Can Apple do this?

Elessar

Maybe this is more suited to Consumer Issues. I had to get a replacement battery for my Macbook Pro yesterday and as a "security" measure I was told I had to give my credit card details incase I fail to return the old battery. I would be charged if this happened. I don't have any issues with that but I do not like giving my credit card details out unnecessarily to anyone, and for a company to replace a faulty product under warranty, I really shouldn't have to.

My question is, if I had declined to give my card details, could Apple have declined my warranty replacement? If so is that not a breach of the law/consumer act?

Cabaal

Seems rather strange, I personally wouldn't agree with it
This might be better off in consumer issues I'd say as its to do with consumer law imho

440Hz

Agreed, I think you will get a more legally correct answer in consumer issues, so I'm going to move this over there!

Oriel

I had to get a replacement battery too. I didn't not have to give my credit card details. This appears to be a problem with the employee doing the wrong thing, not with Apple as a whole.

Oryx

The apple site requested my cc details in order to repair my ipod under warranty. There was no way I was giving them, because youre leaving yourself open to being charged, at their whim. Instead, I rang the support line where no one requested any payment details.

dahamsta

Elessar wrote:

My question is, if I had declined to give my card details, could Apple have declined my warranty replacement? If so is that not a breach of the law/consumer act?

Probably, but Apple are arrrogant bastards when it comes to this kind of stuff, and probably believe their own guff that terms and conditions can take precedent over law. They can't, but the problem is getting them to accept this. You're probably right, but fighting Apply might take more than an explanation of the law.

Try telling Google to delete your data if you'd like a similar response.

adam

Huggles

Elessar wrote:

Maybe this is more suited to Consumer Issues. I had to get a replacement battery for my Macbook Pro yesterday and as a "security" measure I was told I had to give my credit card details incase I fail to return the old battery. I would be charged if this happened. I don't have any issues with that but I do not like giving my credit card details out unnecessarily to anyone, and for a company to replace a faulty product under warranty, I really shouldn't have to.

My question is, if I had declined to give my card details, could Apple have declined my warranty replacement? If so is that not a breach of the law/consumer act?

Thats bizarre.

I had same thing but WASN'T asked for my CC details. Its very dodgy OP. I simply filled in a request form and they sent new battery in two days, popped old batter into the box with address sticker they provided and simply called UPS to say there was a pick up from my address. All paid for by Apple.

Try giving apple in Cork a call.

Elessar

I knew it. I was stupid for giving them the card details. Why do I never trust my instinct?

Does anyone know an email address I can write to to complain about this? I can't find any on the Apple site.

I will return the old battery, so I'm not too concerned, but what if it never arrives, or is damaged in transit and they charge me? The fact is they should not ask for CC details at all. I feel uncomfortable.

cgarvey

Whilst it may have changed in the year or so, the CC details used only be required if you wanted a hot-swap (they deliver the new battery BEFORE you return the old one). You used be able to just return the battery, as is the norm for most other manufacturers, and they'll repair/replace some time later.

Also, just because you give your CC details, it doesn't mean they can just charge what they like "at their whim". They must get your permission for the amount of the charge (which is probably in the small print).

So, unless it's changed, the CC details are a guarantee (same as a hotel booking) in case you abuse the more-generous-than-normal returns procedure. It does not affect your statutory rights! Again, this may have changed in the mean time!

Rhonda9000

dahamsta wrote:

Apple probably believe their own guff that terms and conditions can take precedent over law. They can't, but the problem is getting them to accept this. You're probably right, but fighting Apply might take more than an explanation of the law.

Misinformation alert!

Assuming the contract has been entered into freely, only extremely onerous or unconscionable terms will not hold up under proper legal challenge. Explaining the version of law as you think it should be will get you nowhere my friend.

I empathise with the OP - the consumer certainly has weaker bargaining power contractually, and all these contrary invasive procedures are pushed upon us and annoying to put up with. I guess you just have to swallow hard and get on with it :rolleyes:

dahamsta

Sorry "misinformation" accuser, the law beats terms and condtions every time. That's why it's called the "law". You can't end-route it.

backdraft102

Hey,

Sounds like you called Technical Support and were speaking with one of the agents in India. Technical Support agents at the Cork office never ask for credit card details because they are already on file from the order. I find that hilarious at the best of times. It's usually as simple as them verifying you meet the "criteria" and sending you one. They can get you a new iMac to replace the one that arrived on your doorstep as dead as a dodo but a battery throws up barriers that not even a call from Bill Gates could solve.

The reason indian agents have such a bad reputation is because the comany using them never gives them the same tools as an agent on-site so they have nothing to consult and you end up waiting for hours while they try to get someone on iChat to enter a product serial number they could have entered at the start and you end up paying.

My only advice is to stay analogue...sleep in trees.

You can tell I worked for Apple, can't you. At least they gave me a free shuffluffickis.

Johmo.

Rhonda9000

dahamsta wrote:

Sorry "misinformation" accuser, the law beats terms and condtions every time. That's why it's called the "law". You can't end-route it.

The "law" of contract is willing to intervene where there are unfair terms or if the terms were not incorporated properly or if the contract was not entered into freely etc.

There is nothing illegal or absurd enough to warrant court time in a warranty contract sounding like this one where apple requires a customer to provide payment details to provide a replacement part on the understanding that the broken part will be returned to them.

There is no law of contract doctrine available to take down these reasonable (though annoying) terms in a warranty contract freely entered into. The law will not concern itself with such contracts so it is not going to come to a case of it coming along and "beating terms and conditions".

So it is misinformation to claim that the "law" is going to undo contracts just because they contain annoying procedural clauses which consumers simply dislike. It will only do so [to reiterate] - if the terms are grossly unfair etc.

Rest easy with your pseudo-law

dahamsta

Wow, underlines, you must be a lawyer.

The OP asked:

if I had declined to give my card details, could Apple have declined my warranty replacement

The answer is "no they can't", because it would be a breach of consumer law. They can refuse to ship the replacement until the faulty part is received, and even tested, but that's not the question that was asked.

Now, who's the one making crap up?

adam

Rhonda9000

dahamsta wrote:

Now, who's the one making crap up?
adam

Nearly a lawyer, not there yet pet. Does it matter? In answering your question above, I hold that you are [the one making up crap]. Was there a need to deflect attention by suddenly changing the context of the question - squirming - banging on about what the OP asked originally??

To clarify, I spotted misinformation in a reply regarding the semantics contractual terms and conditions. I corrected it. You came back with more misinformation about "beating terms and conditions" again so I re-iterated what the position is. You proceed to suddenly switch tack back to another part of the OPs question, forgetting all about the terms and conditions part you were happy to talk about earlier.

Relax, sometimes there are other answers.

Gillo

Relax folk's!!!

Basically, as stated before, Apple take your credit card details as insurance, they are sending you are replacement battery on the basis that you will send the original back to them, I've seen the same thing happen with Ipod Shuffles. Assuming you are going to send back the original battery, you won't have anything to worry about.

I have heard of a number of people, who as part of the battery replacement pro gramme on Power Books got a replacement battery sent out and never bothered to return the original battery, at a massive cost to Apple (Apple would not have been able to get a credit from the battery manufacturer). At least this way they can ensure that they do not lose money on the replacement battery.

My advice (from dealing as a reseller for Apple) is to keep complaining and every so often as to speak to someone who can sort the problem eventually you should get escalated to someone in Cork. Not to sound racist but in my experience they generally are a lot more helpful.

Alternatively try they guys.

dahamsta

Rhonda9000 wrote:

Nearly a lawyer, not there yet pet.

Obviously.

Try reading my post. Here, I'll quote the relevant section for you, so you don't have to tax your brain too much:

dahamsta wrote:

Apple [...] probably believe their own guff that terms and conditions can take precedent over law

That is and was my statement, in a nutshell but also in it's totality. So who's taking things out of context here? :rolleyes:

Back to the books darling, you've a long way to go yet. Here's a tip for you: Keep the smart mouth to a minimum when you're in front of judges. They don't like that at all.

adam

Rhonda9000

dahamsta wrote:

Obviously.

Try reading my post. Here, I'll quote the relevant section for you, so you don't have to tax your brain too much:

That is and was my statement, in a nutshell but also in it's totality. So who's taking things out of context here? :rolleyes:

Back to the books darling, you've a long way to go yet. Here's a tip for you: Keep the smart mouth to a minimum when you're in front of judges. They don't like that at all.

adam

Still fighting for your lame ass dud info huh...

"also in it's totality" - you forgot the crucial bit which was "they can't". [They can rely on their terms and conditions in this case].

Will be sticking to the books, dont worry - more reliable than the likes of you Judges aren't keen on "my opinion as law" brigadiers at all, so you better just stick to misinforming people on forums and stay away from them "in totality".

dahamsta

Jesus, what age are you, ten?

Rhonda9000

dahamsta wrote:

Jesus, what age are you, ten?

I dont know I forget You're good at making stuff up why dont you tell us

dub45

Slightly deviating but not too far how can anyone say don't worry when credit card details are held by a third party? When you give your credit card details or bank account details to a company or business there are no guarantees given about how such information is stored, who has access to them etc etc. When if ever are credit card or bank account details deleted from a company's database?

And as for the person who said don't worry you wont be charged:rolleyes: Just read the bb forum for any length of time to see how Companies abuse the direct debit and credit card systems.

An example from a post from yesterday:

http://www.boards.ie/vbulletin/showpost.php?p=53790848&postcount=103http://www.boards.ie/vbulletin/showpost.php?p=53790848&postcount=103http://www.boards.ie/vbulletin/showpost.php?p=53790848&postcount=103

Elsewhere people are concerned about Apple not being too worried about identity theft:

http://www.informationweek.com/news/showArticle.jhtml?articleID=201311228

and dont forget this type of thing:

http://www.itweek.co.uk/computing/news/2186877/retailer-tk-maxx-hackers-stolehttp://www.itweek.co.uk/computing/news/2186877/retailer-tk-maxx-hackers-stole

Iomega Man

Just after ordering a replacement battery for my MBP from apple.
HAD to give my CC details.
ONLY exception would be to get the battery through an authorised reseller.
Come on,I'm in Mullingar...we're still celebrating the rural electricfication scheme!!!
Apple store/reseller...not in this century.