APPLE product return programme

By participating in the Apple Product Return Programme, you confirm that you have read and understood and agree to the Terms of Use. These Terms of Use (the "TOU") replace and supersede all previous agreements between you and TES-AMM DATASERV GmbH.

1. Scope of the Apple Product Return Programme

The Apple Product Return Programme (“Programme”) is operated by TES-AMM DATASERV GmbH (“TES-AMM DATASERV”) to return used Apple equipment.

2. Conclusion of Agreement

The Programme is offered online at https://www.apple-returnprogramme.com only. The agreement between the Customer and TES-AMM DATASERV (the “Agreement”) will be concluded once the Customer accepts these TOU by clicking on the appropriate button.

By accepting the TOU, the Customer confirms that he/she is the lawful owner of the Used Equipment and that this ownership is not subject to any third party right, including but nor limited to retention of title. The Customer warrants that the Used Equipment (1) does not infringe any third party intellectual property rights (including copyrights, trademarks, patents, trade secrets or other proprietary rights); (2) is not counterfeit, stolen, or fraudulent.

3. Handling of Data

By agreeing to the offered Service, you agree and understand that TES-AMM DATASERV may store, process and use data collected from you in line with the TES-AMM DATASERV Data Privacy Policy for the purposes of processing your transaction. For the avoidance of doubt, Apple will not store, process and use any such personal data.

TES-AMM DATASERV systematically removes all data from the Used Equipment (however makes no guarantee in this regard). It is the Customer’s responsibility to delete all confidential data and information, which may be subject to applicable data protection laws. Before the Used Equipment is sent to TES-AMM DATASERV, the Customer shall:

save or transfer data of any kind;
delete all data from the hard drive and any other storage media of the Used Equipment; and
remove any removable storage media, including but not limited to floppy disks, CDs or PC cards.

TES-AMM DATASERV accepts absolutely no responsibility for lost (confidential) data and software. TES-AMM DATASERV reserves the right under these TOU to refuse the participation of the Customer in the Programme if the Customer does not fulfil the requirements of this clause 3.

4. Return of Used Equipment to TES-AMM DATASERV

The Customer must package and send the Used Equipment in accordance with the instructions from TES-AMM DATASERV. This includes, but is not limited to, instructions on weight limitations as well as on the quantity and type of equipment. The Used Equipment must be sent with the supplied prepaid collection service. The Customer must ensure that Apple used equipment only is sent to TES-AMM DATASERV and no other materials or products are shipped. Furthermore, the Customer must ensure that the shipped equipment corresponds to the Used Equipment as recorded on the TES-AMM DATASERV website.

TES-AMM DATASERV will not accept any shipments that are sent “collect on delivery”.

If the requirements as outlined above are not met, the Used Equipment will be deemed as not received. If Used Equipment is not received within 30 days of the agreement between Customer and TES-AMM DATASERV or if Used Equipment is deemed to be not received as outlined above, TES-AMM DATASERV reserves the right to cancel the agreement.

4.1 Returned product - Used Equipment

All equipment is to be returned as Used Equipment and packed in a manner that avoids damage, cosmetic or otherwise
Process Information: The Returned Product is processed through a REUSE Process.
The Used Equipment that can be REUSED after successfully passing through the REUSE Process is re-classified as REEE (Reused Electrical / Electronic Equipment)
REEE is sold or donated for further use and it can thereafter re-enter the process as used Equipment for subsequent REUSE

4.2 Waste Electrical / Electronic Equipment

The Used Equipment that cannot be REUSED after unsuccessfully passing through the REUSE Process is re-classified as WEEE ( Waste Electrical / Electronic Equipment)
Process Information: Waste Electrical / Electronic Equipment ( WEEE) subsequent to failing to pass through any or all of the REUSE Process Waste Electrical / Electronic Equipment (WEEE) is thereafter treated as waste ( WEEE) and falls out of the Reuse Process for the purpose of Recycling / Disposal
All WEEE is subject to the Regulation of The WEEE Directive and handled and transported accordingly.

5. Cancellation or changes

Pick up dates, times, locations and names are not changeable.

Cancelled orders must be advised 24 hours prior to scheduled pick up. For cancellation please send an email to consumer@apple-returnprogramme.com requesting a cancellation.

If you wish to request a new collection, please re-enter your request on-line by visiting:
https://www.apple-returnprogramme.com

6. Ownership and Transfer of Risk

Ownership of the Used Equipment will transfer to TES-AMM DATASERV upon TES-AMM DATASERV's receipt of the used equipment. If TES-AMM DATASERV does not accept the Used Equipment, for whatever reason, title shall not pass and shall remain with the Customer.

7. Accuracy of Statement

The Customer warrants that all personal data are complete and correct. TES-AMM DATASERV cannot process return requests with incomplete or incorrect data.

8. Warranty

TES-AMM DATASERV warrants that this Programme is conducted with appropriate diligence. TES-AMM DATASERV does not give any further warranties and excludes any warranty, both explicit and implicit, including, but not limited to, the implicit guarantee for marketability and eligibility for a particular purpose. Statutory consumer rights are not affected by the restrictions stated above.

No party is liable for delays or failure to perform if such delay or failure is caused by any circumstances beyond the reasonable control of the party.

9. Limitation of Liability

TES-AMM DATASERV accepts no liability beyond the terms listed herein. TES-AMM DATASERV rules out any liability for loss in earnings, business loss or consequential damages incidentally incurred, particularly losses and claim for damages, even if advised about such losses. Third party requirements are also excluded.

NOTHING IN THIS CLAUSE 9 EXCLUDES OR LIMITS EITHER PARTY'S (i) LIABILITY FOR DEATH OR PERSONAL INJURY, (ii) FOR FRAUD, OR (iii) FOR DAMAGES CAUSED (a) DELIBERATELY, (b) BY GROSS NEGLIGENCE, OR (c) - IN RELATION TO THE BREACH OF A MATERIAL CONTRACTUAL OBLIGATION - BY SLIGHT NEGLIGENCE, WHEREBY THE LIABILITY IN SUCH CASES IS LIMITED TO THE EXTENT THAT THE DAMAGE IS TYPICAL TO THE CONTRACT AND WAS FORESEEABLE.

10. General

This agreement cannot be varied unless agreed in writing or by email. It is valid for one individual Customer at a time.

The failure to enforce any term of the TOU does not constitute a waiver of such term. Such failure shall in no way affect the right to later enforce such term.

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

The Apple Product Return Programme is operated exclusively by TES-AMM DATASERV GmbH in its sole responsibility. Apple Sales International is not liable for
and does not warrant for any service provided under this Programme.