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NETHERLANDS SECTION 4 - IF YOU ARE A CONSUMER, ANY RESTRICTION OR EXCLUSION OF LIABILITY IN THESE TERMS AND CONDITIONS ONLY APPLIES TO THE EXTENT THAT THIS IS NOT IN VIOLATION OF APPLICABLE MANDATORY LAWS. IF YOU ARE NOT A CONSUMER, THE FOLLOWING PROVISIONS APPLY:

(I) THESE TERMS AND CONDITIONS PROVIDE AN EXHAUSTIVE DESCRIPTION OF OUR OBLIGATIONS AND LIABILITIES WITH RESPECT TO THE PLAN;

(II) WE ARE NOT BOUND TO GUARANTEES AND CONDITIONS THAT HAVE NOT EXPLICITLY BEEN MENTIONED IN THE PLAN OR IN THESE TERMS AND CONDITIONS; AND

(III) WE HEREBY EXPLICITLY EXCLUDE THE APPLICABILITY OF ALL GUARANTEES WITH RESPECT TO THE PLAN THAT COULD POSSIBLY BE A PART OF THESE TERMS AND CONDITIONS PURSUANT TO THE LAW, COMMON OPINION OR CUSTOM (INCLUDING BUT NOT LIMITED TO THOSE WITH REGARD TO QUALITY AND SATISFACTORY CONDITION OR FIT FOR PURPOSE, REASONABLE CARE AND WORKMANSHIP).

APPLE IS IN PARTICULAR NOT RESPONSIBLE FOR THE PLAN BEING APT FOR YOUR PURPOSES.

UNDER NO CIRCUMSTANCES SHALL THE PLAN EXCLUDE APPLE’S LIABILITY FOR DAMAGE FOR DEATH OR PHYSICAL INJUR , CAUSED BY APPLE BY WILLFUL ACTS OR GROSS NEGLIGENCE, OR BY FRAUD.

TAKING INTO ACCOUNT THE ABOVE-MENTIONED, APPLE SHALL NOT BE LIABLE PURSUANT TO THE PLAN FOR LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF INFORMATION OR FOR ANY OTHER INDIRECT OR CONSEQUENTIAL DAMAGE, WHICH ARISES FROM AN UNLAWFUL ACT (INCLUDING NEGLIGENCE), A BREACH OF CONTRACT OR OTHERWISE.

TAKING INTO ACCOUNT THE ABOVE-MENTIONED, OUR TOTAL LIABILITY PURSUANT TO THIS PLAN

  • IRRESPECTIVE WHETHER THIS LIABILITY ARISES FROM A BREACH OF CONTRACT, AN UNLAWFUL

ACT (INCLUDING NEGLIGENCE) OR OTHERWISE – IS IN ALL CASES LIMITED TO THE AMOUNT THAT YOU HAVE PAID FOR THE PLAN.

Section 5 -

5.1 - 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.

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