Apple "invisible" or difficult to escape the investigation and maintenance of King

After the Consumers Association of China, jointly with Beijing, Tianjin and other six provinces and cities, issued a “commentary opinion” on unfair contractual terms in Apple’s maintenance contracts, the local consumer association will take the lead in The repairer punished. As of this writing, Apple has not made any public response to this matter.

"Daily Economic News" reporter learned yesterday from Jiangsu Association of Consumers Association that the association is closely linked with the Jiangsu Provincial Administration for Industry and Commerce. If there is no further statement from Apple, it will impose an administrative penalty on the apple repair shop in the province, investigate and deal with or from the next Week starts. Yesterday (June 20th), relevant parties of the China Consumers Association also stated that they would follow up and pay attention to the development of the Apple Incident and promote the resolution of the issue. If Apple continues to be "hard", it will be difficult to avoid a nationwide investigation.

Jiangsu province was the first to check the maintenance company's comments on Apple's maintenance terms. Chen Jian, deputy director of the Legal and Theoretical Research Department of the China Consumers Association, briefed the Daily Economic News reporter on the history of the review yesterday.

She said that this review was made in conjunction with the special action of the State Administration for Industry and Commerce to “renovate the use of personal terms of the contract against consumers’ rights”, among which the Apple-related issues reflected by consumers are more prominent and typical.

In the complaints received by China Consumers Association, many consumers hope that consumer associations can prompt Apple to completely revise contract terms that are inconsistent with domestic laws. We hope that Apple will respect consumer interests and accept consumer supervision.

China Consumers Association understands that Apple's exemption from its own responsibilities, aggravated consumer responsibilities, and exclusion of consumers' major rights are more prominent in contract terms. The controversy over Apple's "overlord clause" began.

As one of the participants in this review event, Jiangsu Consumer Association has already prepared to rise to the level of administrative punishment.

“We have not received any response from Apple.” Li Xiaojuan, the deputy secretary-general of the association, told the “Daily Economic News” yesterday that next week, the association will work closely with the provincial bureau of industry and commerce, “according to us. According to the evidence currently available, the apple repair company can punish this."

Article 12 of the “Measures for the Supervision and Administration of Contract Illegal Acts” stipulates that the maximum penalty imposed by the industrial and commercial department on unfair terms is 30,000 yuan. The amount of such punishment does not seem to be large.

Li Xiaojuan said that the amount of punishment is indeed small, but it will have a great impact on the credibility of the company, "so that consumers have a clearer understanding of Apple."

“The key is that the industrial and commercial department investigates and prosecutes illegal activities in a timely manner and maintains the dignity of the law.” Zhao Occupy, chief legal advisor of the China Network Legal Network, believes that for large companies, if the penalty amount is not high, they can promptly investigate and handle the results in a timely manner. It will have a great influence on corporate image, product sales and even capital market performance.

"The China Consumers Association will earnestly fulfill the seven functions stipulated in the "Consumer Protection Act," pay attention to and follow up on the development and future of Apple Inc.'s incident and promote the solution to the problem." However, whether the association will be associated The State Administration of Industry and Commerce took action. Chen Jian, deputy director of the Legal and Theoretical Research Department of China Consumer Association, did not respond positively.

In accordance with the second function of the Consumer Association, “Participating in the supervision and inspection of goods and services by relevant government and administrative departments” and Article 3 “Reflecting, enquiring, and making recommendations to the relevant administrative departments regarding the legitimate rights and interests of consumers”. It can be seen whether or not the China Association of Consumers Association and the Ministry of Industry and Commerce in the country to carry out penalties for Apple repair operators, depends on Apple's attitude in this incident.

Why is Apple so "hard"?

Speaking of several “overlord clauses” in Apple's maintenance contract, Li Xiaojuan used the term “shopping bully”.

As the world’s largest market capitalization company, as of December 2011, Apple’s cash reserves amounted to US$ 97.6 billion. In 2012, with the support of the Chinese market, its performance continued to soar.

According to Apple's second-quarter 2012 financial report, revenue from Greater China reached a record high of US$7.9 billion, a three-fold increase from the same period last year.

"Apple's product image is well-built, and its popular electronic product concept is deeply rooted in people's hearts." Yi Yi Consulting CEO Zhang Yi said in an interview with "Daily Economic News" that Apple's "hard" comes from its strong product appeal. .

Using the traditional mobile phone giant Nokia's short board, seize the consumer's appeal on the mobile Internet, highlight the user experience, comprehensive application platform and its own products to attract consumers, but also attracted many application developers to join, to create a perfect intelligence The mobile ecosystem has become a key factor in Apple's success.

IT commentator Zhang Shule (microblogging) believes that the use of hunger marketing skillfully and tie-in cooperation with powerful Chinese operators has allowed Apple to rapidly expand its sphere of influence.

"Apple smartly built a ladder-like product architecture centered on the application platform." Zhang Shule believes that iPad, iPod, and iPhone products have different focuses. This structure makes their products far ahead of similar products in the direction of "specialization." It also complements each other to form a very integrated product system.

It is precisely because of its successful product strategy that the Chinese market has a lot of "fruit powder," and even though its pricing is much higher than similar products, followers are still rushing.

Zhang Yi believes that the advantages of channels and brands have covered Apple's pressure on consumers to perform their duties, "At least not taking Chinese consumers into view."

Apple's "hard" for a long time. Last year, Apple had been denounced by Chinese environmental protection agencies for evading responsibility for pollution in the supply chain. From the beginning of the year, environmental protection agencies raised a series of queries on related issues. By August, the media joined the report and Apple has remained unresponsive. Until this year, due to pressure from all circles, Apple released an audit report for major suppliers and promised to assume the highest standards of social responsibility in the global supply chain.

"Invisible" Apple Computer has used the application platform to recruit a large number of developers and fans. Since 2008, its application-related business has always occupied the world's top spot. However, in recent years, a large number of patent applications arising from pirated applications in the APP Store have encountered litigation difficulties. Because Apple and application developers are divided into three or seven, Apple is actually a seller. Although it is repeatedly bombarded, it is as tough as ever.

Zhao Occupied that it is very difficult for China's copyright owners to prosecute Apple now because it is a foreign-related lawsuit and the procedures are extremely complicated and costly. Apple understands that domestic rights holders are in such an awkward situation that they are never easily reconciled.

Compared to its deeply rooted products, Apple is like "stealth." Qiu Baochang, director of the Beijing Huijia Law Firm, who participated in the drafting of comments, told the Daily Economic News reporter that “Apple did not set up a subsidiary in China, but instead was sold by other companies. In this case, consumers wanted to sue Apple. It can only appeal to its US head office.In fact, this kind of foreign-related lawsuit is very difficult to fight. The indictment must be sent through many links such as the consulate authentication, and the delay will be two or three years. Individual consumers simply cannot sue it. Therefore, the illegal cost of Apple in China is very low."

Lawyer Ma Liwu, who has represented and filed a case concerning Apple's product rights protection lawsuit in Jinan, Shandong Province, told reporters that, in addition to contacting the maintenance company, communication with Apple can only be carried out through customer service, with no real effect at all. The Consumers Association of Jiangsu Province has also called the Apple Service Hotline provided on the “iPhone Repair Report.” Apple is required to give explanations on the issues related to the complaints. The answer is that there is no phone to contact the relevant department or person in charge.

Apple's official website on the "contact apple" page, the company address displayed is only "Apple Computer Company", the address is "Beijing Chaoyang District Jianguomenwai Avenue No. 1", plus zip code, no more information. The reporter called Apple's customer service as a consumer and learned that the company was only responsible for related business operations. According to customer service, consumer complaints collection and complaints were handled by the "Singapore related department."

Such a chaotic situation makes Ma Liwu quite helpless and wants to communicate face-to-face. "Who is it? It's difficult."

Zhao Occupied that there are many sales channels for Apple products in China, and there are many subjects involved in the after-sales service. Once consumers complain or sue, they will face problems of unclear subjects and confusion.

Jiang Suhua, an attorney of Beijing Yingke Law Firm, also questioned the problem of partial system within Apple when interviewed by the reporter of “Daily Economic News”. “So many subjects and individual consumers do not have the time and energy to discern”, thus setting a high level Rights threshold.

After many setbacks, Ma Liwu finally found the “target” of consumer rights protection, namely “Apple Computer Trading (Shanghai) Co., Ltd.” registered and established in Shanghai in 2001. “This company has not been publicized at all, and the official website cannot find it. ".

An insider of China Consumers Association told reporters that any company operating in China should promptly communicate with consumers to accept supervision, must fulfill corresponding responsibilities, and should ensure the smooth flow of channels.

Zhao Occupy told reporters that Apple's maintenance contract was developed by the distributor, Apple Computer Trading (Shanghai) Co., Ltd., and the maintenance station also had its authorization. He believes that if there is a dispute due to after-sales problems, according to the “three-package principle of “who is responsible for sales and sales” in the “Responsibility Provisions for Repairing and Replacing Returns of Mobile Phone Products”, although it is difficult to directly investigate Apple’s responsibility, the maintenance policy is that of Apple. The company unified formulation, the consumer can only be the object of its dealer, but the overlord clause issues still need to be resolved by Apple.

Therefore, in addition to the administrative investigation by many industrial and commercial departments, Zhao Occupied proposed that the State Administration for Industry and Commerce should take a stand on the matter and rank it as the focus of the special rectification actions of the format clauses to urge Apple and other companies to promptly correct contract violations.

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