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Old Mar 30, 2012, 08:46 AM   #1
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Apple Clarifies Warranty Coverage Options for Customers in European Union




Late last year, Apple was fined $1.2 million by Italian regulators over its marketing of AppleCare extended warranty services for its products. The regulators ruled that Apple was not adequately disclosing standard two-year consumer protection coverage available under European Union laws. Apple last week lost its appeal of the ruling, although another follow-up hearing is scheduled for early May.




In an effort to inform consumers about the differences between Apple's standard warranty coverage, AppleCare, and EU consumer protection laws, Apple has posted information pages on many of its localized sites for customers in European Union countries. Among the differences between Apple's standard warranty and the EU's statutory warranty requirements:

- Apple's warranty is good for one year, while EU protection lasts for two years.

- Apple's warranty covers defects that arise at any time during the warranty period. EU protection laws generally require consumers to prove that a given defect was present at the time of product delivery.

- Apple's warranty coverage applies only to Apple products. EU protection laws require sellers to support any products they sell, so the EU coverage would apply to both Apple-branded products and third-party products sold by Apple.

Apple's document also provides a number of links and clarifications to help consumers understand exactly what is covered by each warranty layer, enabling them to better determine whether AppleCare extended warranties might be a desirable addition to their purchases.

Article Link: Apple Clarifies Warranty Coverage Options for Customers in European Union
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Old Mar 30, 2012, 08:48 AM   #2
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Nice to see the clarification. EU law does have some advantages .
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Old Mar 30, 2012, 08:49 AM   #3
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So there...

What is next?
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Old Mar 30, 2012, 08:51 AM   #4
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Should be a none issue sounds like.

Who is going to wait >12 months to file a claim upon receiving a defective product.
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Old Mar 30, 2012, 08:52 AM   #5
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They should have a section for the UK Sale of Goods Act which differs from the EU Consumer Law directive.
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Old Mar 30, 2012, 08:53 AM   #6
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If I buy my iPad from Germany, Greece or any other EU country, would Apple honor 2-year warranty in US?
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Old Mar 30, 2012, 08:53 AM   #7
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Originally Posted by sevimli View Post
If I buy my iPad from Germany, Greece or any other EU country, would Apple honor 2-year warranty in US?
Unlikely.
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Old Mar 30, 2012, 08:54 AM   #8
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How on earth do you prove that a defect that manifests itself 18 months after you purchased the product, was present from the start? The EU two year thing seems useless.
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Old Mar 30, 2012, 08:54 AM   #9
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i wonder which other companies would get called up if they were also under such close critism. I bet there would be quite a few.
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Old Mar 30, 2012, 08:55 AM   #10
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This helps explain why products are more expensive in the EU than in US. Other than the VAT being included in the price. Longer warrantees and consumer protection is not free.
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Old Mar 30, 2012, 08:56 AM   #11
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Originally Posted by md63 View Post
This helps explain why products are more expensive in the EU than in US. Other than the VAT being included in the price. Longer warrantees and consumer protection is not free.
Europe regulation bothers me. Now it's just them saying "Hey! Look at us, big scary Apple! We're still relevant!" when any European country outside of Germany is totally hosed.
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Old Mar 30, 2012, 08:57 AM   #12
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Originally Posted by MacRumors View Post
Apple has posted information pages on many of its localized sites for customers in European Union countries.
It is worth noting that this does not mean the pages have been modified to take into account national laws. For instance, the Finnish page differs quite a bit from the local consumer protection laws. So, the list may be on local Apple store pages but it only lists differences with the EU wide laws.
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Old Mar 30, 2012, 08:57 AM   #13
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- Apple's warranty covers defects that arise at any time during the warranty period. EU protection laws generally require consumers to prove that a given defect was present at the time of product delivery.
It's more like that customers have to prove that the defect isn't his or her fault after six months. You can do this by simply stating you used the device normally. You don't have to provide actual evidence.
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Old Mar 30, 2012, 08:57 AM   #14
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Originally Posted by jonnyb View Post
How on earth do you prove that a defect that manifests itself 18 months after you purchased the product, was present from the start? The EU two year thing seems useless.
Seems to be an incorrect interpretation of the law.

http://whatconsumer.co.uk/eu-directive-sale-of-goods/

For UK consumers we also have the Sale of Goods act which entitles us to the following as well:

Quote:
In reality, this European law, is no substitute for what we already have in the UK in the form of Sale of Goods Act 1979. Under this act, consumers in the UK have the statutory right to expect products which are of “satisfactory quality and fit for purpose”. It enables us to request a repair, replacement or even a refund at any time, bearing in mind the price you have paid and the expected lifetime of the product. In many cases, this may be longer than two years and could be anything up to six.
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Old Mar 30, 2012, 08:58 AM   #15
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Originally Posted by sevimli View Post
If I buy my iPad from Germany, Greece or any other EU country, would Apple honor 2-year warranty in US?
No.

You do understand that the EU warranty works like this: If you buy an iPad and it has a dead pixel after 23 months of use.... you must PROVE that that dead pixel was there on day 1.

There is no way to do this. The 2-year EU warranty is useless.

With AppleCare, if the dead pixel shows up after 23 months of use, you get a new iPad. AppleCare seems much better.
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Old Mar 30, 2012, 09:00 AM   #16
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Originally Posted by md63 View Post
This helps explain why products are more expensive in the EU than in US. Other than the VAT being included in the price. Longer warrantees and consumer protection is not free.
Apple has nothing to worry about if their products are of high quality.

----------

Quote:
Originally Posted by bbeagle View Post
No.

You do understand that the EU warranty works like this: If you buy an iPad and it has a dead pixel after 23 months of use.... you must PROVE that that dead pixel was there on day 1.

There is no way to do this. The 2-year EU warranty is useless.

With AppleCare, if the dead pixel shows up after 23 months of use, you get a new iPad. AppleCare seems much better.
Not really, you don't have to provide real evidence. All you must do is state that you have used a device normally. If suddenly the device completely stops working after only 1,5 years (and it isn't your fault), than your product must still be replaced for free.

Again, you do not have to provide actual evidence.

-----------------------------------
And another misunderstanding: warranty laws are different in most EU member states. For example, in the Netherlands you have got the 'right of a proper product', which means you can actually still claim warranty up to five years after you bought a product (it depends on pricing, how it is advertised (high quality or not), etc.)
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Old Mar 30, 2012, 09:01 AM   #17
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Originally Posted by bbeagle View Post
No.
You do understand that the EU warranty works like this: If you buy an iPad and it has a dead pixel after 23 months of use.... you must PROVE that that dead pixel was there on day 1.
No, you don't have to prove that the defect existed on day one
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Old Mar 30, 2012, 09:04 AM   #18
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Originally Posted by sevimli View Post
If I buy my iPad from Germany, Greece or any other EU country, would Apple honor 2-year warranty in US?
Probably not - since it's not a 2 year Apple warranty but a local legal requirement. In the EU law case, the seller is responsible for complying with the law; so even if it was bought from pile they could require you to present it within the EU to exercise your rights under EU law.

A question - does the UK sale of goods (and other countries) provide for a pro-rated refund based on use? For example, a 5 year old TV that would have an expected life of say 6 years would get 1/6th of the purchase price back?

As a side note - many states have implied warranty laws that also require goods to function for a reasonable amount of time; the issue is of course is it worth suing over a $400 device?

Last edited by jlc1978; Mar 30, 2012 at 09:42 AM. Reason: Added US law comment
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Old Mar 30, 2012, 09:05 AM   #19
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Originally Posted by ThatsMeRight View Post
Apple has nothing to worry about if their products are of high quality.

----------


Not really, you don't have to provide real evidence. All you must do is state that you have used a device normally. If suddenly the device completely stops working after only 1,5 years (and it isn't your fault), than your product must still be replaced for free.

Again, you do not have to provide actual evidence.
the screen on my iPhone got a whole lot of dead pixels overnight while I had it in my drawer.
Of course no one cared about it and I was told that it comes with 1 year warranty. The only way I would ever get a free replacement is if I sued the hell out of them, which was not worth it. The telecom companies here (they distribute the iPhone and are in charge of service) don't even honor the 1 year warranty..
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Old Mar 30, 2012, 09:06 AM   #20
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Quote:
Originally Posted by bigjobby View Post
They should have a section for the UK Sale of Goods Act which differs from the EU Consumer Law directive.
See footnote number 2.

----------

Quote:
Originally Posted by sevimli View Post
If I buy my iPad from Germany, Greece or any other EU country, would Apple honor 2-year warranty in US?
See footnote number 5.
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Old Mar 30, 2012, 09:09 AM   #21
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Seems to be an incorrect interpretation of the law.

http://whatconsumer.co.uk/eu-directive-sale-of-goods/

For UK consumers we also have the Sale of Goods act which entitles us to the following as well:
I have successfully used the "Sale of Goods act 1979 as amended" (and you quote that) and got iPhones replaced well out of warranty with no issue.

Most UK consumers dont realise this but Apple products are considered "premium" and therefore should last a considerable time (such as 5-6 years for iPhones). It works on the rule of it should last a "reasonable" time so if its odd that your Macbook Pro dies after 2 years, take it back and providing its been treated fairly - Apple or the retailer who sold it to you have the responsibility to pay for repairs or a replacement.

The agreement is not with the manufacturer, its with the retailer so make sure you chase the place you bought it from like PC World, Apple Retail, Amazon etc.

Its true they dont make them like they used to but this law helps if you quote it. It can be a fight with some staff as they dont know but all managers should.
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Last edited by louis.frankland; Mar 30, 2012 at 09:18 AM. Reason: Clarification on Law
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Old Mar 30, 2012, 09:09 AM   #22
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Great document! This would never have been posted in the Jobs era.
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Old Mar 30, 2012, 09:11 AM   #23
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Originally Posted by bbeagle View Post
No.

You do understand that the EU warranty works like this: If you buy an iPad and it has a dead pixel after 23 months of use.... you must PROVE that that dead pixel was there on day 1.

There is no way to do this. The 2-year EU warranty is useless.

With AppleCare, if the dead pixel shows up after 23 months of use, you get a new iPad. AppleCare seems much better.
You have to prove that the issue is not because of regular use but a manufacture defect.
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Old Mar 30, 2012, 09:14 AM   #24
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No, you don't have to prove that the defect existed on day one
But the seller could argue that you damaged the device and hence are not entitled to a refund.
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Old Mar 30, 2012, 09:15 AM   #25
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How on earth do you prove that a defect that manifests itself 18 months after you purchased the product, was present from the start? The EU two year thing seems useless.
(1) You don't have to prove it within the first six months. Thus, if you want to read it like this, the EU directive guarantees a minimum of six months of warranty on any product sold inside the EU. Does not really change anything for most products and companies (because they over a longer warranty of their own) but it ensures that no company and no reseller is able to wriggle itself out of any warranty.

(2) How difficult it is to prove a defect later really depends on the kind of product and the kind of failure. And there is very likely a lot of case law already. I doubt it is completely useless.
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