Apple AppleCare Protection Plan for iPod User Manual

Page 37

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37

English

• Excluding or limiting, directly or indirectly, the liability for non contractual patrimonial
damages caused to you or any third parties;
• Excluding or limiting, directly or indirectly, the liability for definitive non compliance, delay in
compliance or defective compliance in case of fraud (dolo) or serious misconduct (culpa grave);
and/or
• Excluding or limiting, directly or indirectly, the liability for acts of representatives or auxiliary
persons in case of fraud (dolo) or serious misconduct (culpa grave).
Nothing in this Plan shall exclude or limit Apple’s liability if such limitation or exclusion would
be deemed invalid as a matter if Portuguese public policy under Article 800/2 of the Portuguese
Civil Code .
Section 8
If you are a consumer, nothing in these terms and conditions shall limit or exclude in any manner
whatsoever your rights as per Law no. 24/96, of July 31 (Lei de Defesa do Consumidor), as
amended from time to time.
In any event, Apple shall only be liable for definitive non compliance, delay in compliance
or defective compliance in cases of fraud or serious misconduct imputable to Apple or to its
representatives or auxiliary persons. If not, Apple shall not in any event be liable for damages
caused by third parties or by you; and any liability imputable to Apple or to its representatives
or auxiliary persons which is not caused by their fraud or serious misconduct is hereby expressly
excluded.
However nothing in this Plan shall exclude or limit, directly or indirectly, the liability imputable to
Apple for damages caused to the life, moral or physical integrity or health of persons or for non
contractual patrimonial damages.
Section 9
If you are a consumer and you have entered this Plan through the Apple Store web site or
through the telephone, you may cancel this Plan within fourteen days following your purchase of
the Plan. You will receive full refund.
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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