Monday, September 8, 2014

But tech giant sets requirements for customers that goes far beyond what Norwegian … – DinSide

Your page Recently Apple went out and admitted that a number of iPhone 5 units have defective batteries. Customers experiencing therefore worse battery life than the phones really should have.

Apple thus set in motion a service structure that affected customers can get new batteries for free.

But the tech giant sets requirements for customers that goes far beyond what Norwegian law allows.

Read also: Use your warranty! Four out of five are partially or wholly supported

This requires Apple

On its website explains what Apple requires for replacement battery free. In addition to that, you must have the correct serial number, Apple requires, among other things:

  1. The phone has no physical damage, such as cracked screens. Apple notes that this must be repaired before the battery can be replaced, and that customers “in some cases” have to pay for this yourself.
  2. The customers turn to an “Apple Authorized Service Provider.” You can not necessarily contact the store where you bought the phone.


(Photo: OLE PETTER Baugerød STOKKE)

CONDITION: Apple’s “replacement program for batteries for iPhone 5″ set requirements that consumer law denies them.

These points does not make sense with Norwegian warranty, which is enshrined in consumer law .

Can not claim undamaged

In the first place, and we have many examples: A company can not deny you advertising on Battery as screen has a crack.

– If a manufacturer has admitted that they are responsible for a mistake, they must rectify it, regardless of the condition of the phone otherwise, says Ingeborg Flønes, director of consumer services Consumer Council for DinSide.

– You can choose to live fine with a crack in the screen and it does not relieve the manufacturer of responsibility to fix a manufacturing defect.

The Respondent must demonstrate that physical damage is the cause of the specific error you advertise on. About screen your crush is not necessarily the reason why the Battery does not work. And Apple has already admitted that battery problems are their own fault. That it may be difficult for Apple to open a cracked iPhone is not your problem.

Read also: How long reklamasjonstid is it really the battery?

Can not claim “qualified supplier”

Apple can not decide where to turn for advertising on their products, as they do by requiring that you go to an “Apple Authorized Service Provider.”

Apple vs. Current law

  • Apple: “Find a participating Apple Authorized Service Centre to replace the battery.”
  • Act: “If there is a defect in the goods, the consumer must (…) give the seller notice that he or she will plead lack (complaint). (…) No complaint may instead be filed against those who by agreement with the seller has undertaken to remedy the deficiencies. “
  • Apple: ” Note that if your iPhone 5 damage such such as a crack in the screen that prevents the replacement of the battery, this problem solved before the battery can be replaced. In some cases you may have to pay for this repair. “
  • Act: ” If there is a defect and not due to the consumer or the ratio of the consumer, the consumer (…) choose between rectification and replacement (…). “

– If you wish to complain to the store you purchased a phone, provide law you can. Regardless of whether it is authorized by the manufacturer, turn Flønes firm.

The current law says the fact that the self can choose to complain to the seller or manufacturer of the item. It is nevertheless the seller’s responsibility to fix it.



Warranty vs. complaints

There is a difference between warranty and guarantee. A guarantee company can define, as long as you get better terms than legislation assures you. While the warranty is just that; a statutory right.

You might look at Apple’s “utskiftsprogram” as a kind of guarantee, where Apple has more freedom to set the terms. But you are also free to disregard such guarantee, nor use the warranty. Then the company must follow the laws, without their own terms.

– Have the goods a mistake, you can complain to the law in hand. A producer can not contract away from the law, stressing Flønes Consumer Council.



Apple does it again

This is not the first time DinSide reveals how Apple and their Norwegian partners are on a collision course with Norwegian law.

For example, we told how Apple is forcing the Norwegians to silence through very controversial service agreements. How the iPhone’s moisture indicator mistakenly used as evidence that the customer has broken the phone. How to “jailbreak” your iPhone prevents complaints. And how Apple will not take responsibility for batteries Macbook’s blowing up.

Without exception DinSide yet to answer our questions from Apple. This time we sent questions through their Norwegian PR agency Apelandsneset, without receiving any response from Apple.

Consumer Council said in this article generally. Flønes says she will not take a final decision on Apple’s battery replacement, when the Council might mediate complaints about this.
     
   

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