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turtleattacks
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  #2677783 21-Mar-2021 07:37
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Did you buy the phone from Apple directly or via a retailer? 

If I bought my phone from a retailer i.e. PB/Vodafone/Spark, does this mean the claim would be against them?


GSManiac

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  #2677784 21-Mar-2021 07:46
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I bought my phone directly from Apple. And the answer would be yes to your question. 


antoniosk
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  #2677787 21-Mar-2021 09:03
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mattwnz:

 

But what is to stop companies just refusing to follow the CGA, and just hope that someone doesn't take them to the DT? Are there any penalties on companies that don't follow the CGA?

 

 

The laws of the country are'nt something you can choose to opt out from, but in practise you are correct - many retailers respect for consumer protection laws are frankly shambolic. Poorly trained staff, unsupportive and dismissing behaviour, the list goes on.

 

Like all laws, it needs enforcement, and enforcement isn't one strike and youre done:

 

Noel Leeming in NZ is one of the biggest offenders, has been taken to court by the Commerce Commission and found guilty.

 

https://www.newshub.co.nz/home/money/2018/12/noel-leeming-fined-after-repeatedly-lying-to-customers-about-their-rights-under-the-consumer-guarantees-act.html

 

https://www.nzherald.co.nz/business/pb-tech-cops-77000-fine-over-extended-warranties/J7JJBMS3THGMA4AYL442ZWMFVU/

 

and thats just what makes it into court.

 

 

 

The real shame is that the disputes process sounds intimidating and difficult. As the OP found, it is slow and you represent yourself, and you need to stick to the facts as well as demonstrate how you have not acted carelessly to cause damage.

 

 





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GSManiac

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  #2677788 21-Mar-2021 09:06
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I was super clear to make the point that it wasn’t at all intimidating and difficult. As I said I found it relaxed and accessible. The fact no one is allowed lawyers adds to this, not detracts.

antoniosk
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  #2677794 21-Mar-2021 10:01
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GSManiac: I was super clear to make the point that it wasn’t at all intimidating and difficult. As I said I found it relaxed and accessible. The fact no one is allowed lawyers adds to this, not detracts.

 

Very true; I should have said it can APPEAR that way until you've gone through the process.

 

 





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raytaylor
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  #2677798 21-Mar-2021 10:47
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I'd be interested to know if that person from Singapore that teleconferenced was actually a lawyer representing Apple or just a corporate manager. 





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GSManiac

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  #2677799 21-Mar-2021 10:52
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He called himself an “executive liaison” and when asked by the adjudicator claimed he wasn’t a lawyer but it wouldn’t surprise me at all if he had some sort of legal training but wasn’t technically employed as such for times such as these.




surfisup1000
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  #2677802 21-Mar-2021 11:32
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Apple are an appalling company who put profits before law. 

 

Check this thread from nearly 2 years ago...

 

https://www.geekzone.co.nz/forums.asp?forumid=76&topicid=236371

 

From Commerce Commission today... interesting.... (my EMPHASIS added, given the ongoing discussion around CGA in these forums)

 

Apple warned for misleading consumers about their rights

 

 

 

Two years later apple continue to completely ignore the law.

 

I urge the OP to file a new complaint with the commerce commission to show that apple still consider their 2 year warranty complies with the CGA -- apple has no excuse, they've been warned before.  The OP's case should never have gone to the DT. 

 

 

 

 


surfisup1000
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  #2678029 21-Mar-2021 17:12
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You can read the warning letter at...

 

https://comcom.govt.nz/__data/assets/pdf_file/0027/86157/Warning-letter-to-Apple-Sales-New-Zealand-21-May-2018.pdf

 

This section warns Apple about possible action if they continue ... 

 

 

 

 

 


deadlyllama
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  #2678033 21-Mar-2021 17:33
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I do find it amusing to read these stories of sticking it to the man... And then giving the same man your continued business.

elpenguino
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  #2678036 21-Mar-2021 17:48
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deadlyllama: I do find it amusing to read these stories of sticking it to the man... And then giving the same man your continued business.

 

Lol True, although OP didn't say what he was going to do with his refund. Unfortunately , all mega-corps tend to do the same thing i.e. everything they can to weasel out of their responsibilities. It's not as though, say Samsung or Google are lily-white in their behaviour towards customers. As consumers, we're often forced to choose between the lesser of two evils.

 

Props to OP for sticking to his guns, having faith in the process and 'sticking it to the man'. Shame on Apple for trying to save a few bucks at a customer's expense. This is what the pursuit of profit at all costs looks like. 

 

The geeks might inherit the earth but at the moment accountants rule the world.

 

 





Most of the posters in this thread are just like chimpanzees on MDMA, full of feelings of bonhomie, joy, and optimism. Fred99 8/4/21


GSManiac

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  #2678039 21-Mar-2021 17:56
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surfisup1000:

 

You can read the warning letter at...

 

https://comcom.govt.nz/__data/assets/pdf_file/0027/86157/Warning-letter-to-Apple-Sales-New-Zealand-21-May-2018.pdf

 

This section warns Apple about possible action if they continue ... 

 

 

 

 

 

 

 

 

 

when I was speaking with Apple back in November they definitely tried to mislead me as to my rights under the CGA. I mentioned that under this law, goods are covered for a reasonable length of time and that length of time is not fixed and is based on a variety of factors. Apple were adamant that this period is defined as two years and the person I was speaking to even went to far as to tell me that they were currently looking at the CGA in front of them and that the period is two years. Even when I pointed out that on their own website that it states goods are covered under CGA for a reasonable length of time they point blank told me that the period is two years under CGA. 

 

I bet there’s a little black mark next to my name with Apple now. Will be interesting to see how they handle things with me going forward. 


Bung
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  #2678040 21-Mar-2021 18:12
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GSManiac:

when I was speaking with Apple back in November they definitely tried to mislead me as to my rights under the CGA. I mentioned that under this law, goods are covered for a reasonable length of time and that length of time is not fixed and is based on a variety of factors. Apple were adamant that this period is defined as two years and the person I was speaking to even went to far as to tell me that they were currently looking at the CGA in front of them and that the period is two years. Even when I pointed out that on their own website that it states goods are covered under CGA for a reasonable length of time they point blank told me that the period is two years under CGA. 


I bet there’s a little black mark next to my name with Apple now. Will be interesting to see how they handle things with me going forward. 



Maybe they think we're part of Europe, I think 2 years might apply there. There are others that normally have a 12 month warranty that think they can get away with tacking another 12 months on "for CGA".

Maybe Apple are getting nervous about iphone 11 face recognition faults hoping to tough it out until the fan base upgrade on their regular cycle. Has the 12 been around long enough to show whether it is better?

RunningMan
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  #2678041 21-Mar-2021 18:29
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elpenguino:[snip], although OP didn't say what he was going to do with his refund.

 

GSManiac: [snip] I have ordered a shiny new iPhone 12 Pro Max.


skyplonk
411 posts

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  #2678043 21-Mar-2021 18:32
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elpenguino:

deadlyllama: I do find it amusing to read these stories of sticking it to the man... And then giving the same man your continued business.


Lol True, although OP didn't say what he was going to do with his refund.



Maybe not with the funds directly from the refund, but the OP has said they have ordered a brand new 12 Pro Max

"I have ordered a shiny new iPhone 12 Pro Max. Just a shame I’m half way through a product cycle. Would be nice to wait for iPhone 13."

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