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The Competition and Market Authority (AGCM) has fined Apple 10 million euros for two different commercial practices considered unfair. The first refers to the announcements of some iPhone models (iPhone 8, iPhone 8 Plus, iPhone XR, iPhone XS, iPhone XS Max, iPhone 11, iPhone 11 pro and iPhone 11 pro Max) in which the company emphasized the resistance to water, for a maximum depth that varies between one and four meters, depending on the model, and for 30 minutes.
However, according to AGCM, this resistance was not guaranteed under normal conditions of use, but only “in the presence of specific conditions, for example, during specific and controlled laboratory tests with pure and static water”. In addition, the authority considered that the company’s liability exemption for damages caused by liquids was misleading to consumers, along with the advertising hype of water resistance.
Furthermore, according to the authority, it is also part of an aggressive commercial practice to have refused to provide warranty assistance when those iPhone models were damaged due to the introduction of water or other liquids, “which hindered the exercise of their rights. it recognizes the law in matters of guarantee, which is the Consumer Code ”.
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