.re-teck.com within 3 days of receipt of your purchase to learn more and arrange free removal of old devices with Apple’s recycling partner (Li Tong Recycling).

General

This policy will be governed by the laws of the Special Administrative Region of Hong Kong. Both we and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that Region. Neither our failure or your failure to enforce any term of the policy constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.