With an official press release, AGCM announces that it has imposed a 10 million euro fine against Apple (Apple Distribution International and Apple Italia S.r.l.) for two distinct unfair commercial practices. It also sets the publication of an extract of the provision on the homepage of the Italian official website and on the page of the products concerned through the link "Consumer protection information" (which at the moment does not appear yet).
For the Guarantor Authority of the Competition and the Market, this occurs only under certain conditions, for example during specific tests the ducts in the controlled environment of the laboratory with the use of static and pure water, therefore not in normal daily use by consumers. An important detail not clarified by advertising. Furthermore, the disclaimer "The guarantee does not cover damage caused by liquids" is considered suitable to deceive as it lacks any clarification of the type of reference guarantee (conventional or legal) as well as unable to adequately contextualize the conditions and limitations of assertive claims of water resistance.
The second commercial practice considered incorrect is linked to the post-sale phase. The company would have refused to provide warranty assistance when iPhones damaged due to the introduction of water or other liquids, thus preventing customers from exercising their rights recognized by the Consumer Code.
At the moment which this article is written and published there are no replicas available from Apple. If necessary, they will be integrated.
Source: AGCM
iPhone , water resistance and advertising: AGCM fine of 10 million
Both practices affect the iPhone line and in more detail the 8, 8 Plus, XR, XS, XS Max, 11, 11 Pro and 11 Pro Max models The first refers to promotional messages in which the water resistance of the devices was enhanced for 30 minutes up to a depth varying between 1 and 4 meters (depending on the version).For the Guarantor Authority of the Competition and the Market, this occurs only under certain conditions, for example during specific tests the ducts in the controlled environment of the laboratory with the use of static and pure water, therefore not in normal daily use by consumers. An important detail not clarified by advertising. Furthermore, the disclaimer "The guarantee does not cover damage caused by liquids" is considered suitable to deceive as it lacks any clarification of the type of reference guarantee (conventional or legal) as well as unable to adequately contextualize the conditions and limitations of assertive claims of water resistance.
The second commercial practice considered incorrect is linked to the post-sale phase. The company would have refused to provide warranty assistance when iPhones damaged due to the introduction of water or other liquids, thus preventing customers from exercising their rights recognized by the Consumer Code.
At the moment which this article is written and published there are no replicas available from Apple. If necessary, they will be integrated.
Source: AGCM