Ok folks! Just got off the phone with the ACCC, and they were
excellent. Exploring all the options and details of my case, they helped me work out that Apple provides a
consumer guarantee, as the manufacturer, in the form of a 'warranty against defect' in their
Apple One (1) Year Limited Warranty, in which they state right at the top,
"You are entitled to a replacement or refund for a major failure", which this keyboard defect famously is and which was confirmed by their diagnostic testing yesterday.
In this exhaustive order of action, this is what I will do until my defective 2017 MBP is remedied (with a standard refund):
- Ring up Apple on the phone first to see if they'll comply after I point out they're literally acting unlawfully by not giving me a refund.
- Make the request again via Online Support chat if I need to (and also get something in writing in some form to later give to NSW Fair Trading).
- Send a formal complaint letter to Apple Pty Ltd using the
ACCC template and all information they just helped me become clear on.
- Lastly, if Apple fail to comply with the law after all that, lodge an official complaint with the relevant body which for me is NSW Fair Trading.
This is the ugliest thing I've ever experienced with the Apple brand: to legally fight for my basic right to have a major product defect remedied as they clearly promise in their own ***** 1-year warranty! This MacBook is only 4 months old!
For others like me, you may be eligible for even older MacBooks (up to two years), depending on the details of your case (and BTW the AppleCare warranty may have a promise for full refund meaning even a 2015 MacBook that is still defective could be returned). There may be more than one way to exercise your consumer rights. In my case, to make it simplest for myself (and do what SHOULD have happened at the Apple Store yesterday), I'm going after the 'Warranties against defects' 'consumer guarantee' under Australian law, from the manufacturer, which is this case is Apple Pty Ltd. I'm NOT going after the retailer.
The Apple Store manager was either an ******* to me (and ought to be fired), OR he was ignorant of Apple's universal manufacturer guarantee and has experience only dealing with customers more on the surface 'retail' level instead of Apple as the 'manufacturer', in which case I would forgive him. He was a very young manager after all, and maybe hasn't had anyone ask him for a product defect refund like this, which is what Apple is after all famous for.
I'm not even asking Apple to be 'special' or above other PC companies - I'M ASKING THEM TO HONOUR THEIR OWN 1-YEAR LIMITED WARRANTY.
Heh, my caps lock key just took me five goes to turn on again. Sorry for shouting there. Maybe I should give up on Caps Lock and just zen out with this defective keyboard forever.
PS are you guys shocked at the stupidity in the reddit thread replies like I am? I didn't even bother replying to those attacking me in what must be blind weird Apple inc. worship.