May 2, 2012
After being charged twice for a song he downloaded in the iTunes Store, Robert Herskowitz is taking Apple to court. Claiming Apple "double-bills" with “troubling regularity,” the man is suing the Cupertino, California-based company for $5 million, according to The Next Web. Herskowitz claims that after making a $1.29 purchase in iTunes, Apple charged him twice for the song. When he contacted Apple over the error, he received the following response:
Your request for ‘Whatya Want from Me’ was carefully considered; however, according to the iTunes Store Terms of Sale, all purchases made on the iTunes store are ineligible for refund. This policy matches Apple’s refund policies and provides protection for copyrighted materials.According to Herskowitz, Apple violated their own terms of agreement as well as California state and common laws. In addition, he contends the agreement governing use of Apple’s digital stores “says no such thing” about all purchases made on the iTunes Store being ineligible for refunds. One look at Apple’s Sales and Refund policy, however, says otherwise. In it, Apple states:
The following products are not eligible for return: electronic software downloads, subscriptions to the Software-Up-To-Date program, Apple Gift Cards, and any Apple Developer Connection products.The company’s iTunes Store – Terms and Conditions policy is even clearer, stating:
All sales and rentals of products are final.