Why is Apple so arrogant?

On the evening of March 29, the Chinese Consumers Association solemnly advised Apple on its website to “respect the legitimate rights and interests of consumers, completely correct existing problems, and sincerely apologize to Chinese consumers.”

This is the reason why China Consumers Association issued an affair for Apple Inc. after it was exposed on the 3.15 Consumer Rights Day this year, to avoid ignorance, to reduce and evade its own responsibility, and not to really provide high-standard services to Chinese consumers.

What happened to Apple?

On the “3·15” consumer rights protection day this year, China Consumers Association announced to the whole society the complaints about Apple products in the Chinese market in the previous year. According to incomplete statistics, in 2012, the consumer associations across the country accepted 2,170 complaints from Apple products, of which 25.6% were related to after-sales services, which was 7 percentage points higher than the industry average. These complaints are highlighted by the existence of replacement of mandatory old parts at some dealers or service points, unauthorized replacement of good parts, failure to detect maintenance, long delays in repairs, and other issues.

This exposure is not the first time for Apple products. In early 2012, some local consumer advocacy organizations received complaints from consumers one after another, claiming that there are unfair and unreasonable contractual terms in Apple’s “Maintenance Terms” and “iPhone Repair Reports” formulated by Apple, and consumers are using Apple’s iPhone and iPad. When the quality problems of iPod, iPod, and other products were repaired, it was difficult to resolve consumer disputes and infringed the legitimate rights and interests of consumers.

In view of this, China Consumers Association in June 2012 jointly with Beijing, Tianjin, Shanghai, Chongqing, Jiangsu, Shandong and other six provinces and cities Consumer Association released "Apple maintenance contract unfair terms clause comments" pointed out Apple's five major issues in terms of maintenance. At the same time, China Consumers Association communicated with Apple and submitted a letter of exhortation, clearly proposing to amend the terms of the assessment as soon as possible. After Apple changed the revised "Apple Maintenance Terms and Conditions" on its official website.

However, the experts found that although the revised "Apple Maintenance Terms and Conditions" had some changes to the contents of the first comment, they did not address and correct most of the issues involved in the review and modified the "Apple." There are still two problems in the terms and conditions of maintenance. First, the content of some articles violates the law, and the second is that some of the provisions are unclear that may damage the rights and interests of consumers.

In August 2012, China Consumers Association jointly with local consumer rights organizations jointly issued "review of unfair terms of the Apple maintenance contract." After more than half a year of the second comment on the Apple products released by China Consumers Association, Apple has not officially responded to this issue. Most of the issues reviewed have not been corrected, and the damage to consumer rights continues.

Why is Apple so arrogant?

On the “3·15” Consumer Rights Protection Day this year, China Consumers Association and related news organizations once again focused on Apple's complaints last year and other issues that were suspected of discriminating against Chinese consumers. In response, Apple issued a statement of less than 200 words saying that Apple is committed to producing world-class products and providing an unparalleled user experience for consumers in its market. The team has always striven to exceed the expectations of consumers and attaches great importance to the opinions and suggestions of each consumer.

This is considered by consumers as "a statement that does not reveal a hint of apology." It is referred to by netizens as "a classic example of an official reply."

So why is Apple so arrogant in front of Chinese consumers?

According to the analysis of relevant experts, Apple has an advantage in the field of smartphones in terms of technology. The products it has developed have broken through the past in terms of ideas, and the products are novel and unique, attracting consumers' attention. With leading technology, it has formed a monopoly advantage to some extent. Therefore, the right to speak is tough.

In the market, Apple adopts a hunger marketing policy. On the one hand, Apple continues to release new products. On the one hand, it is not in sync with the global market, and it is available for a certain period of time. With its tight market, it promotes consumer enthusiasm. As a result, a large number of "fruit powders" that chase fashion are cultivated in China. As consumers flock to the market, the product is not sold out, making it full of confidence.

In terms of maintenance, Apple's practice of repairing the whole exterior of the back cover has broken through the previous maintenance model, which has made it challenging to implement the “Three Guarantees” system in China for many years. Including maintenance and use of parts, the definition of overall maintenance and replacement, etc., deliberately circumvented Chinese laws and regulations, making it full of domineering in the face of doubt. These need to be supplemented by legislation.

To arrogantly say "No" to Apple

In the evening of the 29th, China Consumers Association issued a reprimand to believe that the content of Apple's warranty policy in China is inconsistent with Chinese law and there is a certain gap between its service standards in other countries and regions. In this regard, it includes four guarantees, including guaranteeing the “three guarantees” time limit, eliminating discrimination against Chinese consumers, guaranteeing consumers’ right to know, choice, and respecting consumer property rights.

Prof. Su Peng of the Law School of the University of International Business and Economics proposed that respecting and caring for consumers is both a statutory duty of the operator and a social responsibility of the operator. Operators cannot use their dominant position in the market to harm consumer interests. There are many unfair and unreasonable aspects in the format clause provided by Apple, which has violated the legitimate rights and interests of consumers.

Some consumers believe that the current apology of Apple’s post-sales in the Chinese market is not enough.

“The law is a code of conduct, and it is a weapon for deterrence and punishment.” According to lawyer Wang Huijuan of Beijing Hualian Law Firm, the maximum amount of administrative fines for appliance repair violations in the existing legal system is only 30,000, which is not sufficient The role of deterrence and punishment is recommended to increase penalties. Jiang Suhua, an attorney with Beijing Yingke Law Firm, also proposed to increase the illegal responsibilities and costs of offenders.

A number of other experts suggested that products with imperfect service systems should be restricted from being introduced. China is the second largest market for Apple's sales, but its complaints-solving department is based in Singapore. For such products, it should be "banned from entering the country."

More consumers are hoping to boost the research and development of relevant domestic independent brands and resolve the plight of Apple's dominance and lack of consumer alternatives. At the same time, it calls for the Consumers Association to be able to negotiate and play more powerfully on behalf of consumers and businesses.