Lisa,

When I buy something I would expect to be able to use it, when I report to the 
seller, which in law is Apple not the developer, I expect them to act…

Either by making the product usable or by offering a refund of my purchase 
amount.

In the UK we have a law called: The Distance Selling Regulations, it guarantees 
a legal right to a refund for any product or service bought remotely where you 
did not have a chance to hands on sample the goods up front, Apple cannot get 
around this law, their refusal to comply is illegal and indeed immoral and 
unethical.

I am of the personal opinion that telling me, the solution from their 
perspective is to have me write a review about my troubles, rather than 
refunding me or solving my issue patronising… To patronise to me is to make a 
statement without understanding or thought to how that statement may affect me 
or impact me.

Anyhow, it is what it is, and the person at Apple referred this up twice to two 
different levels of Apple management, so these are the statements of at least 
three employees, two of whom were senior.


Regards,

Neil Barnfather

Talks List Administrator
Twitter @neilbarnfather

TalkNav is a Nuance, Code Factory and Sendero dealer, as well as an Apple iOS, 
Macintosh and Android accessibility specialist. For all your
accessible phone, PDA and GPS related enquiries visit www.talknav.com

URL: - www.talknav.com
e-mail: - [email protected]
Phone: - +44  844 999 4199

On 11 Sep 2013, at 18:01, Lisa belville <[email protected]> wrote:

> Well, I hate to say it, but I don't find this response patronising.  I 
> disagree with the policy, but I don't find these responses unprofessional. 
> This person is probably someone on the main lines of their customer service 
> who is only authorized to tell you what they were taught in training.
> 
> A better customer service approach would have been for them to indicate that 
> they had reviewed your purchasing records and were going to kick the request 
> up to a supervisor.  Still, this doesn't render their responses patronising 
> or unsympathetic.
> 
> I'm sure lots of people request refunds for all kinds of reasons, not that an 
> inaccessible app we can't use at all through no fault of our own isn't a 
> valid reason.  I don't purchase an app unless I see positive reviews of it up 
> on Applevis.com or this list simply because I don't want to waste money and 
> deal with this type of frustration.
> 
> I think something like a targeted campaign stating our concerns and why The 
> Apple Store should adopt a policy wherein we should be entitled to refunds in 
> situations where we purchase inaccessible apps is going to get a better 
> result.
> 
> Lisa
> 
> 
> There is a fine line between genius and insanity and that difference is a 
> paycheck!
> Lisa Belville
> [email protected]
> 
> ----- Original Message ----- From: "Neil Barnfather - TalkNav" 
> <[email protected]>
> To: <[email protected]>
> Sent: Wednesday, September 11, 2013 10:29 AM
> Subject: Re: Apple App Store & Refunds for inaccessible Apps
> 
> 
> Yes, below are three quotes from the messages that I have exchanged about 
> this, you'll see very clearly what they have to say about it…
> 
> --Apple iTunes App Store Support responses--
> 
> "I appreciate your feedback and I understand your frustration.
> 
> Every app gets reviewed by Apple, but you also have as user the chance to 
> leave your own opinion about the products offered on the App Store, writing a 
> review to the mentioned app.
> 
> You can also submit your feedback about the accessibility feature of apps and 
> how this should be clearly indicated in the app description.
> I encourage you therefore to use the iTunes Feedback page to submit your 
> comments:
> http://www.apple.com/feedback/itunesapp.html.";
> 
> "We have checked this a second time again. We do understand that it is 
> frustrating to have paid for an application that you won't be able to use, 
> but I need to remind you that all sales on the iTunes Store are final.
> 
> I just want also to remind you that the App Store is just a commercial 
> platform, we do not create most of the apps that are sold on the Store so we 
> are unable to guarantee their voice over compatibility. You may wish to 
> contact the developer prior to purchasing an app in the future to find out if 
> they have this feature."
> 
> --end--
> 
> As you can see, they are very clearly not budging.
> 
> 
> 
> 
> Regards,
> 
> Neil Barnfather
> 
> Talks List Administrator
> Twitter @neilbarnfather
> 
> TalkNav is a Nuance, Code Factory and Sendero dealer, as well as an Apple 
> iOS, Macintosh and Android accessibility specialist. For all your
> accessible phone, PDA and GPS related enquiries visit www.talknav.com
> 
> URL: - www.talknav.com
> e-mail: - [email protected]
> Phone: - +44  844 999 4199
> 
> On 11 Sep 2013, at 15:59, Lisa belville <[email protected]> wrote:
> 
>> Hi.  Is there any way you could share a letter showing how the Apple people 
>> were patronizing/unhelpful in this regard?  I understand the frustration of 
>> not getting a refund for something inaccessible and how a clueless rep makes 
>> this all the more annoying, but IMO there's a difference between 
>> politely/patiently conveying a policy and being patronizing.  Obviously, you 
>> can take out any names in this letter, but it would be good to see an 
>> example of this attitude.  Could it possibly be this particular rep's issue 
>> and not necessarily one of Apple itself?  I'm referring to the 
>> patronizing/unsympathetic attitude and not the policy itself.
>> 
>> Lisa
>> 
>> 
>> 
>> There is a fine line between genius and insanity and that difference is a 
>> paycheck!
>> Lisa Belville
>> [email protected]
>> 
>> ----- Original Message ----- From: "Neil Barnfather - TalkNav" 
>> <[email protected]>
>> To: <[email protected]>; <[email protected]>; "The 
>> Accessible Phones Discussion List" <[email protected]>
>> Sent: Wednesday, September 11, 2013 8:58 AM
>> Subject: Apple App Store & Refunds for inaccessible Apps
>> 
>> 
>> The below should prove a concern to all Apple accessibility feature users, 
>> and I would urge as many of you who can do so, to please write to Apple 
>> yourselves to express your concern along the same lines where possible… 
>> ([email protected]).
>> 
>> For years now Apple has led the way in accessibility standards and 
>> application of methods in interacting with all of its product range. 
>> Internationally within many disability arenas Apple is celebrated as the 
>> defacto standard and is widely acknowledged as users preferred platform for 
>> persons with accessibility issues.
>> 
>> Whether or not the App Store had an unofficial policy towards customers with 
>> accessibility needs or not, is unknown to me. What I am aware of is that 
>> where I've bought Apps which turn out not to be accessible, Apple App Store 
>> has always been prompt to refund the purchase immediately without question.
>> 
>> Since Apple do not enforce accessibility standards, nor in anyway whatsoever 
>> offer a method of a disabled user to know whether or not an App is, or is 
>> not, accessible in advance of purchase, this seemed to be a most reasonable 
>> compromise.
>> 
>> However, in correspondence over the past week with Apple iTunes support 
>> staff via e-mail in relation to an App I have purchased which is 
>> inaccessible, Apple's stance has been both surprising and frankly highly 
>> dismissive of our needs and vulnerability when using Apple's App Store.
>> 
>> I have been point blank refused a refund upon this occasion, with staff 
>> suggesting that I could leave a review for the App which others could read, 
>> and or write to the developer. Whilst I understand that the second 
>> suggestion may illicit a positive response, and sometimes it does… In many 
>> instances developers haven't even heard of Voice Over let alone understand 
>> what it does and how they aught to address compliance with Apple's 
>> Accessibility API's.
>> 
>> Of course, the best approach would be for Apple to make compliance with its 
>> Accessibility API's a requirement for all new Apps being approved to the App 
>> Store, indeed a range of other options would also work, such as; a discount 
>> on the 30% cut that Apple takes for compliant Apps, a penalty higher fee 
>> (35% etc) for those that do not comply and perhaps indicating with a marker 
>> in the App store which Apps do meet the requirements.
>> 
>> Since Apple do none of these, despite so publicly professing to up holding 
>> and supporting some of the most well implemented accessibility innovation 
>> and support seen in the industry, it seemed like a fair compromise that 
>> Apple voluntarily and without complication offered a refund to customers who 
>> had accessibility needs where an App proved to be inaccessible.
>> 
>> The situation now, though is that Apple is refusing in an uncompromising and 
>> frankly shocking way to refund such purchases, with patronising and 
>> unsympathetic suggestions as to how we, as blind users, go about reviewing 
>> Apps etc.
>> 
>> I would ask that Apple firstly developed a robust policy in this regard, and 
>> secondly, reviews options as to improving the compliance uptake of 
>> developers within their iOS and Mac App Stores.
>> 
>> So that I  can convey your response to the ViPhone, Macvisionaries and other 
>> Apple Accessibility user forums promptly, I would sincerely appreciate your 
>> earliest feedback and response on this issue.
>> 
>> Yours kindly.
>> 
>> Regards,
>> 
>> Neil Barnfather
>> 
>> http://www.NeilBarnfather.com
>> 
>> 
>> 
>> 
>> Regards,
>> 
>> Neil Barnfather
>> 
>> Talks List Administrator
>> Twitter @neilbarnfather
>> 
>> TalkNav is a Nuance, Code Factory and Sendero dealer, as well as an Apple 
>> iOS, Macintosh and Android accessibility specialist. For all your
>> accessible phone, PDA and GPS related enquiries visit www.talknav.com
>> 
>> URL: - www.talknav.com
>> e-mail: - [email protected]
>> Phone: - +44  844 999 4199
>> 
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