Review: EU vs. Apple – misleading advertising with Apple care?

The EU Commissioner Viviane Reding writes the consumer Ministers of all 27 Member States of the EU: Apple is accused of misleading to advertise with warranty conditions. According to the EU Treaty Commissioner Apple fails to enlighten about the statutory warranty rights. Instead you’ll be using Apple’s warranty “ Apple care ” become prominent.

To understand the alleged problem, it is first of all to understand the difference between guarantee and warranty: warranty is required by law. It grants to fix the law, such defects the seller the customer, which existed already at the handover. Here, the seller bears the burden in the first 6 months, i.e. He must prove to refuse a remedy, that the product passed was not flawed. Usually, this proof for the seller is not possible, so that he must improve. After the 6 months the burden of proof is reversed back to legal normally: the buyer must prove that the defect already existed on delivery. As you can imagine it is not difficult, the benefits of the statutory warranty right with the Elimination of the burden of proof is dwindling significantly.


Apple care, however, is a guarantee of the manufacturer themselves (so Apple, no matter whether you buy Apple or any other seller), which is granted for one year, and independent of the time of the damage repair grants in the first year after the purchase (of course not at fault). I.e., it is not only to damages that already exist in passing, but also damage or malfunctions that occur during the operation of the Smartphone. In addition, Apple granted special service: E.g. directly to get a replacement device at the Apple store in a warranty claim. Normally a guarantee so clearly goes further than the legal warranty, Apple’s advertising is so misleading?

I find misleading, just reporting on this subject because many authors don’t know the difference between guarantee and warranty, misquote and argue with false background information. The only thing I find confusing to Apple care is that far away from just one year are warranted by the practices of the market and not two years.

By a misleading of the customers can not speak my opinion – what do you think?