Apple brought to heel in fight for the right to warranty

Apple brought to heel in fight for the right to warranty

Summary: Apple has reached a deal with a Belgian consumer group that will see it forced to be clearer about what warranties they are entitled to by law and the extras that Cupertino offers.

TOPICS: Legal, Apple, EU

Belgian consumer organisation Test-Aankoop has successfully forced Apple to comply with Belgian legislation on product warranties. 

The organisation sued Apple in 2012, claiming that Cupertino was violating Belgian law with its warranty policy. "Every company must respect the rights of consumers, even a giant like Apple. However, there was something seriously wrong with the information issued by Apple and its distributors, in particular regarding its policy on warranties stipulated by law and manufacturers own warranties," Test-Aankoop says on its website.

The devil's in the detail

According to Test-Aankoop, Apple deliberately confused customers by providing incomplete information about the range of warranties available to them. Under European law, manufacturers must offer consumers two years of warranty on their products for free.

However, Apple was only providing its own manufacturer's warranty — lasting one year — which customers could extend by another two or three years if they bought a separate Apple Care plan.

In March 2012, Test-Aankoop joined forces with 10 others consumer organisations in Europe with the aim of trying to force Apple to comply with national and European laws on warranties.

In its lawsuit, Test-Aankoop demanded that Apple revised all of its documentation online concerning warranties, and that the company should clearly explain the statutory warranties consumers can expect in Belgium when they buy a piece of Apple kit.

In addition, the group wanted Apple to revise the structure and length of all contract documents to make them more accessible and comprehensible to the average consumer. 

On its website, Test-Aankoop states that it has now reached an agreement with Apple, under which Apple will comply with Belgian warranty legislation.

Although Apple has not commented on the matter, the consumer organisation claims the company has promised to explain what statutory warranties consumers can expect, as well as how that relates to Apple's own AppleCare Protection Plan.

In addition, Apple will clarify what a one, two or three-year AppleCare plan covers exactly.

As a result of the agreement, Apple has also revised the terms and conditions in Apple stores and will inform its distributors about the statutory warranties and demand that they in turn inform the consumer about their rights regarding that warranty.

Battle far from over

Test-Aankoop says it's extremely happy it's been able to reach an agreement with Apple, but that the battle is far from over.

"We will do everything in our power to ensure that the promises will be kept, but there is much more to fight for, as warranty issues are at the top of the list of complaints we receive. In order to resolve this issue, we are trying to get the statutory warranty period extended from two to five years."

The organisation did not yet disclose how it is planning to achieve this.

Read more on Apple

Topics: Legal, Apple, EU

Martin Gijzemijter

About Martin Gijzemijter

Martin began his IT career in 1998 covering games and gadgets, only to discover that the scope of his interests extended far beyond that. Ironically, where he used to cover 'anything with a plug', he now focuses on the wireless world. A self-pronounced Apple enthusiast who can't live without his Windows PC, he writes tech news, reviews and tutorials for the Dutch market and stories about flying elephants for his two sons.

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  • Not this again

    Unfortunately eu customers do not get two year's manufacturer warranty trough eu law.

    Some member states such as italy have this as law.

    It's why your kindle, your samsung tv, your lg dishwasher and your apple phone have a one year warranty.

    The eu directive says you can claim upto two years after purchase, but that you have to make the claim within 2 months of finding the fault.

    This is at odds with the sales of goods act that allows you to claim for 6 years, but that you have to prove the fault existed at purchase after month 6.

    They also are not manufacturer warranties - the manufacturer may simply repair the item, and in the case of the eu decide how much use you have had of the product up to that point - your battery may not be covered? - and adjust repair/refund as they see fit.

    You may also find that your claim is with the retailer not the manufacturer.

    A 2 year warranty is fair and logical... Unfortunately it's not quite that simple yet.
  • The EU also ruled that all phones be standardised with MicroUSB ports

    Yet they let Apple be the exception to the rule
    • Well, here's thanking that

      Micro USB are brittle and single direction pins... my PlayBook's gave out within months, and I had to buy a rapid charger and get files off of it over WiFi.

      Lightning connections are snug and robust. If there had to be standard, I'd want it to be lightning.
      • This was back when iPhones had the 30 pin connector

        I was actually surprised Apple didn't go Macbook style with magnetic pogo pins connection rather than lightning. It would have been far nicer and even more robust to dock magnetically to charge rather than plug in a connector.
  • What a surprise. Yet more ZDnet opportunistic Anti Apple rhetoric....

    Wake up ZDnet and lets have some impartiality for a change.