Per Editor: Du Yu
The related topic of "law students suing Apple" rushed to the top of the hot search, causing concern.
According to the Shanghai Rule of Law News, a law student at Beijing University of Chemical Technology purchased an iPhone12 ProMax mobile phone, and after finding that the mobile phone was not equipped with the corresponding charging equipment, he chose to use legal means to protect his rights and interests. "According to the habit of transferring from the object to the main thing and social trading, the purchase of a mobile phone should be equipped with a charger."
Image source: Shanghai Rule of Law Daily
Students from Beijing University of Chemical Technology and Donghua University teamed up to take Apple to court, and in May 2021, Fang and his group members filed an application for filing a case with the Dongcheng District People's Court of Beijing, where Apple Electronics Trading (Beijing) Co., Ltd. is located. Requested that Apple be ordered to deliver the mobile phone charger; bear the liability for breach of contract, pay a liquidated damages of 100 yuan and bear the litigation costs.
Image source: Apple's official website
In September this year, the case was heard in accordance with ordinary procedures on the online trial site of the Beijing Internet Court's electronic litigation platform, and the trial lasted for 2 hours.
"Apple has a serious violation of the legitimate rights and interests of consumers, most consumers and even Apple employees are equally puzzled and resentful of this, but most people have become a silent majority." Recently, in the "Small Town Cup" Public Welfare Star Creative Litigation Competition, Fang Fang, a law student of Beijing University of Chemical Technology, said with sonorous and powerful words.
Starting with the iPhone 12 series, Apple's mobile phones only have mobile phones and a USB-C adapter cable in the product packaging box, and are no longer equipped with power adapters and headphones. In this regard, the explanation given by Apple is for environmental protection considerations. In Apple's view, this move can reduce carbon emissions and avoid mining rare materials. And without headphones and chargers, the outer packaging can be smaller and lighter, improving logistics efficiency and reducing carbon emissions.
But many consumers have fallen victim to Apple's move, and Fang is one of them. She bought the iPhone 12 Pro Max mobile phone, and after finding that the mobile phone was not equipped with the corresponding charging equipment, she chose to use legal means to protect her rights and interests. "According to the habit of transferring from the object to the main thing and social trading, the purchase of a mobile phone should be equipped with a charger."
Apple agents believe that on the box of the iPhone 12 pro Max, the complete package content of the iPhone 12 pro Max is clear, that is, it does not contain a charger and is equipped with a usb-c to lightning cable. Therefore, the contract of sale and purchase of the parties does not include a power adapter. "Apple's hints on power supply design lack of significance." Fang compared the instructions and product advertisements for the power supply design on the Apple mobile phone box, and the text style size comparison was very obvious.
Subsequently, Apple's agents came up with a proposal from the Ministry of Industry and Information Technology on guiding consumers, sales companies, and production enterprises to change their concepts and promote the separation of mobile phones and power adapters. This seems to prove that the separation of sales is recognized and promoted by the relevant state departments. However, Fang clearly pointed out that the proposal itself is "a proposal on unifying the connection plug and port between the mobile phone and the charger". Under the premise that the connection plug and port between the mobile phone and the charger cannot be widely unified, it is difficult to realize the separate sales of the mobile phone and the charger.
Image source: Photo.com -500000422
It is worth noting that Apple, unlike most mobile phone manufacturers, has never used a Micro USB interface on the mobile phone side charging interface and has always been a unique lightning interface (lightning interface); its mobile phone products are connected to the power adapter side, which is always a USB-A interface, which has become a USB-C interface since the iPhone 12 series. Completely different from other charging products on the market, it is impossible to achieve interchangeable use between different models of mobile phones and chargers.
Apple agent pointed out that in the product's "power and battery" description, Apple made it clear that consumers can use USB connection to the computer or power adapter to charge, "from this web page can not know what kind of computer or power adapter needs to be connected to charge, nor can it know whether the fast charge function can be achieved by connecting to the computer through USB." In addition, consumers cannot use the USB-C to Lightning cable to connect to the original Apple power adapter for charging as Apple advertises. Fang also refuted this statement.
In addition, Apple agents believe that separate sales are a common situation in mobile phone sales. But in fact, before the iPhone 12 series was listed, the mainstream mobile phone manufacturers on the market were equipped with chargers. Not only that, after searching, Fang found that Xiaomi, Meizu, etc. provided 3 packages for consumers to choose when selling their mobile phone products, including chargers, without chargers, including mobile phone chargers and headphones, the prices of the three packages were different, giving consumers the right to choose independently. This is a clear difference from Apple's separate sales.
"Environmental protection" is also a term repeatedly mentioned by Apple's agents. But is it for environmental reasons to not have a charger, or is it to expand profit margins?
First, Apple advertised the MagSafe wireless charger below the iPhone12's sales interface. In the eyes of Fang Students, this is ironclad evidence of Apple's "two-faced person". "Apple is simply using environmental gimmicks to sell its new product, MagSafe." Wireless charging is the charging method with the lowest conversion efficiency. Apple vigorously promotes wireless charging, which is to put the practical value of wireless charging before the environmental value; instead of attaching a power adapter, it is to put the practical value of the charger after the environmental value. Therefore, Fang believes that Apple's behavior is only to increase corporate profits by reducing the necessary use of accessories by consumers in the name of environmental protection.
"According to the relevant provisions of the Civil Code, the graphic information on Apple's official website is a standard term, the defendant cannot refuse to deliver the power trial device on this grounds, Apple has fraudulent behavior in the process of selling mobile phones, we can not use the existing power adapter to charge as stated on Apple's official website, neither matching nor normal use of the fast charging function." At the end of the trial, Mr. Fang stated. At present, the case is still in the stage of supplementary evidence and written materials.
For this matter! "They are the pillars of the country", netizens have praised! Some netizens said: "It is really ridiculous, spend thousands of dollars to give you a line."
Some netizens said: "Apple and other products are not a unified port!" Not universal! It is monopoly sales! The netizen pointed out that headphones and chargers are necessary accessories.
Most netizens said: "Hope to win the case"!
Daily Economic News Integrated Shanghai Rule of Law News, Sina Weibo
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