1 The China domain burberry.cn (the "Website"), is operated by or on behalf of Burberry (Shanghai) Trading Co, Ltd. Any references to Burberry/we/us will refer to Burberry (Shanghai) Trading Co. Ltd, unless the context requires otherwise ("Burberry/we/us"). If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any products purchased by you from the Website or through any Applications (as defined below), you can contact us at:

Burberry (Shanghai) Trading Co, Ltd
60F,
1717 Nanjing West Road,
Jing’An District,
Shanghai

Contact Us

cn.customerservice@burberry.com

Registered in People’s Republic of China
Unified Social Credit Code 9131000066935277XR

2 These terms and conditions apply in respect of all orders placed on burberry.cn and therefore only to products ordered for delivery to addresses in mainland China. If you select a shipping destination outside mainland China, please see the Terms and Conditions or the US Terms and Conditions as applicable which shall apply to your purchase and use www.burberry.com.

3 These terms and conditions were last revised on 7 March 2024

1 These terms and conditions and any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together the "Terms") apply to your use of and access to the Website and any other website or application permitting you to place an order with Burberry for any products and services for delivery to addresses in mainland China (such websites and applications being the “Applications” for the purpose of these Terms) including all orders submitted by you for any products or services made available by us for purchase over the Website and/or Applications for delivery to addresses in mainland China. As the context requires, references to “Website” in these Terms shall also include Applications as applicable. By accessing this Website and/or the Applications you agree to these Terms and we therefore advise you to read these Terms carefully and to save or print a copy of these Terms and Conditions for future reference. If you do not agree to these Terms, you must cease using and accessing this Website and all Applications immediately. The Terms may be changed and updated from time to time and any changes will be effective from the publication of the new terms on the Website or the relevant Application. Please note that certain options will not be available across all Applications.

2 Please note that these Terms do not affect your statutory rights as a consumer.

3 You agree that the information you provide when you register on the Website is not misleading, and is true and accurate in all respects and you will notify our customer service team of any changes to that information.

4 We may change, withdraw, or suspend access to the Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.

5 The Website may include links to other websites or resources ("Linked Websites"). Burberry has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from the Website, Burberry is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make of your personal information. Furthermore Burberry will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon.

6 Burberry may deny you access to the Website at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.

7 Any material that you upload to the Website for publication will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.

8 Burberry will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Website and you hereby agree to be responsible to Burberry for and indemnify Burberry and keep Burberry indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by Burberry as a result of any claim in respect of your use of the Website.

9 Burberry has the right to remove any material or posting you make on the Website in Burberry's sole discretion.

10 We may offer you the ability through the Website to check the availability of certain products in specified Burberry stores. This functionality will not be available for all Burberry store. The level of stock availability shown will be updated regularly but it does not guarantee that the product checked will be available when you visit the specified store. Unfortunately, products cannot be reserved in store using this functionality.

If you are placing a pre-order for Products which are available to pre-order on the Website, the following Sections C(1) to C(7) below may be superseded by or may apply in addition to specific terms applicable to such Products as set out in Section D below.

1. Acceptance of Orders

1.1 All information on the Website is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order ("Products") from us on the Terms. All orders submitted by you are subject to acceptance by us.

1.2 After submitting an order to us and making full payment of the order successfully, we will send you an order acknowledgement notification via email or text message (“Order Acknowledgement Notification”). This will include your order number and details of the Products you have ordered from us and details of any delivery services (the “Delivery Services”). This Order Acknowledgement Notification is an acknowledgement that we have received your order. A contract of sale of the Products between us and you and a contract for Delivery Services will be formed at the time when you receive such Order Acknowledgement Notification. When (i) the Products have been dispatched by us for delivery to your designated address; or (ii) in the event that you have elected to collect the Products from a Burberry store, the Products are ready for collection at the relevant Burberry store, we will send you a notification via email or text message confirming that the Products have been dispatched to you or are ready for collection at the relevant Burberry store (as relevant) ("Dispatch Confirmation"). Please note that the option to collect in store is only available from specified Burberry stores. Further information is available at Shipping Destinations, Costs and Delivery Times/Collect In Store. After entering into the contract of sale, we will be under a legal duty to supply you with goods that are in conformity with our contract.

1.3 Orders cannot be placed by telephone for delivery to addresses in mainland China. Please contact Customer Service for further information: Contact Us.

1.4 When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Website, such as the “My Account” section of the Website ("Secure Access"). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website.

1.5 In the event prolonged inactivity causes your connection to the Website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket and on your wishlist are not reserved and may be purchased by other customers.

1.6 Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.

1.7 You will be charged for Products (and any delivery or other charges) when your order is submitted and when you complete any confirmation steps required by your payment method provider.

1.8 Item availability, prices and delivery options may vary depending on the shipping destination.

1.9 Variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Website may mean that the colours, measurements, fabrics and designs of the Products displayed on the Website and the Products delivered to you may differ in appearance in minor respects.

1.10 We do not accept orders where the corresponding delivery address you give is that of an entity or individual providing freight forwarding services. In the event that we do accept any order and we subsequently become aware that the corresponding delivery address for such order is that of an entity or individual providing freight forwarding services, we shall be entitled to cancel such order upon notice to you by email, text message or telephone.

1.11 Notwithstanding the abovementioned terms, upon occurrence of any of the following events within seven days after you receive the Order Acknowledgement Notification, Burberry has the right in its sole discretion to terminate the entirety or part of the contract/order with immediate effect by sending a notice to you by email or text message. The contract/order between Burberry and you will terminate at the time when you receive such notice. We will refund the price you have paid for the relevant Product(s) under the cancelled order, as soon as possible after we have served such termination notice to you. We may terminate the entirety or part of your contract/order in the following events:

(a) If products are shown on the Website but are not available or become unavailable;
(b) If products are incorrectly priced or otherwise incorrectly described;
(c) If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;
(d) If shipping restrictions may apply to a Product;
(e) If the delivery address you give is the address of an entity or individual providing freight forwarding services;
(f) If the delivery address you have provided is not a valid shipping address; or
(g) Any other events which result in not being able to fulfil your order at all or within a reasonable period of time.

2. Prices

2.1 All prices of Products on the Website are the price for the Products only. They include any VAT or other sales tax payable. We shall endeavour to notify you if the price displayed is not fully inclusive of any customs duties or taxes, however please see Section C 2.4 below. Prices do not include any charges which may be applied for delivery. Any delivery charges will be notified to you when you place your order. Find out more about Shipping Destinations, Costs and Delivery Times

2.2 We endeavour to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product's correct price is lower than the price stated on the Website, we will either charge the lower amount and send you the Product or cancel your order pursuant to Section C (1.11). If a Product's correct price is higher than the price stated on the Website, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order pursuant to Section C (1.11) and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price.

2.3 Burberry may vary the prices of Products listed on the Website at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.

2.4 Please note that in some countries/regions additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country/region for which the Products are destined. We will not be liable for any breach by you of any such laws.

3. Payment Terms

3.1 The total cost of your order will be the purchase price for the Products (which you pay to us) plus any delivery charges. Find out more about Shipping Destinations, Costs and Delivery Times.

3.2 More information about the payment methods that we accept, and details of when an order will be charged to your account can be found in our Payment section.

3.3 Please note that we accept payment in the payment currency specified for the country/region of your selected shipping destination in our Payment section. For orders to be shipped to addresses in mainland China, payment shall be in Renminbi.

3.4 You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card/payment method is valid and the payment details you have provided are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

3.5 We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order.The payment and (where relevant) refund of such charges shall be subject to the terms provided by your card issuer or bank or payment method provider, as applicable.

3.6 If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Website, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Website.

4. Invoicing

4.1 Where we elect, or are required by applicable law, to issue or make available an invoice, we reserve the right to issue or make available electronic invoices and you agree to such form of invoicing. Where we deem it appropriate, we will provide a fapiao for Products purchased.

5. Delivery, Title and Risk

5.1 We are only able to deliver to a valid shipping address provided in your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Changes to the shipping address are not permitted once your order has been placed. Please note that we do not deliver to PO boxes. Please note that there are restrictions on the locations to which we deliver Products purchased from the Website. Details of the locations to which we deliver are available from us on request.

5.2 We may offer one or several delivery methods from time to time. When you have selected your preferred delivery method from those offered for your selected shipping destination and provided your order has been accepted by us and payment has been authorised and completed, your order shall be processed by us we will endeavour to despatch your order in accordance with the estimated delivery times set out at Shipping Destinations, Costs and Delivery Times or as otherwise specified in the checkout process as you submit your order. There may be additional restrictions or exclusions in respect of specific addresses in countries/regions to which we ship. These may change from time to time. We shall endeavour to notify you of such restrictions but this may not be possible until we have received your order. Orders received after any “cut off” or “last order” time or received on a day which is not a working day, will be processed on the next working day. Estimated delivery times will be calculated from the date on which the order is placed, unless otherwise specified, and your payment is authorised and completed.

Where you have selected delivery services and your order has been accepted by us, your sole remedy for any failure to despatch your order in time for delivery within the relevant estimated delivery times for your shipping destination and selected delivery method shall be your right to cancel the relevant order and receive a full refund of any monies paid to us in respect of that order.

Please note that certain delivery options will not be available across all Applications.

5.3 Title in the Products will pass to you on the later of:-

(a) the date on which we receive payment in full for such Products; and
(b) the date and time of collection of such Products for delivery to your nominated address or the designated Burberry store, where you have elected to collect your order from a Burberry store.

5.4 Once a Product has been delivered to your nominated address or collected by you from the designated Burberry store, where appropriate, all risk of damage to, or loss of, the Product shall pass to you.

5.5 We shall be entitled to supply the Products in instalments and each instalment shall be deemed to constitute a separate contract with us, and we shall be entitled to supply only part of an order.

5.6 In the event that a Product is subsequently imported into a country/region other than the country/region to which Burberry delivered the Product or of the store from which you collected the Product, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.

6. Cancellation and Returns

6.1 Should you wish to cancel or return any Products, you may only do so in accordance with our Returns & Cancellation policy. This Returns & Cancellation policy does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your relevant local authority.

6.2 Please note that you will not be entitled to cancel or return any personalised or monogrammed Products. For hygiene and safety reasons, we are unable to accept returns for pierced jewellery items. This does not affect your statutory rights.

7. Age Requirements

If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.

1
The Terms in this Section D apply to any purchase of Pre-Order Product (as defined below in Section D(2)) and apply in addition to, and in the event of any conflict take precedence over, the Terms set out in Sections C(1) to C(7). In all other respects sections in Sections C(1) to C(7) of the Terms continue to apply in full force and effect.

2
From time to time we may invite you to pre-order selected Products on the Website before they are available to purchase from Burberry stores or on the Website ("Pre-Order Products"). In the event that we do so please note that the delivery options offered on the Website and set out in Section C (5.2) of the Terms and the option to collect Products in store shall not apply to orders of Pre-Order Products. Pre-Order Products will be shipped between 12-18 weeks from the end of the specified order window (except for Pre-Order Products that are from the runway collection (a “Runway Pre-Order Product”), which will be shipped between 6-8 months from the date that the order is placed).

3
You agree that if you order a Pre-Order Product you will be charged when you place your order or within approximately 2 weeks of the time at which you place your order. Notwithstanding the foregoing, your credit/debit card or payment method may reflect the deduction of the purchase price immediately upon placing the order.

4
Please note that if you order a Runway Pre-Order Product, the product you receive may vary (including fit, appearance, sizing and composition) from the item displayed on the Website. This does not affect your right to cancel or return Runway Pre-Order Products.

1. INTELLECTUAL PROPERTY

1.1
All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Website (the "Content"), is either owned or licensed by Burberry Limited (or a Burberry group company), and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.

1.2
The "Burberry" trade mark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Website, accessories or packaging, whether registered or not (the "Trade Marks"), are and remain the exclusive property of Burberry Limited and/or its licensors or Burberry Group Companies (as applicable) and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.

1.3
All other intellectual property rights (including, without limitation, registered or unregistered trade marks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Website, the products depicted and/or available on the Website and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Website (the "Intellectual Property Rights") are and shall remain the exclusive property of Burberry and/or its licensors and/or Burberry Group Companies (as applicable) and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.

1.4 Limited Licence

Subject to these terms and conditions, we grant you a revocable, and non-exclusive licence to access and make personal use of the Website limited such that it does not include the right to:

(a) use the Website in any way which may prejudice or damage the reputation of Burberry; 
(b) use the Website for any commercial or business purposes. The Website is for your personal use only; 
(c) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. 

1.5
Burberry may terminate the limited licence set forth in this Section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever and/or for any breach of these Terms.

2. CONTENT

Burberry endeavours to ensure that the information posted by it on the Website is accurate and complete. Burberry does not, however, guarantee that the Content or any other information available on the Website is accurate and/or error free, Burberry does not promise that the functionality of the Website or Content will be error free or that the Website, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful. Burberry recommends that all users of the Internet ensure they have up to date virus checking software installed.

3. EXCLUSION OF WARRANTIES

1
This Section E(3) does not affect your statutory rights as a consumer and, in respect of the Products, does not exclude or limit in any way our liability for breach of the statutory implied conditions to good title, no encumbrance and quiet possession, correspondence with description, satisfactory quality, fitness for purpose and correspondence with sample. For more information on your statutory rights, contact your relevant local authority.

2
SUBJECT TO THE PRECEDING PARAGRAPH TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BURBERRY DISCLAIMS AND EXCLUDE ALL OTHER TERMS, CONDITIONS AND WARRANTIES IN RELATION TO THE PRODUCTS AND SERVICES WHETHER EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE OR ARISING FROM ANY PREVIOUS COURSE OF DEALING OR USAGE OR TRADE PRACTICE.

4. LIMITATIONS OF LIABILITY

1
Nothing in these Terms limits or excludes our liability: (i) for death or personal injury caused by negligence; (ii) for fraud or fraudulent misrepresentation; or (ii) for any other liability which cannot be limited or excluded by applicable law.

2
Subject to Section E(4.1) above, we will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms for any:

(a) economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or 
(b) loss of goodwill or reputation; or 
(c) special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms. 

3
Subject to Sections E(4.1) and E(4.2) the aggregate liability under these Terms of Burberry whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Product you have ordered from Burberry.

This section E(4) does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your relevant local authority.

5. DATA PROTECTION

By placing an order you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Statement. Burberry fully respects the privacy of individuals who access and use the Website. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Statement and Cookie Policy which are incorporated into and form part of these Terms.

6. ASSIGNMENT, SUBCONTRACTING ETC

We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.

7. AMENDMENTS TO THESE TERMS

We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us.

8. EVENTS BEYOND OUR REASONABLE CONTROL

We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.

9. SEVERANCE

Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.

10. GOVERNING LAW AND JURISDICTION

These Terms and all transactions on burberry.cn for shipment of products into mainland China are governed by the law of the People’s Republic of China. You, and we, hereby agree that any dispute arising from or in connection with these Terms or the contract between Burberry and you for purchase of Products on the Website and/or the Applications shall be submitted to the China International Economic and Trade Arbitration Commission for arbitration and the place of arbitration shall be Shanghai.

11. BURBERRY EMPLOYEES

Burberry Employees ordering products from the Website, and who are entitled to staff discount, agree that they have read and adhere to the terms and conditions of the Burberry Global staff discount policy. Employees with any questions about this discount policy please contact your HR department.

12. ENTIRE AGREEMENT

12.1
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.

12.2
We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty ("Representations") of any person (whether a party to that contract or not) other than as expressly set out in these Terms.

12.3
Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.

13. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email, text message or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section 13 does not affect your statutory rights.

14. NOTICES

All notices given by you to us must be sent to Burberry at 60F, 1717 Nanjing West Road, Jing’An District, Shanghai or cn.customerservice@burberry.com. We may give notice to you via the email,postal address or mobile number you provide to us when placing an order, or in any of the ways specified in Section E(13) above. Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an email or text message is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee; in the case of a text message, that such text message was sent to the specified mobile number of the recipient.

15. WAIVER

15.1
If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

15.2
A waiver by us of any default shall not constitute a waiver of any subsequent default.

15.3
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section E(14) above.

16. RIGHTS OF THIRD PARTIES

No third party may claim any rights under these Terms and any right of a third party to make such a claim is expressly excluded.

1. Apple

If the Platform that you download, access and/or use runs on Apple’s iOS operating system:

• The Platform may only be accessed and used on an Apple branded device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;
• You acknowledge and agree that:
  -Apple has no obligation at all to provide any support or maintenance services in relation to Platform. If you have any maintenance or support questions in relation to the Platform, please contact us, not Apple, using the contacting details set out on the first page of these Terms;
  -except as otherwise expressly set out in these Terms, any claims relating to the possession or use of the Platform are between you and us (and not between you, or anyone else, and Apple);
  -in the event of any claim by a third party that your possession or use (in accordance with these Terms) of the Platform infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim and we, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim; and
  -although these terms are entered into between you and us (and not Apple), Apple, and Apple’s subsidiaries, as third party beneficiaries under these terms, will have the right to enforce these terms against you;
• You represent and warrant that:
  -you are not, and will not be, located in any country/region that is the subject of a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country/region; and
  -you are not listed on any United States Government list of prohibited or restricted parties; and
• If the Platform does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of the Platform (if any), to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to the Platform and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to the Platform or as a result of you or anyone else using the Platform or relying on any of its content.
• Apple is not responsible for addressing any claims by you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to, (i) product liability claims; (ii) any claim that the Platform fails to confirm to any applicable legal or regulatory requirements; and (iii) claims arising under consumer protection, privacy or similar legislation.