Where are you getting this statement from Patrick? It looks like you're quoting an email from someone in Apple accessibility, but I don't see you stating this and I don't see this anywhere else in the thread.

If you go to Apple's Terms of Sales site at http://www.apple.com/legal/internet-services/itunes/us/terms.html#SALE you won't see this documented at all. In fact the only thing I read related to a return policy is the following statement:

All sales and rentals of products are final.

If Apple doesn't have a documented and published policy on refunds then we're at the whim of the representative we end up talking to when requesting the refund. If they aren't aware of this policy you're referring to then we have no recourse, since we can't point to Apple's published return policy regarding inaccessible apps. My interpretation of what Neil is asking for is to have such a policy put in place, documented and published, so we can refer to it when requesting a refund from the App Store when we realize we purchased an inaccessible app. I think one of Neil's points is to clear up this confusion and inconsistent handling of refund requests.

BTW, I have no problem with a time limit, and in fact, I don't think we need anywhere close to 90 days to determine if an app is accessible or not.

On 09/11/2013 10:40 PM, Patrick Neazer wrote:
Hello Neil and all:

Thank you so much for your presentation of your position. It is clear
and well thought out.

As an iPhone user attempting to find my way through this maze I must
weigh what you have so skillfully articulated alongside what seemingly
seems to be Apple's position … Apple states:


Hello,

Thank you for your email. The iTunes Store policy regarding app refunds
for inaccessibile apps has not changed. The Store will provide refunds
as long as they fall within the 90 day refund window (as is standard
with any iTunes Store refund.) Please ensure that any refund you request
is made in a timely manner as we cannot grant exceptions to the 90 day
policy.

Apple Accessibility.

So, my dilemma persists. Apple seems to have a policy as stated by the
people to whom we are asked to write. and yet, seemingly, there is a
disconnect. Is there a problem with the 90 day window? Is the answer
possibly what was suggested earlier that the standard method by which to
receive these refunds is online and not over the phone? is that what is
potentially causing the log jam?

As I have stated earlier, and will say again, I have no pre rehearsed
answer to any of these questions. however, I think if these questions
are taken seriously two things will be the natural result:

1. a transparent answer will be arrived at without needing to appeal to
personalities. Principle should govern the discussion and that means
establishing for anyone who is faced with such an occurrence of needing
a refund what the actual rules are and how they impact everyone
proportionately.

2. And understanding of what is and what is not happening so
constructive solutions to existing reality can be offered.

I did not mention him by name earlier though I will now … Tyler made a
suggestion which I believed is based in principle from the perspective
of the developers … making Apple's documentation easier to use. That is
a universal strategy which has been embraced by many communities and can
be measured.

I know that the response I received from accessibility was not only sent
to my inbox. does anyone have any experience to share here that might
shed more light upon the topic? the security of knowing that the world's
leading accessibility company is both responsive and collaborative is
always a fruitful topic for conversation and a fantastic catalyst for
action.

The purchasing of apps is a topic close to all of us. Thank you from
here to all whom have participated and offered their best efforts.

Take good care and I wish you enough.
On Sep 11, 2013, at 6:05 PM, Neil Barnfather - TalkNav
<for...@talknav.com <mailto:for...@talknav.com>> wrote:

Patrick,

As it was I whom started the thread I shall answer as follows…

Apple's official online policy for App Store purchases is that once
completed they are none refundable and all purchases are final.

There are no exemptions listed and its pretty much a catch all, once
you've pressed buy, entered your password and pressed OK, you're done,
that's it, no money back and importantly especially for Voice Over
users, no guarantee…

What I am lobbying for, and the call to arms if you will, is for us
together as a community to tell Apple that this policy puts our
community uniquely at a disadvantage.

We cannot look at the screen shots, almost never is there a review by
a Voice Over user pointing out whether or not the app is accessible or
not, where there is, how would you find that single review amongst
many others… Often App developers are unaware of our needs, the tools
Apple provide to resolve those and link up with their accessibility
API's which provide features like Voice Over to operate.

Apple themselves make no effort to point these features out to
developers, they do not screen apps submitted to them for compliance,
they offer no incentive to, or not to, comply with their standards,
and finally, they offer us the user no way of simply flagging an app
in an easy to follow and find manner that an app has been certified by
our community as functional.

Given all of the above, I believe it right and proper that Apple
accept that occasionally we will purchase an app and it will not
function as intended by the developer for us, and as such, we aught to
be entitled to our money back.

That's it, in a nut shell, no bells, no whistles, no credibility
check, plain simple language that I hope covers my specific grievance
in one.

Whilst some have pointed out is all this necessary for the odd dollar
here and there, I suppose it comes down to how many apps you buy and
at what cost they are.

I personally buy 5 or so a week, granted most of these are low cost,
but the app that specifically caused me to write to them was £35 about
US$50. and I consider this worthy of my money back.

This aside, no-one should be made to pay money for something they
cannot use, no matter the amount.

Hope that this clears things up



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
<http://www.talknav.com/>

URL: - www.talknav.com <http://www.talknav.com/>
e-mail: - serv...@talknav.com <mailto:serv...@talknav.com>
Phone: - +44  844 999 4199

On 11 Sep 2013, at 20:11, Patrick Neazer <vantagepoint1...@gmail.com
<mailto:vantagepoint1...@gmail.com>> wrote:

Hello Neil, Joseph, and all:

I have been following this thread since its inception and I must
confess I am a bit confused by the arc of the conversation. It began
with a judgement pertaining to a policy which may or may not exist
addressing the refund of money for app purchases. then, a turn was
taken to patronizing activity or not. then there was an appeal to the
upstanding credentials of an individual and then … well … I lost the
trail.

I am not attempting to take sides or a stand. I am truly attempting
to understand what is actually occurring and what the call to action
is. so, in an attempt to clarify my obvious unclear view here is my
question … does Apple have a stated policy or procedure which is
clearly stated and viewable by the public governing refunds for app
purchases and does there policy outline any unique exemptions based
on pick the criteria of choice? If that information could be
presented as quickly as links to write to apple requesting policy
changes and adaptations to business practices that would go a long
way I believe to clearing up my apparent confusion and sharpening the
discussion in the minds of other members of the community who may be
experiencing the same confusion I am experiencing. Of course, I may
be the only one confused and if so, anyone reading this whom has been
following the thread is free to disregard anything written above.

Thank you to anyone who reads this and responds in a constructive
manner and high fives to all those who take up the mantle of
improving the tools which make the lives of persons with disabilities
easier to navigate.

Take good care and I wish you enough.

Patrick
On Sep 11, 2013, at 1:46 PM, Joseph FreeTech
<joseph.freet...@gmail.com <mailto:joseph.freet...@gmail.com>> wrote:

Well, the suggestion I posted has nothing to do with you personally.
<Smile>. it's a general, unbiased suggestion, and had anyone else
made it, I
would have suggested the same thing. It was another lister who
turned this
into a bit of an ad hominem discussion.

Joseph

----- Original Message -----
From: "Neil Barnfather - TalkNav" <for...@talknav.com
<mailto:for...@talknav.com>>
To: <viphone@googlegroups.com <mailto:viphone@googlegroups.com>>
Sent: Wednesday, September 11, 2013 11:22 AM
Subject: Re: Apple App Store & Refunds for inaccessible Apps


Joseph,

As Sieghard has said, I'm not one for such things, and have been a
positive
advocate of our community online and off line for many, many years
now… I
would recommend that you check out my web-site; neilbarnfather.com
<http://neilbarnfather.com/> for some
information and this might explain a little more about myself and my
work.





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 <http://www.talknav.com/>

URL: - www.talknav.com <http://www.talknav.com/>
e-mail: - serv...@talknav.com <mailto:serv...@talknav.com>
Phone: - +44  844 999 4199

On 11 Sep 2013, at 17:13, Joseph FreeTech <joseph.freet...@gmail.com
<mailto:joseph.freet...@gmail.com>> wrote:

Very smart suggestion. Let's say we all jump on this bandwagon (once
again),
and in the end we discover that whoever the original person this
happened
to
was very nasty and demanding to the Apple customer service employees;
hence
the poor service. We're all going to be very embarrassed and not
likely to
take this issue up again in the future. We first need proof of a
pattern
of
poor service and not just some single person's complaint.

Joseph

----- Original Message -----
From: "Lisa belville" <missktlab1...@frontier.com
<mailto:missktlab1...@frontier.com>>
To: <viphone@googlegroups.com <mailto:viphone@googlegroups.com>>
Sent: Wednesday, September 11, 2013 7:59 AM
Subject: Re: Apple App Store & Refunds for inaccessible Apps


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
missktlab1...@frontier.com <mailto:missktlab1...@frontier.com>

----- Original Message -----
From: "Neil Barnfather - TalkNav" <for...@talknav.com
<mailto:for...@talknav.com>>
To: <macvisionar...@googlegroups.com
<mailto:macvisionar...@googlegroups.com>>;
<viphone@googlegroups.com <mailto:viphone@googlegroups.com>>; "The
Accessible Phones Discussion List" <blindpho...@mosenexplosion.com
<mailto:blindpho...@mosenexplosion.com>>
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…
(accessibil...@apple.com <mailto:accessibil...@apple.com>).

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: - serv...@talknav.com
Phone: - +44  844 999 4199

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