The restocking applies if a product is non-defective, but the buyer just changes his mind.
In the case of defective merchandise, Apple can print all the fine print they wish, but their printing press doesn't trump the Uniform Commercial Code (or its equivalent in other quasi-civilized lands). OTOH, Apple's 'policy' statements clearly do have their intended effect on those who have been spared the ravages of intelligence.
Only a moron would pay a "restocking fee" on damaged goods.
...even Apple (probably) doesn't "restock" busted stuff,
LK