:strip_icc()/i.s3.glbimg.com/v1/AUTH_59edd422c0c84a879bd37670ae4f538a/internal_photos/bs/2020/H/A/71sg8pTm64pT4RTDk6Eg/2020-10-13t181202z-114564881-rc2uhj9rob01-rtrmadp-3-apple-iphone.jpg?fit=%2C&ssl=1)
Procon-SP fined the Apple in R $ 10.5 million for abusive practice when selling iPhones without the power charger.
–
The information was given by the consumer protection agency on Friday night (19). The company has the right to appeal.
–
A Apple no longer includes the plug adapter in all your cell phones last October, after announcing the new iPhone 12, stating that a decision is part of “your environmental goals”.
–
In season, Procon asked the manufacturer for further explanations.
–
In November, the organ stated that “the company has not demonstrated this environmental gain” in his first response, as he did not present a plan for the collection of old appliances and recycling.
–
Now, Procon says that it did not get an answer to questions such as whether there was a reduction in the price of the iPhone 12 device, due to the removal of the accessory; what are the values of the device sold with and without the adapter and the effective reduction in the number of adapters produced.
–
In addition to this reason, the fine occurs after the agency points out other irregularities (see below).
–
THE G1 sought out Apple and awaits a positioning by the company.
–
Procon-SP also says that consumers complained that “their devices iPhone 11 Pro – whose advertising it claimed to be waterproof – presented problems without the company repairing them. ”
–
And that, when questioned by Procon-SP, Apple reported that water resistance would not be a permanent condition of the device, and may decrease over time; and that to avoid liquid damage consumers should stop swimming or showering with the smartphone and use it in conditions of extreme humidity.
–
“However, the model’s advertisements made statements such as: ‘rigorous testing and refinements helped to create a durable iPhone that is resistant to water and dust’, ‘water resistant to 4 meters for up to 30 seconds’,’ made to take splashes and even a bath ‘and they brought images of the cell phone receiving jets of water on the sides and on the top being used in the rain and in a water container “, says the organ.
–
Problems after system update
–
Procon-SP also listened to consumers who reported problems with some functions of their devices after updating the system.
–
“Despite being notified, Apple did not provide explanations about several questions asked, failing to provide information of interest to consumers and preventing the verification of any harmful conduct to them,” said the entity.
–
In analyzing the product warranty term, Procon-SP considered that Apple imposes some “unfair terms”.
–
“In one, the company disclaims all legal and implied warranties and against hidden or hidden defects; in another, it says that ‘software distributed by Apple, whether Apple branded or not (including, among other system software), is not covered by this warranty ‘and that’ Apple does not guarantee that the operation of the Apple product will be uninterrupted or error-free ‘”, pointed out Procon.
–
With these clauses, the company disclaims liability for problems with products or services and violates Article 51, I of the Consumer Protection Code, according to the agency.
–
There is another clause providing that the company may request authorization to charge a credit card for the value of the product or replacement part and shipping costs.
–
For Procon-SP, it is abusive and also disrespects Article 51, IV, of the Code, as it transfers to the consumer the risk of the activity and the cost of complying with the guarantee, “offending the principle of good faith, the balance and vulnerability of the consumer and putting him at an exaggerated disadvantage “.
–
Company did not repair device
–
When listing the reasons for the fine, Procon-SP also mentioned that Apple did not fix a problem presented by a device purchased abroad within the period established by law, which is 30 days.
–
“By failing to solve the problem of the Apple smartphone acquired abroad, but also marketed in Brazil, the company incorporated in this country as a distributor and provider of technical assistance services for Apple products, disrespected Article 18 of the Code,” said the agency .
–
VIDEO: see what the iPhone 12 looks like
–
–
Apple announces the new generation of iPhone
– – – –
:quality(80)/cdn-kiosk-api.telegraaf.nl/fa38b60e-88e2-11eb-aced-0218eaf05005.jpg?resize=150%2C150&ssl=1)