Australia

POS (RETAIL STORES):

 

  1. Introduction
    • The Recycling Service for Products is provided by Alchemy Telco Solutions Pty Ltd (“Alchemy”) through Apple Inc., and any of its affiliates and subsidiaries (individually and collectively “Apple”) at no cost to Apple’s
    • Alchemy is a registered second-hand dealer (licence number 20000405 in the Australian Capital Territory; second-hand dealer number 4386736 in Queensland; and registration number SHD 0016623 in Victoria) and is required to comply with applicable laws relating to second-hand dealer licences, including proof of identity requirements.
  2. Definitions

“Customer” means the undersigned owner of the Product.

“Product” means genuine Apple iPhone or Apple iPad owned by the Customer.

“Non-excludable Condition” means an implied condition, guarantee or warranty the exclusion of which from a contract would contravene any statute (including without limitation the Competition and Consumer Act 2010 (Cth)) or cause any part of these terms to be void.

“Recycling Service” means the responsible reuse of the Product or its parts, as determined by Alchemy in its sole discretion.

  1. Apple’s role in the Recycling Service as agent of Alchemy
    • Apple, acting as agent for Alchemy, will advise the Customer of the assessed value of its Product. This is the value that Alchemy will pay to purchase the Customer’s Product, and will be offered by Apple to the Customer as a credit applied to the purchase price of a new Apple device (the available range of such new Apple devices to be determined by Apple in its sole discretion). Alchemy makes no representation about the market value of the Product or the price that the Customer might be able to obtain for the Product
    • If the Customer agrees to participate in the Recycling Service:
      • Apple will collect from the Customer:
        • a signed copy of these terms and conditions;
        • proof of the Customer’s identity as required by law and copies of proof of identity documents provided; and
        • the Product,

and deliver these items to Alchemy; and

      • the Customer assigns to Apple the right to collect from Alchemy the assessed value of the Product.
      • Upon Apple receiving and accepting the Product on behalf of Alchemy and applying the assessed value of the Product to the purchase price of a new Apple device, title and ownership in that Product transfers to Alchemy, and the Customer disclaims any further right, title or interest in and to the Product or any items contained within or on the Product. Alchemy reserves the right to destroy, dispose of or otherwise deal with such items as it sees fit to the extent permitted by applicable law.
      • To the extent that Apple provides services to the Customer as part of the Recycling Service, the Customer understands, acknowledges and agrees that Apple is acting solely as agent for Alchemy in respect of the Recycling Service and that Apple’s role as agent of Alchemy is limited to, on behalf of Alchemy:
        • collecting the Product from the Customer;
        • advising the Customer of the assessed value of the Product;
        • obtaining from the Customer the documentation required for the purposes of the Recycling Service and compliance with applicable law; and
        • delivering the Product and associated required documentation to Alchemy; and
        • providing ancillary services in respect of the Recycling Service,

and that Apple has no liability to the Customer in respect of services provided by Apple as agent of Alchemy

  1. Customer obligations
    • The Customer represents and warrants in relation to its participation in the Recycling Service that:
      • it is the sole owner of the Product;
      • there are no liens, encumbrances or security interests in or attached to the Product;
      • it is legally entitled to sell the Product (including that the Product is not subject to any continuing contract or repayment plan);
      • it is not an Apple reseller;
      • if an individual, the Customer is at least 18 years old;
      • it is a resident of Australia; and
      • the Product is not counterfeit, stolen or fraudulent.
    • The Customer understands, acknowledges and agrees that:
      • the Recycling Service is provided for lawful purposes only, and the Customer has sole responsibility for keeping a separate backup copy of any files or data stored on the Product before transferring ownership of the Product to Alchemy, and that it has taken reasonable steps to remove files and data that are deemed personal or confidential. Data recovery is not available as part of the Recycling Service, and neither Apple nor Alchemy accepts any responsibility or liability for any files or data lost as a result of a Customer participating in the Recycling Service. The Customer authorises Alchemy to delete all Customer files and data remaining on a Product and reset any Product delivered to it as part of the Recycling Service;
      • it is responsible for ensuring the SIM card is removed from its Product and that no third party contracts are linked to the Product, and that neither Alchemy nor Apple is responsible for any costs arising from a Customer’s failure to remove the SIM card or cancel such contracts;
      • if an individual, it must provide original proof of identity document/s reasonably acceptable to Alchemy which (either individually or in aggregate) show the Customer’s full name, photograph, current address, date of birth and signature;
      • if a business, satisfactory documentary evidence of the Customer’s ABN must be supplied by an authorised representative;
      • Alchemy will submit certain details of every Product (including, for example the international mobile equipment identity number (“IMEI”)) which Alchemy purchases pursuant to the Recycling Service to one or more data systems that check for reported lost or stolen property;
      • it may be legally necessary to provide to law enforcement authorities the Customer’s personal information as provided for the purpose of participating in the Recycling Service; and
      • it (subject to any Non-excludable Condition) indemnifies Apple and Alchemy and any of their directors, officers, employees, affiliates, subsidiaries or agents from and against any claims brought against any of them arising from performing the Recycling Service in accordance with these terms and conditions, for complying with applicable law including providing information and Products to law enforcement authorities or (subject to any Non-excludable Condition) for any breach of these terms and conditions by the Customer.
  1. Other terms and conditions
    • Any information collected by Alchemy will be dealt with in accordance with the Alchemy Privacy Policy, available by emailing privacy@alchemyglobalsolutions.com. Any information collected by Apple in acting as Alchemy’s agent for the purpose of the Recycling Service will be dealt with in accordance with Alchemy’s Privacy Policy, available at: https://www.alchemyglobalsolutions.com/privacy-policy/.
    • Alchemy and Apple:
      • subject to any Non-excludable Condition, expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity; and
      • except for liability in relation to breach of any Non-excludable Condition, will under no circumstances be liable to the Customer or any third party for any lost profits, lost revenue, lost savings, lost business, loss of opportunity and special, indirect, incidental or consequential loss or damages resulting from the Customer’s participation in, or Alchemy’s provision of, the Recycling Service.
    • The Recycling Service is void where prohibited or restricted by law and may not be available in all Apple locations. Customer’s local Apple store will advise if it is able to offer the Recycling Service.
    • Alchemy and Apple reserve the right to refuse, cancel or limit the provision of Recycling Services for any reason, and may change these terms and conditions at any time without notice.
    • A Product submitted to Apple for the purpose of participating in the Recycling Service is not redeemable for
    • To the extent permitted by applicable law, these terms and conditions are governed by the laws of Victoria, Australia and you irrevocably agree that the courts of Victoria, Australia, and courts of appeal from them shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions.

 

ONLINE TERMS AND CONDITIONS:

  1. Apple Trade In is a service provided by Apple’s third-party trade-in vendor. By accepting the Trade in Terms and Conditions, you understand and agree that:
    • If you are an individual, you are at least 18 years of age.
    • If you are an individual representing a business, you are the authorised representative of that business for the purpose of entering into these terms and conditions on its behalf.
    • You are accessing the site from Australia.
    • This trade-in service is offered and provided by Apple’s third-party trade-in vendor (Name: Alchemy Telco Solutions Pty Ltd) (“Vendor”). The Vendor is a registered second-hand dealer (licence number 20000405 in the Australian Capital Territory; second-hand dealer number 4386736 in Queensland; and registration number SHD 0016623 in Victoria).
    • You are not a reseller and you are the sole owner of the trade-in device, and you are legally entitled to sell the trade-in device.
    • There are no leases or other third-party interests attached to your trade-in device (including third party contracts). Neither Vendor nor Apple is responsible for any costs arising from your failure to remove a SIM card from a trade-in device or terminate or cancel such third party interests. You further represent that your trade-in device is not counterfeit, stolen or fraudulent.
    • At completion of this transaction, ownership of your device transfers to Vendor, and you assign to Apple the right to collect from Vendor the value you receive. You hereby give Vendor the right to dispose of your trade-in device or any items contained within or on the trade-in device by whatever method Vendor sees fit to the extent permitted by applicable law.
    • You are responsible for backing up and/or deleting data on your trade-in device. Neither Vendor nor Apple accepts any responsibility or liability for any lost files or data.
    • You acknowledge that trade-in eligibility and trade-in values are subject to Vendor’s inspection. There may be instances when Vendor will revise the original quote for the trade-in device if inspection results differ from what was described by you, if Find My iPhone is not removed, or if the trade-in device is not received within 14 days of trade in box delivery to you. If the quoted trade-in value changes, you will be contacted to accept or decline the revised price.
    • The trade-in value assessed by Vendor will be offered by Apple to you as a credit applied to the purchase price of a new Apple device (the available range of such new Apple devices to be determined by Apple in its sole discretion). The trade-in value is not redeemable for cash. Neither Apple nor Vendor makes any representation about the market value of the trade-in device or the price that you might be able to obtain for the trade-in device elsewhere.
    • You acknowledge and agree that the trade-in transaction is final and cannot be cancelled by you unless the quoted trade-in value has been revised and declined by you.
    • If you decline or fail to respond to a revised quoted value, Vendor will cancel the transaction and return the trade-in device to you at Vendor’s cost.
    • In the event of a device return, if you fail or refuse to receive your trade-in device despite multiple outreach by the courier to return to you and your trade-in device is not delivered within a period of 7 months from the original delivery attempt, Vendor will consider your trade-in device abandoned by you and you hereby give Vendor the right to dispose of your abandoned trade-in device by whatever method Vendor sees fit to the extent permitted by applicable law.
    • In the event that Vendor and/or Apple receives from you any additional devices (in addition to the trade-in device), you agree that Vendor and/or Apple shall have the right to recycle those devices. You shall waive all rights to request a return of any such additional device or to claim the trade-in value of any such device from Vendor and/or Apple.
    • Laws may require that any personal information you provide as part of this trade in be provided to law enforcement by Vendor and/or Apple. Information collected by Vendor will be dealt with in accordance with Vendor’s privacy policy, available via privacy@alchemyglobalsolutions.com. Information collected by Apple will be dealt with in accordance with Alchemy’s privacy policy, available at https://www.alchemyglobalsolutions.com/privacy-policy-AUS/.
    • In accordance with the second-hand dealer licensing requirements under applicable laws in Australia, Vendor is required by law to complete an ID check as part of completing the trade-in transaction. If you are an individual, you must provide a legible copy of proof of identity documents issued by a government that show (either individually or in aggregate) your full name, photograph, current address, date of birth and your signature. If your proof of identity does not contain your photograph, additional proof of identity issued by a government will need to be provided which together with the first proof of identity shows your full name, current address and your signature. Your signature on the form provided to you with your trade-in kit must also match the signature in your proof of identity provided to us. If you are a business, your authorised representative must provide satisfactory documentary evidence of your ABN. If Vendor does not sight the necessary proof of identity documents, Vendor will cancel the trade-in transaction and return the trade-in device to you or, if required by law, provide the trade-in device to the relevant law enforcement authorities at Vendor’s cost.
  2. The following document types are considered acceptable for proof of identity purposes for individuals:
    • Original Passport;
    • Original Driver Licence issued by any state or territory of Australia;
    • Proof of Age Card issued by any state or territory of Australia; and
    • Australian Medicare Card,

although the Vendor may agree at its sole discretion to accept other documents as proof of identity.

  1. In addition to the proof of identity requirement, Vendor will submit certain details of every trade-in device (including, for example the international mobile equipment identity number (“IMEI”)) which Vendor purchases to one or more data systems that check for reported lost or stolen property. In the event that Vendor becomes aware of any lost or stolen trade-in devices, Vendor reserves the right to cancel the trade-in transaction and you agree to co-operate with Vendor and any authorities should Vendor make such a request.
  2. To the extent permissible by law, Vendor and Apple:
    • subject to any Non-excludable Condition, expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or equity; and
    • except for liability in relation to breach of any Non-excludable Condition, will under no circumstances be liable to the Customer or any third party for any lost profits, lost revenue, lost savings, lost business, loss of opportunity and special, indirect, incidental or consequential loss or damages resulting from the trade-in service..
  3. You agree (subject to any Non-excludable Condition) to indemnify Vendor and Apple from and against any claims brought against any of us arising from performing our obligations under these terms on your behalf, for complying with applicable law including providing information and trade-in devices to law enforcement authorities or for any breach of these terms by you.
  4. To the extent permitted by applicable law, these terms are governed by the laws of Victoria, Australia and you irrevocably agree that the courts of Victoria, Australia, and courts of appeal from them shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.
  5. We reserve the right to revise these terms from time to time without notice.
  6. In these terms, “Non-excludable Condition” means an implied condition, guarantee or warranty the exclusion of which from a contract would contravene any statute (including without limitation the Competition and Consumer Act 2010 (Cth)) or cause any part of these terms to be void.