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 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 5: 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 as a distance contract (through the Apple Store web site or phone calls), you may cancel this Plan within fourteen days following your purchase of the Plan. You will receive full refund.
FRANCE SECTION 4 - SECTION 4 IS REPLACED BY THE FOLLOWING:
4.1- IF YOU ARE A CONSUMER, NOTHING IN THE PROGRAM SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR BREACH OF ANY TERM IMPLIED BY MANDATORY STATUTE.
- IF YOU ARE NOT A CONSUMER:
THESE TERMS AND CONDITIONS SET OUT THE FULL EXTENT OF OUR OBLIGATIONS AND
LIABILITIES IN RESPECT OF THE PROGRAM;
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 PROGRAM WHICH WE MIGHT