Hello Christopher and all:

I am quoting from an email I received at 653 PM central time after writing to 
apple accessibility for some clarification on this topic. I am not the only 
individual whom has received this email. Alex forwarded the same email to the 
list though I am not sure of the time. A paraphrase of Alex's comment was this 
statement was a mystery to him as well given his phone conversation with an 
Apple representative … Alex, if I have misquoted your thoughts … please do not 
hesitate to correct me. 

I like you Christopher did not see anything in the return policy other than the 
statements of all purchases being final … hence where the majority of my 
questions are stemming. My reading of Neil's initial email was that there was 
not a policy of which he knew of yet returns were being issued. something has 
to bridge both of those statements being true. Now, if the policy is unofficial 
then Apple can do what it wishes. if it is official … and this email may 
indicate that it is … then something may be being lost in translation. Before 
making any suggestions to Apple as to what they should or ought to be doing … 
discovering what they are doing seems to me to be a reasonable approach. In 
short, Apple may be doing what we are asking for except in certain 
circumstances. what are those circumstances is the catalyst for the policy 
discussion we are having.

I know others are sick of reading the following statement from me though I am 
not sick of saying it … so here it goes again … I do not have any preconceived 
answers and therefore no opinion about what should or should not be done. that 
is for everyone to figure for themselves. just asking question to make sure 
there is some certainty as to what is happening so others are familiar with the 
situation if they should face a similar situation.

BTW … the 90 day time frame was not my input … that was from the Apple 
correspondence. that seems to be their period of time before the refund door 
closes so to speak :)

Nothing like a good mystery to keep the juices flowing :)

I am encouraged by this discussion. all of us putting our best forward will 
assist in individuals grasping a handle on how to be both a satisfied and 
responsible Apple Product user. 

Take good care and I wish you enough.


On Sep 11, 2013, at 11:08 PM, Christopher Chaltain <chalt...@gmail.com> wrote:

> 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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> 
> -- 
> Christopher (CJ)
> chaltain at Gmail
> 
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