AppleCare
Protection Plan
for iPad
Getting Started Guide
Contents
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41 Italiano
59 Español
77 Português
AppleCare Protection Plan for iPad
Fact Sheet
Service and support from the people who know your iPad best
The AppleCare Protection Plan for iPad extends the complimentary coverage on your iPad to up to two years1 of world-class support.The plan provides access to iPad experts and gives you anytime access to web-based resources at www.apple.com/uk/support/ipad or www.apple.com/ie/support/ipad. If your iPad or the included accessories need service, Apple will repair or replace them.2
Coverage information
This comprehensive plan is available for all iPad models within their one-year limited warranty. If you sell the covered iPad before the AppleCare Protection Plan for iPad expires, you may transfer the plan to the new owner. For each iPad you want to cover, you must purchase a separate AppleCare Protection Plan for iPad.
Keep your Proof of Coverage document, the original iPad sales receipt, and the AppleCare Protection Plan for iPad receipt. Apple may require proof of purchase if any questions arise about the eligibility of your iPad for the AppleCare Protection Plan.
Technical support options
If you experience difficulties with your iPad, refer to the Quick Reference Guide for troubleshooting tips. If you are not able to resolve the issue, AppleCare representatives can help troubleshoot your iPad and its connection with iTunes. Apple technical support contact information and hours of operation are listed in the Quick Reference Guide.
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Hardware service
This plan extends repair and replacement service from the Apple one-year warranty to up to two years from your iPad purchase date.This plan also extends service coverage to the iPad battery when its capacity to hold an electrical charge has depleted fifty percent (50%) or more from its original specification.
Either the carry-in or direct mail-in service option may apply when you obtain service. Refer to the Quick Reference Guide for additional details about obtaining service.The replacement equipment that Apple provides as part of the repair or replacement service may be new or equivalent to new in both performance and reliability.
1.From the original purchase date of your iPad.
2.See the enclosed AppleCare Protection PlanTerms and Conditions for complete details.
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AppleCare Protection Plan for iPad
Quick Reference Guide
Try these simple steps before contacting Apple for help.
If you experience problems with your iPad, try the troubleshooting steps below. As a precaution, back up all content on the iPad, including photos, videos, contacts, calendar, notes, and any other files on your iPad before you perform these steps.
1.Verify that you have the latest iTunes.
You can download the latest iTunes. Go to www.apple.com/uk/itunes/download or www.apple.com/ie/itunes/download.
2.Visit the iPad Support website.
The iPad Support website has links to service option availability, iPad tutorial, Communities, and other resources to answer various how-to questions.These are available 24 hours a day at www.apple.com/uk/support/ipad or www.apple.com/ie/support/ipad.
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3.Contact Apple for more assistance.
If the steps in this guide do not resolve your issue, contact Apple. An Apple representative will ask you for your AppleCare Protection Plan for iPad agreement number or your iPad serial number, which is engraved on the back of your iPad.
UK |
Ireland |
(44) 0844 209 0611 |
(353) 1850 946 191 |
Monday – Friday |
Monday – Friday |
8:00 am – 7:45 pm |
8:00 am – 7:45 pm |
Saturday |
Saturday |
10:00 am – 5:45 pm* |
10:00 am – 5:45 pm* |
*Telephone numbers and hours of operation may vary and are subject to change.You can find the most up-to-date local and international contact information at www.apple.com/contact/phone_contacts.html.
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AppleCare Protection Plan for iPad – Europe/Middle East/Africa
Terms and Conditions
How Consumer Rights Affect this Plan
FOR CONSUMERS,WHO ARE COVERED BY CONSUMER PROTECTION LAWS OR REGULATIONS IN THEIR COUNTRIES,THE BENEFITS CONFERRED BY THE ABOVE-MENTIONED PLANS ARE IN ADDITION TO ALL RIGHTS AND REMEDIES CONVEYED BY SUCH CONSUMER PROTECTION LAWS AND REGULATIONS.
NONE OF THE TERMS OF THIS PLAN WILL BE DETRIMENTAL TO THE RIGHTS GRANTED TO CONSUMERS BY APPLICABLE MANDATORY RULES, INCLUDING BUT NOT LIMITED TO THE RIGHT TO CLAIM FOR THE APPLICATION OF THE REMEDIES SET FORTH BY WARRANTY RULES AND THE RIGHT TO CLAIM FOR THE REIMBURSEMENTS OF DAMAGES IN CASE OF FULL OR PARTIAL BREACH OR NOT-CORRECT FULFILLMENT BY APPLE OF ITS CONTRACTUAL OBLIGATIONS. FOR FURTHER INFORMATION PLEASE REFER TO SECTION 12 (“Country Variation”) BELOW.
1.The Plan
This service contract governs the hardware service and technical support provided to you by Apple Distribution International or its successor in title (“Apple”) under the above-mentioned plan (the“Plan”) for the Apple branded product and the accessories contained in its original packaging (“Covered Equipment”) listed on your proof of coverage document (“Plan Confirmation”).
2.When Coverage Begins and Ends
Coverage begins when you purchase the Plan and ends on the date specified in your Plan Confirmation (“Coverage Period”). To obtain your Plan Confirmation register your Covered Equipment and your Plan’s registration number (“Plan Agreement Number”) with Apple. If autoregistration is available, your sales receipt will be your Plan Confirmation. The terms of this Plan, the original sales receipt for your Plan and the Plan Confirmation are each part of your service contract. The price of the Plan is contained in the original sales receipt. The hardware service and technical support coverage provided by the Plan is additional to the coverage provided by the manufacturer’s hardware warranty and complimentary technical support.
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3.What is Covered?
3.1Hardware Service
If during the Coverage Period, you submit a valid claim by notifying Apple that (i) a defect in materials and workmanship has arisen in the Covered Equipment or, (ii) the capacity of the Covered Equipment’s battery to hold an electrical charge has depleted fifty (50%) percent or more from its original specifications, Apple will either (a) repair the defect at no charge, using new or refurbished parts that are the equivalent to new in performance and reliability, or (b) exchange the Covered Equipment with a replacement product that is new or equivalent to new in performance and reliability and is functionally equivalent to the original product. If Apple exchanges the Covered Equipment, the original product becomes Apple’s property and the replacement product is your property, with coverage for the remaining period of the plan.
3.2Covered Equipment
In addition to the Apple-branded product and accessories contained in the original packaging, “Covered Equipment”includes an AirPort Extreme Card, an AirPort Express or AirPort Extreme Base Station, and Time Capsule, if used with the Covered Equipment and originally purchased by you no earlier than two years before the Covered Equipment purchase.
3.3Technical Support
During the Coverage Period, Apple will provide you with access to telephone and web-based technical support resources. Technical support may include assistance with installation, launch, configuration, troubleshooting, and recovery (except for data recovery), including storing, retrieving, and managing files; interpreting system error messages; and determining when hardware service is required. Apple will provide support for the then-current version of the supported software, and the prior Major Release. For purposes of this section,“Major Release”means a significant version of software that is commercially released by Apple in a release number format such as“1.0”or“2.0”and which is not in beta or pre-release form. The scope of technical support provided to you will vary according to your Plan.
3.4Scope of Technical Support
Under the Plan, Apple will provide technical support for the Covered Equipment, iPad OS (“iOS”) and software applications that are pre-installed with the Covered Equipment (both referred to as“Consumer Software”) and connectivity issues between the Covered Equipment
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and a“Supported Computer”, meaning a computer that meets the Covered Equipment’s connectivity specifications.
4.What is not Covered?
4.1Hardware Service
Apple may restrict service to the Covered Equipment’s original country of purchase.The Plan does not apply to:
(i)Installation, removal or disposal of the Covered Equipment, or provision of equipment while the Covered Equipment is being serviced;
(ii)Damage caused by (a) a product that is not the Covered Equipment, (b) accident, abuse, misuse, liquid contact, fire, earthquake or other external causes, (c) operating the Covered Equipment outside the permitted or intended uses described by the manufacturer, or (d) service (including upgrades and expansions) performed by anyone who is not a representative of Apple or an Apple Authorized Service Provider (“AASP”);
(iii)Covered Equipment with a serial number that has been altered, defaced or removed, or has been modified to alter its functionality or capability without the written permission of the manufacturer;
(iv)Covered Equipment that has been lost or stolen.This Plan only covers Covered Equipment that is returned to Apple in its entirety;
(v)Cosmetic damage to the Covered Equipment including but not limited to scratches, dents and broken plastic on ports;
(vi)Preventative maintenance on the Covered Equipment; or
(vii)Defects caused by normal wear and tear or otherwise due to normal aging of the product;
4.2Technical Support
The Plan does not include:
(i)Your use of the iOS and Consumer Software as server-based applications;
(ii)Issues that could be resolved by upgrading software to the then current version;
(iii)Third-party products or their effects on or interactions with the Covered Equipment, the iOS or Consumer Software;
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(iv)Your use of a computer or operating system that is unrelated to Consumer Software or connectivity issues with the Covered Equipment;
(v)Apple software other than the iOS or Consumer Software, as covered under the Plan;
(vi)iOS software or any Apple-branded software designated as“beta”,“prerelease,”or “preview”or similarly labeled software; or
(vii)Damage to, or loss of any software or data residing or recorded on the Covered Equipment. Recovery and reinstallation of software programs and user data are not covered under this Plan.
5.How to Obtain Service and Support?
You may obtain hardware services and technical support by accessing the Apple website (www.apple.com/support/country) or by calling Apple at the telephone number listed in the Getting Started Guide. If calling, an Apple technical support representative will answer, request your Plan Agreement Number or Covered Equipment serial number, before providing assistance. Keep your Plan Confirmation document and the original sales receipt for your Covered Equipment and your Plan, as it will be required if there is any question as to your product’s eligibility for coverage.
6.Hardware Service Options.
6.1Apple will provide hardware services through one or more of the following options:
(i)Carry-in service. Return the Covered Equipment to an Apple-owned retail store or an AASP location offering carry-in service. Service will be performed at the location, or the store may send the Covered Equipment to an Apple repair service (“ARS”) location to be repaired or replaced. Once you are notified that service is complete, you will promptly retrieve the Covered Equipment.
(ii)Mail-in service. If Apple determines that your Covered Equipment is eligible for mail-in service, Apple will send you prepaid way bills (and if you no longer have the original packaging, Apple may send you packaging material) and you will ship the Covered Equipment to an ARS location in accordance with Apple’s instructions. Once service is complete, the ARS location will return the Covered Equipment or a replacement product to you. Apple will pay for shipping to and from your location if all instructions are followed.
(iii)Express replacement or do-it-yourself (“DIY”) parts service. Express replacement is available for certain Covered Equipment products, and DIY parts service is available for
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many Covered Equipment parts, allowing you to service your own product. If DIY parts service is available in the circumstances, the following process will apply.
(a)Service where Apple requires return of the replaced product or part. Apple may require a credit card authorization as security for the retail price of the replacement product or part and applicable shipping costs. If you are unable to provide credit card authorization, service may not be available to you and Apple will offer alternative arrangements for service. Apple will ship a replacement product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced product or part. If you follow the instructions, Apple will cancel the credit card authorization, so you will not be charged for the product
or part and shipping to and from your location. If you fail to return the replaced product or part as instructed or return a replaced product or part that is ineligible for service, Apple will charge the credit card for the authorized amount.
(b)Service where Apple does not require return of the replaced product or part. Apple will ship you free of charge a replacement product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced product or part.
(c)Apple is not responsible for any labor costs you incur relating to express replacement or DIY parts service. Should you require further assistance, call Apple at the telephone number listed in the Getting Started Guide.
6.2Apple reserves the right to change the method by which Apple may provide repair or replacement service to you, and your Covered Equipment’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country.You may be responsible for shipping and handling charges if the Covered Equipment cannot be serviced in the country it is in. If you seek service in a country that is not the country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties,V.A.T. and other associated taxes and charges. For international service, Apple may repair or exchange defective products and parts with comparable products and parts that comply with local standards.
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7.Your Responsibilities
To receive service or support under the Plan, you agree to comply with the following:
(i)Provide your Plan Agreement Number and a copy of your Plan’s original proof of purchase, if requested;
(ii)Provide information about the symptoms and causes of the issues with the Covered Equipment;
(iii)Respond to requests for information, including but not limited to the Covered Equipment serial number, model, version of the operating system and software installed, any peripherals devices connected or installed on the Covered Equipment, any error messages displayed, actions taken before the Covered Equipment experienced the issue and steps taken to resolve the issue;
(iv)Follow instructions Apple gives you, including but not limited to refraining from sending Apple products and accessories that are not subject to repair or replacement service and packing the Covered Equipment in accordance with shipping instructions;
(v)Update software to currently published releases prior to seeking service; and
(vi)Make sure to backup software and data residing on the Covered Equipment. DURING APP FOR IPAD SERVICE, APPLE WILL DELETE THE CONTENTS OF THE IPAD AND REFORMAT THE STORAGE MEDIA. Apple will return your iPad or provide a replacement iPad as the iPad was originally configured, subject to applicable updates. Apple may install iOS updates as part of hardware service that will prevent the iPad from reverting to an earlier version of the iOS.
Third party applications installed on the iPad may not be compatible or work with the iPad as a result of the iOS update.You will be responsible for reinstalling all other software programs, data and passwords.
8.Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM APPLE’S OBLIGATIONS UNDER THIS PLAN. TO THE
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MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF APPLE AND ITS EMPLOYEES AND AGENT’S LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THE PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THE PLAN. APPLE SPECIFICALLY DOES NOT WARRANT THAT (i) IT WILL BE ABLE TO REPAIR OR REPLACE COVERED EQUIPMENT WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, (ii) MAINTAIN THE CONFIDENTIALITY OF DATA, OR (iii) THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT APPLE’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, OR (II) FRAUD.
FOR CONSUMERS IN JURISDICTIONS WHO HAVE THE BENEFIT OF CONSUMER PROTECTION LAWS OR REGULATIONS, THE BENEFITS CONFERRED BY THIS PLAN ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER SUCH LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, APPLE’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACE OR REPAIR OF THE COVERED EQUIPMENT OR SUPPLY OF THE SERVICE. NOTHING IN THIS PLAN SHALL PREJUDICE CONSUMER RIGHTS GRANTED BY THE APPLICABLE MANDATORY LAWS, INCLUDING CONSUMER RIGHT TO SEEK FOR DAMAGES IN THE EVENT OF TOTAL OR PARTIAL NON-PERFORMANCE OR INADEQUATE PERFORMANCE BY APPLE OF ANY OF ITS CONTRACTUAL OBLIGATIONS.
9.Cancellation
You may cancel this Plan at any time for any reason. If you decide to cancel this Plan, call Apple at the telephone number listed in the Getting Started Guide, or send or fax written notice with your Plan Agreement Number to Apple Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland (fax number: +353-(0)21-428-3917). A copy of the Plan’s original proof
of purchase must accompany your notice. Unless local law provides otherwise, if you cancel within thirty (30) days of your Plan’s purchase, or receipt of these Terms and Conditions, whichever occurs later, you will receive a full refund less the value of any service provided under the Plan. If you cancel more than thirty (30) days after your receipt of this Plan, you will receive a pro rata refund of the original purchase price, based on the percentage of unexpired Coverage Period from the Plan’s date of purchase, less (a) a cancellation fee listed in section 12 or ten percent (10%) of the pro-rata amount, whichever is less, and (b) the value of any service provided to you under the Plan. Unless applicable local law provides otherwise, Apple may cancel this Plan for fraud or material misrepresentation. Unless applicable local law provides otherwise, Apple may also cancel this Plan
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if service parts for the Covered Equipment become unavailable, upon thirty (30) days’prior written notice. If Apple cancels this Plan for the unavailability of service parts, you will receive a pro-rata refund for the Plan’s unexpired term.
10.Transfer of Plan
(i)WithTransfer of Covered Equipment to New Owner. Subject to the restrictions set forth below, you may make a one-time permanent transfer of all of your rights under the Plan to another party, provided that: (a) the transfer includes a copy of the Plan’s original proof of purchase, the Plan’s Confirmation and all of the Plan’s packaging material, including printed materials and these Terms and Conditions; (b) you notify Apple of the transfer by sending or faxing notice of transfer to Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland, fax number +353-(0)21-428-3917, respectively, and (c) the party receiving the Plan accepts the Terms and Conditions of the Plan.When notifying Apple of the transfer of the Plan, you must provide the Plan Agreement Number, the serial number of the Covered Equipment being transferred, a copy of the Plan’s original proof of purchase and the name, address, telephone number and email address of the new owner.
(ii)WithTransfer From Original Covered Equipment to New Covered Equipment. You may make a one time, permanent transfer of the coverage under the Plan to a new Apple product that is owned and purchased by you within thirty (30) days of the Covered Equipment purchase.The new product must be eligible for coverage under the Plan and at the time of transfer both products must be covered under the Apple one (1) year limited warranty. Apple will issue
a Plan Confirmation for the new product, which will then become the Covered Equipment. When notifying Apple of the transfer, you must provide the Plan Agreement Number, the serial numbers and Proof of Purchase of the products being transferred by sending or faxing, where available, notice of transfer to Apple as set forth in the section immediately above.
11.General Terms
(i)Apple may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.
(ii)Apple is not responsible for any failures or delays in performing under the Plan that are due to events outside Apple’s reasonable control.
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(iii)You are not required to perform preventative maintenance on the Covered Equipment to receive service under the Plan.
(iv)This Plan is offered and valid only if you are a resident of a country in which Apple or its affiliated companies offers the Plan that are set forth here: http://www.apple.com/legal/applecare/emeaipadcountrylist.html.This Plan is not offered to persons who have not reached the age of majority.This Plan may not be available in all states or provinces, and is not available where prohibited by law.
(v)In carrying out its obligations Apple may, at its discretion and solely for the purposes of monitoring the quality of Apple’s response, record part or all of the calls between you and Apple.
(vi)You agree that any information or data disclosed to Apple under this Plan is not confidential or proprietary to you. Furthermore, you agree that Apple may collect and process data on your behalf when it provides service.This may include transferring your data to affiliated companies or service providers in accordance with the Apple Customer Privacy Policy available at the website listed below.
(vii)Apple has security measures, which should protect your data against unauthorized access or disclosure as well as unlawful destruction.You will be responsible for the instructions you give to Apple regarding the processing of data, and Apple will seek to comply with those instructions as reasonably necessary for the performance of the service and support obligations under the Plan. If you do not agree with the above or if you have questions regarding how your data may be impacted by being processed in this way, call Apple at the telephone number listed in the Getting Started Guide.
(viii)Apple will protect your information in accordance with Apple Customer Privacy Policy available at URL www.apple.com/legal/warranty/privacy.If you wish to have access to the information that Apple holds concerning you or if you want to make changes, access URL www.apple.com/contact/myinfo to update your personal contact preferences or you may contact Apple’s European data controller at privacyeurope@apple.com
(ix)The terms of the Plan, including the original sales receipt of the Plan and the Plan Confirmation, prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and Apple’s entire understanding with respect to the Plan.
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(x)You must purchase and register the Plan while your Apple-branded product is within Apple’s One Year Limited warranty. Apple is not obligated to renew this Plan. If Apple does offer a renewal, it will determine the price and terms.
(xi)There is no informal dispute settlement process available under this Plan.
(xii)The financial obligations of this Plan are backed by Apple Distribution International, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland. Should Apple Distribution International fail to meet those obligations, Apple Operations Europe, HollyHill Industrial Estate, Hollyhill, Cork, Ireland would assume such obligations.
(xiii)In the event any section or portion of a section of these terms and conditions are deemed invalid, void or unenforceable, that section or portion of a section shall be severed from these terms and conditions, and the remaining terms and conditions shall continue in full force and effect.
(xiv)These terms and conditions shall be governed by and construed under the laws of the country in which the Plan was purchased.This choice of law does not include the conflicts of laws provisions thereof nor the UN Sales Convention.
(xv)There is no deductible payment due in respect of a claim made under this Plan.
(xvi)The Plan will not be cancelled due to pre-existing conditions in the Covered Equipment that are eligible for service under the Plan.
12.Country Variations
The following country, province and state variations will control if inconsistent with any other provisions of this Plan:
UNITED KINGDOM
SECTION 8 - SECTION 8 IS REPLACED BY THE FOLLOWING PROVISIONS:
8.1 - Apple is not responsible for ensuring that the Plan is suitable for your required purpose.
8.2 - Nothing in these Terms and Conditions shall limit or exclude Apple’s liability (i) for death or personal injury caused by its negligence or (ii) for fraud or (iii) any liability which cannot be excluded by law.
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8.3- Subject to clauses 8.2 and 8.4, Apple will not be liable whether in contract, tort (including negligence) or otherwise for any loss or damage caused by it or its employees or agents under and / or in connection with this Plan:
i)where such loss or damage is not a reasonably foreseeable result of any such breach; or
ii)for any increase in loss or damage resulting from breach by you of any term of this Plan; or
iii)for any losses that relate to a business operated by you (including without limitation lost data, lost profits or business interruption).
8.4Subject to clause 8.2, if you are not a consumer, Apple’s maximum liability whether in contract, tort (including negligence) or otherwise for any loss or damage caused by it or its employees or agents under and / or in connection with this Plan shall be limited to a sum equivalent to the amount which you paid Apple for the Plan.
8.5– These terms and conditions do not affect your statutory rights as a consumer, nor your
right to cancel the Plan as per Section 9. For further information about your statutory rights contact your local Trading Standards Department or Citizens’Advice Bureau.
Section 9 - You have the right to cancel this Plan within forty-five (45) days of purchase and receive a full refund unless you have received support or services under the Plan. After the 45-day cancellation period, you may cancel the Plan at any time within the Plan’s term and obtain a pro rata refund of the Plan’s original purchase price, based on the remaining period of full unexpired months of cover provided by the Plan. If you have received service and support, the Plan will continue in accordance with these Terms and Conditions.
Section 11 (ix) is replaced with the following:
If you are a consumer:These terms and conditions together with any previous written or oral representations given or made by Apple or any representative of Apple constitute your and Apple’s entire understanding with respect to the Plan. Such terms shall prevail over any conflicting, additional, or other terms of any purchase order or other document submitted by you.
If you are not a consumer: The terms of the Plan, including the original sales receipt of the Plan and the Plan Confirmation, prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and Apple’s entire understanding with respect to
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the Plan. Any other warranties, conditions and / or terms which might otherwise be implied into these terms and conditions are hereby excluded to the fullest extent permitted by law.
IRELAND
SECTION 8 - SECTION 8 IS REPLACED BY THE FOLLOWING:
8.1- IF YOU ARE A CONSUMER, NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR BREACH OF ANY TERM IMPLIED BY STATUTE.
8.2- IF YOU ARE NOT A CONSUMER:
-THESE TERMS AND CONDITIONS SET OUT THE FULL EXTENT OF OUR OBLIGATIONS AND LIABILITIES IN RESPECT OF THE PLAN;
-THERE ARE NO WARRANTIES, CONDITIONS OR OTHER TERMS THAT ARE BINDING ON US EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS; AND
-ANY WARRANTY, CONDITIONS OR OTHER TERM CONCERNING THE PLAN WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED IN THESE TERMS AND CONDITIONS BY STATUTE, COMMON LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY IMPLIED TERM AS TO QUALITY, FITNESS FOR PURPOSE, REASONABLE CARE AND SKILL) IS HEREBY EXPRESSLY EXCLUDED. IN PARTICULAR, APPLE WILL NOT BE RESPONSIBLE FOR ENSURING THAT THE PLAN IS SUITABLE FOR YOUR PURPOSES.
8.3- NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUD.
8.4- SUBJECT TO CLAUSE 8.3,WE WILL NOT BE LIABLE UNDER THESE TERMS AND CONDITIONS FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE.
8.5- SUBJECT TO CLAUSE 8.3, OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS,WHETHER IN CONTRACT,TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT PAYABLE BY YOU TO US IN RESPECT OF THE PLAN.
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Section 9 - If you cancel more than 30 days after your receipt of this Plan, you will receive a prorata refund of the Plan’s original purchase price, less a cancellation fee of €25.00 or 10 per cent of the pro-rata amount, whichever is less.
AUSTRIA
SECTION 8 - SECTION 8 IS REPLACED BY THE FOLLOWING:
AN OBLIGATION FOR DAMAGES OF APPLE AS WELL AS OF ANY OF ITS EMPLOYEES OR AGENTS ON THE BASIS OF A CONTRACT OR ON ANY OTHER BASIS WHATSOEVER ONLY EXISTS TO THE EXTENT THAT SUCH DAMAGE HAS BEEN CAUSED DUE TO NEGLIGENCE OR WILFULL INTENT. APPLE WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PROFIT, LOSS OF EXPECTED BUT NOT REALISED OPPORTUNITIES, INDIRECT DAMAGES OR CONSEQUENTIAL DAMAGES, DAMAGES TO DATA OR DAMAGES ARISING FROM THIRD PARTIES’CLAIMS.THE AFOREGOING SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS.
Section 9 - If you cancel more than 30 days after your receipt of this Plan, you will receive a prorata refund of the Plan’s original purchase price, less a cancellation fee of €25.00 or 10 per cent of the pro-rata amount, whichever is less.
BELGIUM
Section 9:
The cancellation fee referred to in section 9 (applicable in case you cancel more than 30 days after your receipt of the Plan) amounts to €25.00 or 10 per cent of the pro-rata amount, whichever is less.
DENMARK
Section 8:
Section 8 (Limitation of liability) is supplemented by the following provision:
The limitation of liability set forth in section 8 shall not apply to losses and/or damages that have been caused by wilful or grossly negligent acts.This complies whether or not such liability is based on contract or any other theory.
Mandatory liability under the Product Liability Act is not affected by the limitation of liability mentioned in section 8.
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Section 9:
Section 9 is supplemented by the following provision:
a)If you are a consumer and you have entered this Plan through the Apple Online Store web site or through another distance contract (e.g. over the phone), you may cancel the Plan within 14 days following your purchase of the Plan, or the receipt of these Terms and
Conditions, whichever occurs later, and you will receive a full refund of the purchase price in accordance with the Consumers Contract Act.
b)If you cancel your purchase more than 30 days after your receipt of this Plan, but no later than 6 months after the purchase , you will receive a pro-rata refund of the purchase price, less a cancellation fee of DKK 180 or 10 per cent of the pro-rata refund, whichever amount is less.
c)If you cancel your purchase after the above-mentioned 6 months period you will receive a pro-rata refund of the purchase price but will not be charged any cancellation fee in accordance with the Danish Act on Certain Consumer Contracts.
Provided that in all cases (a) - (c ) the value of any services provided prior to cancellation shall be deducted from any refund due.
FINLAND
Section 8 - If you are a consumer, nothing in this Plan shall limit or exclude Apple’s liability for any breach of legislation. Nothing in this Plan shall limit the statutory rights of consumers.
If you are not a consumer:
- this Plan sets out the full extent of Apple’s obligations and liabilities in respect of the supply of products (and performance of telephone support and warranty services) and performance of any services; - there are no warranties, conditions or other terms that are binding on Apple except as expressly stated in this Plan; and - any warranty, condition or other term concerning products or services which might otherwise be implied into or incorporated in this Plan by statute, common law, laws applicable in the country where you purchased the Plan or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded to the maximum extent permitted by law. In particular, Apple will not be responsible for ensuring that the Plan is suitable for your purposes. Nothing in this Plan shall limit or exclude Apple’s liability for death or personal injury caused by our negligence or for fraud. Subject to above Apple will not be liable under this Plan for any loss of income, loss of
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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. Subject to above Apple’s maximum aggregate liability under this Plan 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) and/or services in question.
Section 9: If you cancel more than 30 days after your receipt of this Plan, you will receive a pro-rata refund of the Plan’s original purchase price, less a cancellation fee of €25.00 or 10 per cent of the pro-rata amount, whichever is less.
If you are a consumer and you have entered this Plan through the Apple Store web site or through another distance contract (e.g., through the Apple Store web site or by phone), you may cancel the Plan within fourteen days following your purchase of the Plan, or receipt of a confirmation of purchase stating, inter alia, your cancellation rights, whichever occurs later and you will receive a full refund.
FRANCE
SECTION 8 - SECTION 8 IS REPLACED BY THE FOLLOWING:
8.1- IF YOU ARE A CONSUMER, NOTHING IN THE PLAN SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR BREACH OF ANY TERM IMPLIED BY MANDATORY CONSUMER LAWS AND, MORE GENERALLY, ANY RIGHTS YOU MAY HAVE UNDER MANDATORY CONSUMER LAWS.
8.2- IF YOU ARE NOT A CONSUMER:
-THESE TERMS AND CONDITIONS SET OUT THE FULL EXTENT OF OUR OBLIGATIONS AND LIABILITIES IN RESPECT OF THE PLAN;
-THERE ARE NO WARRANTIES, CONDITIONS OR OTHER TERMS THAT ARE BINDING ON US EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS; AND
-ANY OTHER WARRANTY AND/OR OBLIGATION CONCERNING THE PLAN WHICH WE MIGHT BORN PURSUANT TO LAW (INCLUDING ANY IMPLIED TERM AS TO CARE AND SKILL) IS HEREBY EXPRESSLY EXCLUDED. IN PARTICULAR, APPLE WILL NOT BE RESPONSIBLE FOR ENSURING THAT THE PLAN IS SUITABLE FOR YOUR PURPOSES.
8.3- NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR DEATH OR PERSONAL INJURY FOR WHICH WE WOULD BE FOUND RESPONSIBLE, FOR FRAUD (DOL) OR FOR WILFUL MISCONDUCT (FAUTE LOURDE).
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8.4- SUBJECT TO CLAUSES 8.1 AND 8.3,WE WILL NOT BE LIABLE UNDER THESE TERMS AND CONDITIONS FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF OPPORTUNITIES, LOSS OF DATA OR FOR ANY OTHER INDIRECT LOSS.
8.5- SUBJECT TO CLAUSES 8.1 AND 8.3, OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT YOU PAID IN RESPECT OF THE PLAN.
Section 9 – Section 9 is completed and amended as follows:
If you cancel more than 30 days after your receipt of this Plan, you will receive a pro-rata refund of the Plan’s original purchase price, less a cancellation fee of €25.00 or 10 per cent of the pro-rata amount, whichever is less.
If you are a consumer and have purchased the Plan by way of a“distance selling”technique, as per French consumer laws, you have the right, in accordance with Articles L.121-20 and L.121-20-1 of the French Consumer code, to cancel the Plan without charge during a period of 7 days following your purchase of the Plan (or such longer period as is expressly provided, in specific circumstances, by the said Articles of the French Consumer code). All amounts you have paid for the Plan will be reimbursed to you. However, should supply of the services under the Plan have begun with your consent prior to expiry of the said 7-day period, the aforementioned cancellation right shall not be applicable. After the said 7-day cancellation period in the event it is applicable or at any time should supply of the services have begun with your consent prior to expiry of the said period, as per the above, your cancellation rights shall be as set out in Section 9 (Cancellation), as the same is completed by this Section 12 (Country Variations).
Section 11 – Section 11 is completed and amended as follows: Duration of this Plan is indicated in the Plan Confirmation.
If you are a consumer and have purchased the Plan by way of a“distance selling”technique, as per French consumer laws, paragraph (ii) of Section 11 (General Terms) is replaced with the following:
Apple is not responsible for any failures or delays in performing under the Plan that are due to
(i) you, (ii) an unforeseeable and insuperable action or omission of a third party or (iii) a force majeure event.
Moreover, in accordance with French law, apart from this Plan, and if applicable, Apple provides consumers a guarantee for defects of conformity (Articles L.211-1 et seq. of the French Consumer
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code) and for hidden defects under the conditions stated in Articles 1641 to 1649 of the French Civil code.
In accordance with Article L.211-15 of the French Consumer code, the following Articles apply to consumers and are here below reproduced in their entirety (as translated by Apple):
Article L.211-4 of the French Consumer code:“The seller must deliver a good which conforms to the contract and will be liable for defects of conformity existing at the time of delivery. The seller will also be liable for defects of conformity resulting from the packing, the instructions for
assembly or the installation when the seller was in charge of installation pursuant to the contract or when the said installation is carried out under the seller’s responsibility”.
Article L.211-5 of the French Consumer code:“To be conform to the contract, the good must: 1° Be fit for the purpose for which a good of the same type is normally used and, if applicable:
-comply with the description given by the seller and possess the qualities which the seller has held out to the buyer as a sample or model;
-have the qualities which the buyer can legitimately expect, taking into account the public statements made by the seller, the producer or its representative, including in advertising or on labelling;
2° Or have the features defined by mutual agreement of the parties or be fit for any special use sought by the buyer, made known to the seller and which the seller has accepted.”
Article L.211-12 of the French Consumer code: ”Legal action based on defect of conformity lapses two years after delivery of the good.”
Article 1641 of the French Civil code:“The Seller is bound by a warranty on account of the hidden defects of the good sold that render it unfit for the use for which it was intended, or that so reduce the said use, that the buyer would not have acquired the good, or would have offered a lower price for it, had they been known to him.”
Article 1648 par. 1 of the French Civil code:“Legal action based on redhibitory defects must be introduced by the buyer within a period of two years following the discovery of the defect.”
For these terms and conditions, including the aforementioned extracts of the French Consumer and Civil codes, in French, please go to http://www.apple.com/legal/warranty/.
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GERMANY
SECTION 6.2 - SECTION 6.2 IS REPLACED BY THE FOLLOWING:
6.2 Apple reserves the right to change the method by which Apple may provide repair or replacement service to you, and your Covered Equipment’s eligibility to receive a particular method of service. Such changes will not have a negative impact on your rights or mitigate your rights under the Plan. Service will be limited to the options available in the country where service is requested.The options for Germany are detailed at www.apple.com/de/support. Service options, parts availability and response times may vary according to country.You may be responsible for shipping and handling charges if the Covered Equipment is outside the country of purchase and cannot be serviced in the country it is in. If you seek service in a country that is not the country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties,V.A.T. and other associated taxes and charges. For international service, Apple may repair or exchange defective products and parts with comparable products and parts that comply with local standards.
SECTION 8 - SECTION 8 IS REPLACED BY THE FOLLOWING:
THE BENEFITS CONFERRED BY THE PLAN ARE IN ADDITION TO ANY STATUTORY RIGHTS OR CLAIMS IN THE EVENT OF DEFECTS IN WORKMANSHIP OR TITLE OF THE COVERED EQUIPMENT AND DO NOT RESTRICT SUCH RIGHTS.YOUR RIGHTS IN THE EVENT OF ANY DEFECTS IN WORKMANSHIP OR TITLE OF DELIVERABLES UNDER THE PLAN ARE GOVERNED BY STATUTORY LAW AND LIMITED AS FOLLOWS: IF YOU DO NOT ACT AS A“CONSUMER”WITHIN THE MEANING OF SECTION 13 GERMAN CIVIL CODE (I.E. A CUSTOMER PURCHASING THE PLAN FOR A PURPOSE OUTSIDE THE SCOPE OF ITS TRADE, BUSINESS OR INDEPENDENT PROFESSION), BUT AS AN“ENTREPRENEUR”WITHIN THE MEANING OF SECTION 14 GERMAN CIVIL CODE THE LIMITATION PERIOD SHALL BE ONE YEAR FROM RECEIPT OF THE PRODUCTS OR SERVICES.
ANY LIABILITY IN DAMAGES BASED ON ANY LEGAL THEORY SHALL BE SUBJECT TO THE FOLLOWING LIMITATION:
(I)APPLE’S LIABILITY FOR DAMAGES CAUSED BY SLIGHT NEGLIGENCE, IRRESPECTIVE OF ITS LEGAL GROUND, SHALL BE LIMITED AS FOLLOWS:
(A)APPLE SHALL BE LIABLE UP TO THE AMOUNT OF THE FORESEEABLE DAMAGES TYPICAL FOR THIS TYPE OF CONTRACT DUE TO A BREACH OF MATERIAL CONTRACTUAL OBLIGATIONS;
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(B)APPLE SHALL NOT BE LIABLE DUE TO A SLIGHTLY NEGLIGENT BREACH OF ANY OTHER DUTY OF CARE APPLICABLE.
(II)THE AFORESAID LIMITATIONS OF LIABILITY SHALL NOT APPLY TO ANY MANDATORY STATUTORY LIABILITY, IN PARTICULAR TO LIABILITY UNDER THE GERMAN PRODUCT LIABILITY ACT (PRODUKTHAFTUNGSGESETZ), AND LIABILITY FOR CULPABLY CAUSED INJURIES OF LIFE, BODY OR HEALTH. IN ADDITION, SUCH LIMITATIONS OF LIABILITY SHALL NOT APPLY IF AND TO THE EXTENT APPLE HAS ASSUMED A SPECIFIC GUARANTEE.
(III)SUBSECTIONS (I) AND (II) SHALL APPLY ACCORDINGLY TO APPLE ’S LIABILITY FOR FUTILE EXPENSES.
(IV) THE AFORESAID LIMITATIONS OF LIABILITY SHALL ALSO APPLY TO THE LIABILITY OF APPLE’S EMPLOYEES AND AGENTS.
(V)THE FOREGOING SHALL NOT AFFECT ANY SHIFT IN A BURDEN OF PROOF TO YOUR DISADVANTAGE.
Section 9 – Section 9 is replaced by the following:
You may cancel this Plan at any time for any reason. If you decide to cancel either call Apple at the telephone number listed in the Getting Started Guide, or send or fax written notice with your Plan Agreement Number to Apple Customer Support, Hollyhill Industrial Estate, Hollyhill, Cork, Republic of Ireland (fax number: +353-(0)21-428-3917). A copy of the Plan’s original proof of purchase must accompany your notice. If you cancel within thirty (30) days of your Plan’s purchase, or receipt of these Terms and Conditions, whichever occurs later, you will receive a full refund less the value
of any service provided under the Plan. If you cancel more than 30 days after your receipt of this Plan, you will receive a pro-rata refund of the Plan’s original purchase price, based on the percentage of unexpired Coverage Period from the Plan’s date of purchase, less (a) a cancellation fee of €25.00 or ten per cent (10%) of the pro-rata amount, whichever is less, and (b) the value of any service provided to you under the plan. Apple may cancel this Plan for fraud or material misrepresentation.
Section 11.v to 11.vii - Section 11.v to 11.vii shall not apply to any personal data collected or processed by Apple through an establishment of Apple in Germany.Where legally required, Apple will separately ask you for your consent with regard to such data.
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HUNGARY
This contract is a service contract.This service contract does not qualify as a contractual guarantee. The purpose of this service contract is not to provide remedy for defective performance, but to provide the services described herein.
If you qualify as a consumer under the applicable laws, the service contract does not affect your statutory rights what you have under the mandatory laws, and your statutory guarantee rights and your warranty rights. Depending on the rights you have, you are free to decide whether you request services under this service contract or you exercise your guarantee or warranty right. If you have different rights in respect of Apple, it is your responsibility to describe which right you intend to exercise.
The services regulated herein are provided by Apple, as described in the Plan. Regardless, whether you qualify as a consumer or not, under this service contract, you are only entitled to enforce those rights what this service contract expressly provides to you. Apple is only liable to perform those claims which it receives under the service contact and in line with the above.
Section 8 is supplemented by the following provision:
In order to avoid any misunderstandings, the liability of Apple is not excluded for damages caused intentionally, with gross negligence or by committing crime, or for causing death, personal injury or damage to health, or for tort, as regulated by law. However, Apple’s liability is limited as described herein. In the absence of the restriction and/or limitation of liability, Apple would not provide the Plan.You acknowledge that the benefits stemming from the Plan provide appropriate compensation for the limitation and/or restriction of Apple’s liability hereunder.
Section 9 is supplemented by the following provision:
If you are a consumer and you have entered this Plan through the Apple Store web site, through the phone or by concluding a distance contract in any other manner, you may cancel this Plan within 8 business days upon the conclusion of this Plan (if according to the applicable law, Apple has to provide you with a written statement, if the above is not provided, within 8 business days from the receipt of the above, but not later than 3 months from the conclusion of this Plan). In this case, you will receive a full refund. However, if upon your request, Apple has started to provide you the service hereunder within the above period, you are not entitled to cancel the Plan in the manner set out above;you are entitled to terminate it in line with the provisions of this service contract.
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Section 11 (v) is replaced by the following provision:
In carrying out its obligations Apple may, at its discretion and solely for the purposes of monitoring the quality of Apple’s response, record part or all of the calls between you and Apple, provided that Apple has informed you about the above and acquired your consent.
Section 11 (vi) is replaced by the following provision:
You agree that any information or data disclosed to Apple under this Plan is not confidential or proprietary to you. You hereby voluntary consent to the collection, processing and transfer of your personal data for the purposes of this Plan, as described herein and in the Apple Privacy Policy. This may include transferring your data to affiliated companies or service providers located in countries where data protection laws may be less comprehensive than those in your country of residence, including but not limited to Australia, Canada, countries of the European Union, India, Japan, the People’s Republic of China and the U.S.
ITALY
AppleCare Protection Plan benefits are in addition to rights provided by consumer protection laws in your jurisdiction.
Under articles 128-135 of the Legislative Decree n. 206 6 September 2005 (Consumer Code), Italian consumers have up to 26 months to claim against the seller that a product was defective when delivered. Defects apparent in the first 6 months, are presumed to have existed at delivery. A consumer making a claim under the Consumer Code may contact an Apple Authorized Service Provider to assess if a defect existed at delivery.
Section 8 -
a.If you are a consumer, nothing in these Terms and Conditions shall limit or exclude Apple’s liability in case of violation of the legislation applicable to the Plan.
b.If you are not a consumer:
(i)these terms and conditions set out the full extent of our obligations and liabilities in respect of the services under this Plan;
(ii)there are no warranties, conditions or other terms that are binding on Apple except as expressly stated in the Plan;
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