It is neither for all the reasons outlined above. Further to being unfair, the ACCC outlines categories of conditions which are unfair. A consumer believing they should get a better deal with a free offer isn’t one…
I will be interested to see if they mislead you by stating something different to the terms and conditions associated with the offer. Apple has been caught out in the past of its staff misleading consumers at their stores in relation to one’s consumer guarantees under the ACL. If they provide information contrary to their T&C’s to try and get a sale, a complaint should be lodged with the ACCC.
Has anyone ever brought a apple product online? I just purchased an iPad and Pencil and I was stunned to find my product was being shipped from China, and to top it off it was advertised that I was to receive a 7 day complimentary Apple Care+, however it never stated that it starts on day of purchase and will expire before the product even arrives at my door.
How is the right? Has anyone had any problems with this?
Welcome to the community. You are not the only one who finds this situation ironic.
As @mark_m indicated in his post above, there is already a discussion about this very topic, so I have moved your post there. If you would care to read the preceding discussion, it would likely answer your question(s).
As previously discussed it’s potentially misleading and deceptive. Not everyone agrees, and there are arguments to say Apple is only doing what it says in it’s T&C’s. From Apple’s Australian ordering page, the “learn more” option declares the following.
The pop up is quite clear that if one purchases AppleCare+ it begins on the purchase date.
For the Complimentary offer there is no mention of any commencement date on the main page or on the “learn more” pop up. There is no asterisk or further link to clarify when in the single relevant paragraph. It’s understandable why any reasonable person would have the expectation @Jaxx85 has related, and not be aware Apple see things differently.
Apple could add a foot note to the offer in the pop up or on the marketing material on the main web page to advise if delivery takes longer than 7 days the Complimentary offer will expire before you receive your device. Apple does not. Hence a further compelling argument that the average consumer would expect the 7days to commence from receipt. It’s worth noting that per the ACCC if Apple fails to deliver your product or do so in a reasonable time, the purchaser is entitled to remedy by the supplier.
Apple has been taken to task previously by the ACCC. However unless it receives multiple complaints about this issue it is unlikely to respond. Only the ACCC can determine whether the T&C’s of Apple’s Complimentary offer requires clarifying more prominently in their marketing. Or is indeed misleading consumers and delivers a greater penalty?
The complimentary coverage for my online purchases have started on the days the products shipped, not the date of purchase. From my experience, a buyer gets an email advising that the 7 day coverage has commenced at the same time as the shipping advice is sent.
