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 PROGRAM IS SUITABLE FOR YOUR PURPOSES.
4.3 - NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUD.
4.4 - SUBJECT TO CLAUSE 4.3, 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.
4.5- SUBJECT TO CLAUSE 4.3, OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL IN NO CIRCUMSTANCES EXCEED THE AMOUNT YOU PAID IN RESPECT OF THE PROGRAM.
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, please note that your right to repent according to Article L.121-20 of the Consumer code is taken into account in Section 5 (Cancellation).
Section 7 - The following is added to Section 7. Duration of this Plan is indicated in the Plan Confirmation.
Apart from this Plan, and if applicable, Apple will provide a guarantee for the defects of conformity (Article L.211-15 of the Consumer code) and for the hidden defects under the conditions stated in Article 1641 to 1649 of the Civil code.
In accordance with Article L.211-15 of the Consumer code, the following Articles apply to consumers and are here below reproduced wholly:
Article L.211-4 of the 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, instructions for assembly or installation when seller was in charge of installation pursuant to the contract or when carried out under the seller’s responsibility”.
Article L.211-5 of the Consumer code:“So to be in conformity with the contract, the good must: