1. About these Terms and Conditions

In these terms and conditions "we" and "us" mean Apple South Asia Pte Ltd, and "you" means you the customer. Words spelt with initial capital letters are defined terms which, for your ease of reference, are set out at the end of the terms and conditions. These terms and conditions together with your Order constitute the entire Contract between us and you for the supply of Products. No other terms and conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email.

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2. Philippines Sales Only

We only sell and ship Products within Philippines. We will not make deliveries outside Philippines. You may not export any products purchased at the Apple Store.

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3. Standard Exchange Policy

Only defective products purchased at Apple Store in Philippines can be returned or exchanged under these Terms. If you believe that your product is defective, please call Apple Store Customer Service at 1800-1651-0525 (Smart / PLDT), 1800-8474-7382 (Globe). If Apple determines, in its sole 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 exchanged 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.

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4. Sales to End Users Only

The Apple Store sells and ships products to end user customers only.

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5. Hours of Operation

If you would like product and pricing information, our Apple Specialists are available to assist you Monday to Friday 9:00 am to 6:00 pm, on 1800-1651-0525 (Smart / PLDT), 1800-8474-7382 (Globe). For order status information or other assistance with an order you have already placed with the Apple Store, please contact Apple Sales Support at 1800-1651-0525 (Smart / PLDT), 1800-8474-7382 (Globe) between the hours of 9:00 am and 6:00 pm Monday to Friday.

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6. Placing Your Order

6.1 You may place an Order by either:

6.1.1 Filling in the Order Form on the Apple Store Web Site and clicking the "Submit My Order" button; or

6.1.2 Telephoning us on 1800-1651-0525 (Smart / PLDT), 1800-8474-7382 (Globe) between 9:00 am and 6:00 pm Monday to Friday, excluding Singapore public holidays.

6.2 You must use the Order Form from the Apple Store Web Site. We will not accept Orders placed in any way other than those listed above.

6.3 If you wish to pay by cheque, bank cheque or money order you must place your Order by telephone.

6.4 When you place your Order, we will issue you with a Web Order Number. We will do this by email, unless you do not have an email address, in which case we will issue your Web Order Number by fax or mail.

6.5 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. 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. If you have not supplied an e-mail address we will fax or post the Order Confirmation to you. The Order Confirmation will be effective on sending.

6.6 If we cannot accept your Order we will contact you by telephone.

6.7 Information contained on the Apple Store Web Site constitutes an invitation to treat. No such information constitutes an offer by us to supply any Products.

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7. Supply of Your Products

7.1 Subject to these terms and conditions, we will supply to you the Products indicated on your Order Confirmation.

7.2 When your Order has been shipped, we will email you or if you do not have an email address, we will fax you to confirm shipment.

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8. Payment Methods

8.1 Credit Card

8.1.1 You may pay for your Products by the methods of payment as displayed on the payment section of the Apple Store Web Site from time to time. At the time your order is placed, Apple obtains a pre-approval from the credit card company for the amount of the order. Credit card billing occurs when your order ships.

8.1.2 The Apple Store currently accepts Visa, MasterCard and American Express only

8.1.3 You must pay the price payable in Philippines Peso as indicated on your Order Confirmation

8.1.4 Please check with your card issuing bank regarding additional services charges applied by your bank. Any service charges imposed by your banks are not reflected in the order value on the web site.

8.1.5 We will email or post your invoice to you at the billing address indicated on your Order Confirmation when we ship your Products to you. Your invoice will be your proof of purchase.

PLEASE NOTE:

1. We accept credit cards issued by banks from Indonesia, Malaysia, Philippines, Singapore, Thailand, United States and Vietnam.
2. For information about alternate payment options please review options listed in the following sections.
3. You may be required to provide further identification for additional security reference checks.

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9. Taxes

Apple Store purchases are inclusive of all local taxes and duties. If you phone in your order, the Apple Specialist will provide the final total amount of your order including all local taxes and duties and any applicable shipping charges at the time you place your order. The invoice Apple emails or posts to you will include the final total amount inclusive of all local taxes and duties and any applicable shipping charges for products purchased.

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10. Prices

10.1 The Apple Store endeavours to offer you competitive prices on current Apple products. Apple reserves the right to change prices for products displayed at the Apple Store at any time.

10.2 Should Apple reduce its price on any Apple-branded product within 14 calendar days from the date you receive your product, feel free to visit an Apple Retail Store or contact the Apple Contact Center at 1800-1651-0525 (Smart / PLDT), 1800-8474-7382 (Globe) 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.

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11. Product Availability

11.1 Estimated ship time is the length of time it will take us to validate your credit card, or verify receipt of payment in the case of bank transfers, assemble the right products and package your order. Delivery time is the length of time it will take for the package to travel from our warehouse to your shipping address.

11.2 Apple makes every effort to ship your product according to the estimated ship times provided by the Apple Store at checkout. The estimated ship times are in business days (Monday through Friday) excluding Public holidays. Estimated ship times will begin the following business day for orders placed and credit or payment cleared after 3.00 p.m.

11.3 Although every effort is made to ship your order according to the estimated ship times provided, estimated ship times may change due to changes in supply. If the estimated ship time changes, Apple will contact you via email and provide a revised estimated ship time estimate.

11.4 We encourage you to contact the Apple Store Sales Support team on 1800-1651-0525 (Smart / PLDT), 1800-8474-7382 (Globe) for order status information or navigate to http://www.apple.com/my/shop and click the " Account" button to view the status of your order.

11.5 Given the popularity of some products, Apple may restrict the number of such items that you may purchase. Any product limit restrictions will be posted on the Apple Store web site. This information is subject to change.

11.6 Apple endeavours to stay at the forefront of technological advancement. For this reason, Apple reserves the right to discontinue products without notice.

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12. Delivery of Your Products

12.1 Apple offers a standard road freight service at no additional charge.

12.2 Except to the extent that your Products comprise Software, title and risk of loss to all Products will pass to you upon the shipment of the Product to you from Apple's shipping location, which is located outside the Customs territory and national jurisdiction of Philippines. The carrier will deliver the Products to you on your behalf as your agent.

12.3 No delivery of any Products will be made to any address outside Philippines

12.4 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 (or a full authorisation, in the case of credit card, loan or lease orders).

12.5 Orders placed on the weekend or on a public holiday will not begin payment processing until the next business day.

12.6 Business days are Monday through Friday, excluding Singapore public holidays.

12.7 Unless otherwise agreed by us, delivery of your Products will be made to the ship to address indicated on your Order Confirmation. If no-one is available to take delivery of your Products, the carrier will leave a card requesting you to telephone and arrange a suitable time and date for delivery.

12.8 We will use our reasonable endeavours to deliver your Products to you within 10 working days of the date of issue of your Order Confirmation, however, we do not guarantee that we will deliver within this time frame. If we are unable to deliver your Products to you within 30 days of the date of issue of your Order Confirmation, you will have the option to cancel your Order.

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13. Shipping

Apple offers partial shipment of orders, this means the products in your order will be shipped as they become available without waiting for all the products to be available. This also means that you may receive more than one delivery for a multiple item order.

As Apple takes care of the dispatch of the products you purchase on the Apple Store, the risk of loss of, or damage to, product(s) shall pass to you when you, or a person designated by you, acquires physical possession of the product(s). Title in the product(s) shall pass to you when the product(s) is picked up by the carrier from our warehouse. At this point, you will receive the Shipment Notification Email. If there are any issues with delivery, please contact Apple to resolve.

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14. Software Licensing

All Software is licensed to you on the terms and conditions of the applicable licence agreements. These licence agreements are shipped with the Software.

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15. Dead On Arrival (DOA) Product: System Failure Out of the Box

15.1 An Apple-branded hardware product is considered DOA if it shows symptoms of a hardware failure, preventing basic operability, upon its first use out of the box. If you believe that your product is DOA, please call AppleCare Technical Support on 1800-1651-0525 (Smart / PLDT), 1800-8474-7382 (Globe) within 14 calendar days from the date customer receive the product. AppleCare Technical Support will determine whether the product is DOA and offer you the following options:

15.2. Replacement: The same product that you ordered will be shipped to you at Apple's expense. A representative from the delivery company will contact you within 48 hours of your call with the replacement product delivery details and the procedure for returning the DOA product.

15.3 Service: You may have the product repaired; however, once serviced, the product is no longer eligible for replacement.

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16. DOA Terms and Conditions

16.1 This DOA policy applies only to Apple-branded hardware products currently offered at the Apple Consumer Store. As new products are offered, Apple reserves the right to determine whether or not this policy applies. This DOA policy does not apply to third-party products that do not bear the Apple brand name. You may call the manufacturer directly with any third-party product issues.

16.2 If the product is deemed DOA by AppleCare Technical Support more than 14 calendar days from the date customer receive the product, Apple's standard product warranty will apply.

16.3 If the product is deemed by AppleCare Technical Support NOT to be DOA, Apple's standard product warranty will apply.

16.4 Shipping will be arranged at Apple's expense for all products determined by AppleCare Technical Support to be DOA.

16.5 Apple reserves the right to test returned DOA product. If the condition of the product is misrepresented by the customer, Apple may impose a handling fee.

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17. Defective Items

17.1 Apple Branded Products
If you discover what you believe is a product defect for any Apple-branded product, please contact AppleCare Technical Support on 1800-1651-0525 (Smart / PLDT), 1800-8474-7382 (Globe). Such a defect, if any, is covered under the terms of your product's warranty. Please refer to the warranty information and other supporting documentation that came with your product. (See Product Warranty section below for specific information about Apple's product warranties.)

17.2 Non-Apple Branded/Third-Party Products
If you discover what you believe is a product defect for any third-party product, please contact the manufacturer directly for information regarding the manufacturer's warranty.

Note: Products sold through this web site that do not bear the Apple brand name are serviced and supported exclusively by their manufacturers in accordance with terms and conditions packaged with the products. Apple's Limited Warranty does not apply to products that are not Apple-branded, even if packaged or sold with Apple products.

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18. Electronic Software Downloads

18.1 Using a valid Apple Store Account, you can select downloadable software products for purchase at the Apple Store. At the time of checkout, we will obtain an authorisation from the credit card you have provided the Apple Store. Once credit card authorisation has been received, you will receive instructions in the form of a link to begin downloading your software.

18.2 If the transmission is interrupted in any way during download, you can use your Apple Store account and password to begin the downloading process again. Once you complete your order, you will receive a separate email acknowledgment that provides information about your purchase.

18.3 If credit card authorisation is not received, you will receive instructions for completing your purchase.

18.4 If you need technical assistance regarding electronic software downloads, please call Apple Technical Software Support on 1800-1651-0525 (Smart / PLDT), 1800-8474-7382 (Globe).

18.5 Please read the product information for Electronic Software Downloads carefully since software download purchases are non-refundable.

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19. Proof of Purchase

Apple will send an Order Confirmation via email if you have included an email address with your order. If you have not included an email address, you will receive an Order Confirmation by regular mail when your order is shipped.

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20. Custom-Configured Product

We are pleased to offer product that is custom-configured to your specifications, and we encourage you to review your order carefully. Since the product is built to your specifications, the order cannot be changed, modified or cancelled once your order has been prepared for shipment.

However, for custom-configured Mac Pro, the order cannot be changed, modified or cancelled once it is in production.

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21. Apple Store Software Licenses

Your use of Apple-branded software is on the terms of the license in effect for the software at the time of purchase. You will be asked to agree to the terms of the applicable license at the time that you install the software. You may review examples of some of Apple's licenses, including limitations, by clicking the appropriate link below. Please be aware, however, that your purchase is subject to the particular license that accompanies the software and you must agree to the terms and conditions of that license when you install the software. That license may differ from the licenses you can review here. Be certain to read the applicable license carefully before you install the software.

Software License Agreement for Mac OS 9
Software License Agreement for Mac OS X v10.2 "Jaguar"
Software License Agreement for Mac OS X v10.3 "Panther"
Software License Agreement for Mac OS X Server
Software License Agreement for Apple Works 6
Software License Agreement for Final Cut Pro
Software License Agreement for QuickTime
Software License Agreement Single User
Software License Agreement WebObjects

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22. Other Terms and Conditions

23.1 Apple is not responsible for typographic errors.

23.2 Apple reserves the right to change the terms and conditions of sale at the Apple Store at any time.

23.3 No Apple employee or agent has the authority to vary any of the Apple Store's policies or the terms and conditions governing any sale.

23.4 Apple verifies correct pricing prior to delivery. Orders placed for goods based on incorrect prices mistakenly announced on the Apple Store may be voidable by Apple.

23.5 Apple reserves the right to cancel any order, whether accepted or not, in the event that Apple has reasonable grounds to believe that you have or will breach these terms and conditions.

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23. Product Warranty

24.1 All new Apple hardware products, carry a one-year Limited Warranty against defects in materials and workmanship. You may review a copy of the Limited Warranty on new products, including its limitations and exclusions, before you purchase, by going to the end of this document.

24.2 Non-Apple-branded/Third-party products are sold "AS IS" by the Apple Store, but may be accompanied by their manufacturers' standard warranties. "AS IS" products are sold by Apple as is, where is and with all faults, and without express or implied warranties from Apple. If you have questions about any manufacturers' warranties that accompany such products, please call 1800-1651-0525 (Smart / PLDT), 1800-8474-7382 (Globe).

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24. Our Liability

25.1 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 the Services and there are no warranties, conditions or other terms that are binding on us except as expressly stated in the Contract. 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 or otherwise (including without limitation any implied term as to quality or fitness for purpose) is hereby expressly excluded.

25.2 Notwithstanding Condition 25.1, nothing in the Contract excludes, restricts or modifies any condition, warranty, right or liability implied into this Contract (including any condition, warranty, right or liability imposed by the Trade Practices Act 1974) where to do so is illegal or would render any provision of this Contract void.

25.3. Nothing in the Contract shall limit or exclude our liability for death or personal injury caused by our negligence.

25.4. Subject to Conditions 25.2 and 25.3, 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.

25.5 Subject to Conditions 25.2, 25.3 and 25.4, 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) in question.

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25. Data Protection

By placing your Order, you agree that we may store, process and use data collected from your Order Form for the purposes of processing your Order. If you so indicate on the appropriate section of your Order Form, 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 your Order Form. 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.

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26. General

27.1 The Contract will be governed by the laws of the Republic Of Singapore. Both we and you irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of that country.

27.2 The invalidity or unenforceability of any provision of the Contract shall not adversely affect the validity or enforceability of the remaining provisions.

27.3 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure shall in no way affect the right later to enforce such term.

27.4 We will not be liable for any loss or damage suffered or incurred by you arising from our delay in fulfilling or failure to fulfil or otherwise discharge any of our obligations under the Contract, to the extent that such delay or failure is caused by any circumstance beyond our reasonable control.

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27. Defined Terms

In these terms and conditions:

"Accessory" means any ancillary Product;

"Apple Branded Hardware" means Hardware that is manufactured by or on behalf of Apple and carries the Apple trade mark;

"Apple Store Web Site" means our web site for customers in Philippines located at http://apple.com/ph/shop/;

"Apple Warranty" means Apple's standard hardware warranty, the full terms of which are set out below;

"Condition" means a condition contained in these terms and conditions;

"Contract" means these terms and conditions together with your Order;

"Hardware" means any Product which is not Software;

"Invoice" means the invoice issued by us to you showing the price of the Products and which is your proof of purchase;

"Non-Apple Branded Hardware" means any Hardware that is not Apple Branded Hardware;

"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 Web Site;

"Product" means any product listed on the Apple Store Web Site which we agree to supply to you on these terms and conditions;

"Return Materials Authorisation Form" means the form issued by us to you for the return of Products;

"Services" means any services relating to Products (including without limitation warranty and telephone support services) that we agree to supply to you on these terms and conditions;

"Software" means any software comprised in the Products including without limitation operating systems, bundled software and stand alone 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 Singapore.

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28. Limited Apple Warranty For All Apple Hardware Except iPod and iSight

see http://www.apple.com/legal/warranty/hardware.html

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29. Limited Apple Warranty For iPod & iSight

see http://images.apple.com/legal/warranty/docs/ipodisight.pdf

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