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Apple AppleCare Protection Plan for iPhone User Manual

Page 25

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25

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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.viii - Section 11.v to 11.viii 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.

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; (iii) any warranty, condition or
other term concerning the products or services which might otherwise be implied into or
incorporated in the 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, we will not be responsible for ensuring that the Plan
is suitable for your purposes. c. Nothing in the Plan shall limit or exclude Apple’s liability (i)
for death or personal injury caused by our negligence or (ii) for fraud or (iii) any breach of
the obligations implied by applicable compulsory national laws as to title or (iv) any liability