Yeah, god forbid a company posting recording breaking profits year after year follow law of the place they do business and NOT stick it to their customers and then point the finger at the government. This isn't about "taking profits" away from Apple, its realizing they are still doing FINE selling their products in territories that have stronger consumer protection laws and shouldn't get into some petty pissig match with the law makers of that country.
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Apple Offers Statement on Warranty Disclosures to Italian Customers
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Yeah, god forbid a company posting recording breaking profits year after year follow law of the place they do business and NOT stick it to their customers and then point the finger at the government. This isn't about "taking profits" away from Apple, its realizing they are still doing FINE selling their products in territories that have stronger consumer protection laws and shouldn't get into some petty pissig match with the law makers of that country.
Because it is missing a very, very important bit.
If you buy a product, and there is a defect present at the time you buy it, and the product stops working due to the defect within two years, then the shop has to rectify the problem. Absolute fact (there is an obvious exception for things that cannot be reasonably expected to last that long; if you buy a fish and it starts smelling long before two years
it's your problem). Now the bit that is missing: You have to _prove_ that there was a defect present at the time you bought it that caused the problem. Within the first six months it is _assumed_ that this is the case, and it would be up to the seller to prove that you caused the fault. But after six months, it is _your_ problem to prove the fault.
So you go to the shop, all fired up, want your money back or the device repaired, because it is all their fault, and they just say: Prove it.
This case wasn't about disrespecting consumers' rights. And it wasn't about not informing consumers about their rights (in the UK, Apple tells you that you may have more statutory rights, that you should inform yourself and where to get the information, and that by giving you a one year warranty, Apple is not claiming to take anything away from your statutory right). It was about selling AppleCare and not telling exactly what rights consumers had without AppleCare, so they might overestimate the additional protection that AppleCare gives. I won't be able to understand what exactly they say on the Italian store, on the UK store the situation is covered by saying "AppleCare Protection Plan benefits are in addition to any legal rights provided by consumer protection laws in your jurisdiction.".
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Agree! Phawking Commie Libs!
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I think this is all stupid. It's pretty freaking clear what the warranty vs AppleCare covers. If Italians are too stupid to figure it out then Apple should closes its doors, stop doing business in a place where ignorance gets to sue you for 1.2 million.
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They did follow the law. Italy is just nit picking, because Apple has made money and they want their greedy little commie hands on it. They need someone to fit the bill for their failed government and liberal spending spree.
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In Portugal, we have 2 years of warranty by law but, despite of that, Apple always tries to give only one. You have to push them.
A friend of mine had his screen dimmed for like 40% of the normal state in a few days span, and that was 15 or 16 months after purchase. He contacted Apple by phone and they said that he had to pay the repairs since he didn't had Apple Care. After about a hour and half on the phone and after speaking with several different "managers" with several lawsuits threats involved, they acknowledged the 2 years warranty and sent someone to pick up his laptop. about 8 days later he received his computer fixed.
A friend of mine had his screen dimmed for like 40% of the normal state in a few days span, and that was 15 or 16 months after purchase. He contacted Apple by phone and they said that he had to pay the repairs since he didn't had Apple Care. After about a hour and half on the phone and after speaking with several different "managers" with several lawsuits threats involved, they acknowledged the 2 years warranty and sent someone to pick up his laptop. about 8 days later he received his computer fixed.
Once again:
Apple warranty: 1 year unless Apple shows that the problem is your fault.
AppleCare: 3 years unless Apple shows that the problem is your fault.
The Law: 6 months unless Apple shows that the problem is your fault.
A reasonable time / 2 years in Portugal if you show that the problem isn't your fault.
Can you see the tiny tiny little detail "if you show that the problem isn't your fault"? I'll just tell you that you would lose any lawsuit _unless the seller refused to fix problems after you proved it wasn't your fault_.
I'm glad that you know so much about Portuguese law...
Pitty that you are a bit on the wrong side...
1st) The article 5 of the Warranty Decree is self explanatory... There is no six months period in Portugal... We have only one single window of 2 years (or 5 depending on the product).
2nd) During those 2 years, the burden of proof that it was (or was not) damage induced by the customer belongs to the manufacter not the customer. I don't have to prove anything. (art. 6 of the Warranty Decree)
3rd) The article 12 in the costumer law says that even if its not the manufacter fault, i can still try to activate the warranty aslong it complies within the warranty decree.
4th) On a side note, we also have a 2 month period where we can and we should complain about manufacturing defects and if any defect is from manufacturing and its a severe defect, we can replace the product for a new one during that period.
Anyway here is the costumer law (in Portuguese):
http://www.acra.pt/_pdf/LEI_DO_CONSUMIDOR.pdf
the warranty decree (again in Portuguese):
http://dre.pt/pdf1sdip/2003/04/083A00/22802283.PDF
And here is another decree about financial and comercial fairplay:
http://dre.pt/pdf1sdip/2007/03/06000/17361739.PDF
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The laws differ in the different E.U. countries, they are all different implementations of the same E.U. treaty, the interpretation of the treaty is up to the country, since interpretations vary, some states favor the seller, some states favor the consumer, within the bounds of feasible interpretations.
If the ruling is not appealed, Apple may have to expand it's informing practice to all E.U. countries, who provide a similar or better consumer protection than Italy.
Consumer protection laws are important to ensure fair competition, Apple has a brilliant support practice in the U.S., the same can not be said for many European countries, regulation is in my opinion important to both protect the consumer, and to give companies a fair picture of what is expected.
Since the U.S. is market regulated, Apple has a brilliant consumer support practice, but there is no guarantee or minimum requirement that companies provide such support.
While regulation may hinder companies in going the extra mile and just focusing on compliance, the result of the lack of regulation is much worse, where far more companies provide terrible service, and few provide exceptional service.
If the ruling is not appealed, Apple may have to expand it's informing practice to all E.U. countries, who provide a similar or better consumer protection than Italy.
Consumer protection laws are important to ensure fair competition, Apple has a brilliant support practice in the U.S., the same can not be said for many European countries, regulation is in my opinion important to both protect the consumer, and to give companies a fair picture of what is expected.
Since the U.S. is market regulated, Apple has a brilliant consumer support practice, but there is no guarantee or minimum requirement that companies provide such support.
While regulation may hinder companies in going the extra mile and just focusing on compliance, the result of the lack of regulation is much worse, where far more companies provide terrible service, and few provide exceptional service.