Perhaps Apple should only provide remanufactured devices in that country since the judge seems hellbent on creating a ton of extra waste in order to cater so some killjoy who "feels" that a new device is somehow different.
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Dutch Court Rules Apple May Not Use 'Remanufactured' iPads for Warranty Replacements
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I wonder how this court will rule once Apple starts initiating it's new green manufacturing program which will recycle parts and plastic from old devices for use in new ones. Honestly the court here seems a bit dated. From a consumer perspective I can understand if the defective device is weeks or even a couple months old. But once it's gone into heavier use I don't really get why a used device should be replaced with a brand new one. That's just a waste of resources and functionally the two are no different. Perhaps if Apple does what some car manufacturers and insurance companies do and extend the warranty on the remanufactured replacement beyond the original warranty term would be a solution.
Other companies don't do this. Only Apple cheats customers
Nope.
The original iPad had issues with the Wi-Fi 4 months after purchase.
So no issues with the replacement as far as I can tell, she just threw her dummy out the pram because it wasn't brand new.
As far as I can tell, of course. There's no evidence currently to suggest otherwise.
Fair enough, but the practice you are referring to is not what was being discussed in the law suit.
I love Apple's refurbished products. I have purchased many different ones without any issues from any of them. I purchased refurbished Macs, ATVs, iPods, and AirPorts from Apple, and besides the outer packaging of some of the devices, I would have never of known that they were not new.
That said, I think if someone does not want a refurbished device replacement from a warranty of a new device, they should have the option of repairing it. If the item is unable to be repaired, then they should get a "new" replacement.
If the customer prefers not to wait for the repair, then they could be given the option of a refurbished replacement.
Pretty simple solution, anyone see anything wrong with that?
That said, I think if someone does not want a refurbished device replacement from a warranty of a new device, they should have the option of repairing it. If the item is unable to be repaired, then they should get a "new" replacement.
If the customer prefers not to wait for the repair, then they could be given the option of a refurbished replacement.
Pretty simple solution, anyone see anything wrong with that?
I, for one, thinks it's great that a government/economy like this is booming so awesomely they are trying to drive tech companies out of their borders.
If you honestly believe this, you know nothing about the industry.
If it was sarcasm, it flew over my head.
That's okay...as long as the rest of us that live in The Netherlands don't have to foot the bill!
Sorry, could'n't resist it.
On topic, this strikes me as the right decision.
The problem is at what point is a new product no longer justified. In this case the iPad was 4 months old.
The point of the warranty is to make the customer whole if a product fails, not to run a lottery to hand out new devices if yours was a dud.
That said, I somewhat agree to providing a new replacement if yours fails in the first 2 weeks or so.
Plain and simple point of Law - Replace Like with Like.
Easy peasy - even Apple should understand that.
They have been pulling this caper in Australia in the face of ACL 2010 (Black Letter consumer law) in all manner of ways - now they are are going have their feet held to the fire over millions and possibly billions of dollars in avoided taxes (achieved through Profit Shifting).
Sneaky appears to be in Apple's DNA.
Article Link: Dutch Court Rules Apple May Not Use 'Remanufactured' iPads for Warranty Replacements[/QUOTE]
Easy peasy - even Apple should understand that.
They have been pulling this caper in Australia in the face of ACL 2010 (Black Letter consumer law) in all manner of ways - now they are are going have their feet held to the fire over millions and possibly billions of dollars in avoided taxes (achieved through Profit Shifting).
Sneaky appears to be in Apple's DNA.
Article Link: Dutch Court Rules Apple May Not Use 'Remanufactured' iPads for Warranty Replacements[/QUOTE]
No, Apple has to pay €100 per day after two weeks of this judgment, with a maximum of €1000, unless Apple complies with the judgment within that time frame.
Don't buy from Apple. In the UK I buy from John Lewis as their customer service is better then Apples. I had a dead pixel with a Sony Tablet I got one Christmas, took it in and showed them, brand new replacement plus a refund as they had dropped the price of the tablet since I got it! Now THATS customer service.
I buy my iPhones and iPads from them, peace of mind no nonsense customer service wins for me.
I buy my iPhones and iPads from them, peace of mind no nonsense customer service wins for me.
So if she brings in a 4 month old device (aka-used) she is entitled to a refurb.
This will lead to Apple repairing far more devices rather than simply swapping them out. Enjoy having them tell you "We're going to need to send it in. Should take about 2 weeks." rather than sending you with a refurbished replacement on the spot.
And at what point does 'like for like' mean they should get a brand new device when the device is 4 months old and failed? We're not talking about a 14-day old iPad. Replacing a faulty logic board with a refurbed or remanufactured board (which works) under warranty is... well, that's fine in the eyes for like-with-like. It's the same component, except the replacement part fixes the issue.
Or like-for-like in the instance of this article? They can only replace the parts in a 4-month old iPad with a part that is exactly 4-months old; no older, no younger? Would that be like-for-like enough for you?
And if that doesn't fly, what next? Somebody has a 4-month old iPad that no longer works and Apple are meant to replace it with a brand new one. Well what if there are dents all over it (none which contributed to the issue)? Do they still replace it with a brand-new device? Why would that be fair for somebody who abused their device?
Or if it fails well outside the 30 days, can Apple just fix the flaming thing under warranty with refurb/remanufactured parts which have been tested as working, like every single other tech company does?
Passing a law like this doesn't suddenly make things easier and more black and white. It opens up a whole new grey area.
I've had that happen twice now when I've bought refurbished products from Apple's refurbished store. Both ended up getting replaced by Apple because they almost immediately failed. So I can understand the argument of not wanting a refurbished device as a replacement, as I know I won't be purchasing one again.
Except a lot of products are handled that way anyway. My Apple Watch Sport had an issue and they had to send it out. They don't stock everything on hand.
The court applies the law as given. There is nothing stopping Apple from offering a refurbished device in exchange for a rebate, if the buyers agrees. However, Apple pretends that new and refurbished devices are equal, but the law assumes that if your product is irreparable, then the consumer never received a decent product as advertised to begin with and is entitled to start over with a new device. Don’t forget that Apple is in a better position here: what constitutes ‘refurbished’/‘remanufactured’ and how this is applied to particular devices is something the consumer cannot easily verify. The law therefore empowers the buyer for this reason.
But after you owned it for six months, it's not a new device anymore.
Well, Apple doesn't _have_ to offer you a replacement. They can repair your device. Gets sent to China, comes back repaired four weeks later.
Apples next solution will be to repair only. No exchanges on any items. Only repairs. So my 30 minutes in the apple store just turned into 2 weeks coming back.