And all because of a crack on the back of the glass. Is that ok?
A case that could well have legal consequences! A real case that is currently still open: an iPhone XS has a defective microphone. This will be handed over to Apple for repair as part of the warranty claim.
Apple, on the other hand, refuses to carry out the legally required repairs because, in addition to the microphone, the glass casing is also cracked (which ultimately is not a warranty claim). Jun from JunIT , a law firm for IT and commercial law, now describes this case According to Jun, Apple only wants to replace the microphone as part of a total repair, which in this case amounts to €300.
Jun describes the case: “ It's like the car salesman refusing to replace the defective windshield wiper because the trunk lid has a scratch. Hotline and Apple partners confirm that they are acting on clear instructions to always refuse supplementary performance if new damage occurs because they only want to completely repair each cell phone. “
Warranty?!
Jun tells us that every customer has a 2-year statutory warranty and that within the first 6 months consumers are also presumed that any defect was already present when the risk was transferred. In the first step, the customer can demand subsequent performance through repairs or subsequent delivery. If the seller refuses to do so or does not solve the problem in a timely manner, the customer can withdraw from the contract or demand compensation.
However, Jun also suspects that manufacturers are taking advantage of the fact that consumers do not know the difference between a voluntary guarantee and a legal guarantee. Clear case for civil court and consumer protection, my Chan-Jo Jun.
He writes on Facebook: “ If this instruction actually exists, this is a case for the public prosecutor. In any case, we have declared withdrawal for the iPhone We will then resolve the case in court. The Munich consumer advice center has already joined in and is monitoring the progress of the case. “
Article image from DSBfoto / Shutterstock
Notes:
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