Apple AppleCare Protection Plan for Mac - Manual (Page 27)

27 English
If you are a consumer and have purchased the Plan by way of a “distance selling” technique, as per
French consumer laws, paragraph (ii) of Section 11 (General Terms) is replaced with the following:
Apple is not responsible for any failures or delays in performing under the Plan that are due to
(i) you, (ii) an unforeseeable and insuperable action or omission of a third party or (iii) a force
majeure event.
Moreover, in accordance with French law, apart from this Plan, and if applicable, Apple provides
consumers a guarantee for defects of conformity (Articles L.211-1 et seq. of the French Consumer
code) and for hidden defects under the conditions stated in Articles 1641 to 1649 of the French
Civil code.
In accordance with Article L.211-15 of the French Consumer code, the following Articles apply to
consumers and are here below reproduced in their entirety (as translated by Apple):
Article L.211-4 of the French 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, the instructions for
assembly or the installation when the seller was in charge of installation pursuant to the contract
or when the said installation is carried out under the seller’s responsibility”.
Article L.211-5 of the French Consumer code: “To be conform to the contract, the good must:
1° Be fit for the purpose for which a good of the same type is normally used and, if applicable:
- comply with the description given by the seller and possess the qualities which the seller has
held out to the buyer as a sample or model;
- have the qualities which the buyer can legitimately expect, taking into account the public
statements made by the seller, the producer or its representative, including in advertising or on
labelling;
2° Or have the features defined by mutual agreement of the parties or be fit for any special use
sought by the buyer, made known to the seller and which the seller has accepted.”
Article L.211-12 of the French Consumer code: ”Legal action based on defect of conformity lapses
two years after delivery of the good.”
Article 1641 of the French Civil code: “The Seller is bound by a warranty on account of the hidden
defects of the good sold that render it unfit for the use for which it was intended, or that so