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French students in Beijing and Shanghai are suing Apple for not giving away iPhone 12/Pro chargers

via:IT之家     time:2021/10/26 14:14:54     readed:95

IT's home on October 26, according to the legal system reported in Shanghai, recently, because of the new apple products are no longer present adapter charger, students from Beijing university of chemical industry, donghua university team will apple to court, they delivery request apple mobile phone charger, and shall assume the liability for breach of contract, pay to buy the adapter separately. It is reported that the case has been opened in September this year, the court, the defendant and both sides of the evidence cross-examination link, at present, the case is still supplementing evidence and written materials stage.

Starting with the iPhone 12 series, Apple came with only the phone and a USB-C cable in the box, and no power adapters or headphones. For this, The explanation given by Apple is for environmental protection. Apple sees this as a way to reduce carbon emissions and avoid mining and using rare materials. And without headphones and chargers, packaging can be smaller and lighter, improving logistics and reducing carbon emissions.

But many consumers have fallen victim to Apple's move, and Fang is one of them. She bought an iPhone 12 Pro Max and took legal action after finding that the phone was not equipped with a charging device. "Mobile phone purchases should be equipped with a charger, based on the shift from object to object and social transaction habits." A team of college students in Beijing and Shanghai was formed to defend the legal interests of both individuals and Apple's customers.

In May 2021, Fang and her team members applied to the People's Court of Dongcheng District, Beijing, where Apple Electronics Commerce (Beijing) Co., Ltd. is located. Petitioning apple to deliver phone chargers; Assume the liability for breach of contract, pay liquidated damages of 100 yuan and bear the litigation costs.

First, Apple's representative believes that the full package of the iPhone 12 Pro Max, which does not include a charger and has a USB-C to Lightning cable, should be made clear on the iPhone 12 Pro Max box. Therefore, the power adapter is not included in the contract of purchase. "Apple's hints on power design lack salience." Fang compared the description of power supply design on the packing box of Apple mobile phone with the product advertisement. The contrast of text style and size is very obvious.

Then, apple's agent presented a proposal from the Ministry of Industry and Information Technology to guide consumers, distributors and manufacturers to change their attitudes and promote the separation of mobile phones and power adapters. This seems to prove that separate sales are sanctioned and promoted by the relevant state authorities. But Fang made it clear that the proposal itself was "about unifying the plug and port between mobile phones and chargers". It is difficult to sell mobile phones and chargers separately on the premise that the connection plug and port between mobile phones and chargers cannot be widely unified.

It is worth noting that, unlike most mobile phone manufacturers, Apple Has never used universal USB port for charging on its mobile phone side, and has adopted a special Lightning port. The usB-A port is always connected to the power adapter side of the phone, but it has been changed to USB-C port since the iPhone 12 series. Completely different from other charging products on the market, it cannot be used interchangeably between different mobile phones and chargers.

Apple's agent, points out that in the product of "power and battery" notes, apple clear consumers can use the USB connection to a computer or power adapter to charge, "from the web pages don't know how to connect a computer or what kind of power adapter to charge, also don't know can realize quick charge function to the computer via a USB connection. Additionally, customers can't charge their batteries using a USB-C-to-lightning cable to an existing Apple power adapter, as Apple claims." Fang also refuted the claim.

In addition, Apple representatives argue that split sales are common in mobile phone sales. But in fact, until the iPhone 12 series came out, every major phone manufacturer on the market had a charger. Moreover, After searching, Fang found that Xiaomi and Meizu offer three packages for consumers to choose from when selling their mobile phone products: one with charger, one without charger, and one with phone charger and headset. The prices of the three packages are different, giving consumers the right to make their own choices. This is a clear difference from Apple's separate sales.

"Green" is also a phrase apple's representatives keep repeating. But is the absence of a charger an environmental concern or a way to expand profit margins?

Apple is touting the MagSafe wireless charger below the iPhone12's sales screen. In Fang's opinion, this is the hard evidence of Apple's "double face". "Apple is selling its new product MagSafe as an environmental gimmick." Wireless charging is the least efficient charging method. In promoting wireless charging, Apple puts the utility of wireless charging ahead of the environmental value; Instead of coming with a power adapter, the utility of the charger is put behind the environmental value. Therefore, Fang believes that Apple's action is just to increase profits by reducing the necessary accessories for consumers under the pretext of environmental protection.

"According to relevant provisions of the civil code, information on apple's website is a standard term, the defendant cannot be a reason to refuse to deliver the power test instruments, the company in the process of selling mobile phone fraud behavior, we can't like apple's official website, such as, using existing power adapter to charge, can neither match, cannot normal use quick charge function." At the end of the trial, Fang stated. At present, the case is still in the stage of supplementing evidence and written materials.

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