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AppleCare Protection Plan

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22 English<br />

- THERE ARE NO WARRANTIES, CONDITIONS OR OTHER TERMS THAT ARE BINDING ON US EXCEPT<br />

AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS; AND<br />

- ANY OTHER WARRANTY AND/OR OBLIGATION CONCERNING THE PROGRAM WHICH WE MIGHT<br />

BORN PURSUANT TO LAW (INCLUDING ANY IMPLIED TERM AS TO CARE AND SKILL) IS HEREBY<br />

EXPRESSLY EXCLUDED. IN PARTICULAR, APPLE WILL NOT BE RESPONSIBLE FOR ENSURING THAT THE<br />

PROGRAM IS SUITABLE FOR YOUR PURPOSES.<br />

4.3 - NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR<br />

DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUD.<br />

4.4 - SUBJECT TO CLAUSE 4.3, WE WILL NOT BE LIABLE UNDER THESE TERMS AND CONDITIONS FOR<br />

ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF OPPORTUNITIES, LOSS OF DATA OR FOR ANY<br />

OTHER INDIRECT LOSS.<br />

4.5- SUBJECT TO CLAUSE 4.3, OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND<br />

CONDITIONS, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL IN NO CIRCUMSTANCES<br />

EXCEED THE AMOUNT YOU PAID IN RESPECT OF THE PROGRAM.<br />

Section 5 - If you cancel more than 30 days after your receipt of this <strong>Plan</strong>, you will receive a prorata<br />

refund of the <strong>Plan</strong>’s original purchase price, less a cancellation fee of €25.00 or 10 per cent of<br />

the pro-rata amount, whichever is less.<br />

If you are a consumer, please note that your right to repent according to Article L.121-20 of the<br />

Consumer code is taken into account in Section 5 (Cancellation).<br />

Section 7 - The following is added to Section 7.<br />

Duration of this <strong>Plan</strong> is indicated in the <strong>Plan</strong> Confirmation.<br />

Apart from this <strong>Plan</strong>, and if applicable, Apple will provide a guarantee for the defects of conformity<br />

(Article L.211-15 of the Consumer code) and for the hidden defects under the conditions stated in<br />

Article 1641 to 1649 of the Civil code.<br />

In accordance with Article L.211-15 of the Consumer code, the following Articles apply to<br />

consumers and are here below reproduced wholly:<br />

Article L.211-4 of the Consumer code: “The seller must deliver a good which conforms to the<br />

contract and will be liable for defects of conformity existing at the time of delivery. The seller will<br />

also be liable for defects of conformity resulting from the packing, instructions for assembly or

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