I have no problem paying for something I have purchased. Apple insisted that I had purchased something when I knew I hadn't, either on purpose or mistakenly. Because I asked them, three or four times, to identify what it was I purchased, when I purchased it and what it was, I was given some rubbish about my daughter having mistakenly having pressed some sort of 'buy' button when she had never touched the iPad. Then finally, after it escalated up to 'Florian' from the iTunes Store/Mac App Store Customer Support, someone from Apple was able to confirm that I didn't purchase anything.
I was never offered a refund. I was told that once I settled my account I would be presented with an 'iTunes Gift Voucher' that would allow me to make a different choice of app 'or music'.
But I think it is even deeper than this. Firstly, if you are ordering on line and the goods are 'shipped' digitally one can fairly assume that the entire process is automated, right down to the deposit showing up on an Apple bank statement on a screen and in a file somewhere.
So when I go online and book an iPad service call how come, after four weeks, can someone say it is because "Upon checking your account there is a billing issue with one of your iTunes Store orders and you are unable to resume purchasing with your iTunes Store account. Unfortunately, the iTunes Store has been unable to verify an authorization from your financial institution and has not received payment for order M3NVN9HTXV."?
My iPad serial number is tied to a registration which is tied to my name, which is tied to a credit card which is tied to my name, which is tied to an iTunes account which is tied to my name, which is tied to my unique password which is tied to my name. Had I not switched credit cards in February, as Kiwibank made me an offer I couldn't refuse, I believe that I would have had even more trouble convincing these people that I had never purchased anything. This is all irrespective of the fact that I don't accept their new terms but, as Tamara has correctly identified, streets that I used to use are now blocked to me. I would never have known about the 'purchase' if I hadn't contacted them with regard to the new terms that I didn't accept.
In all honesty I think I've gone as far as I can explaining or justifying my view. You are entitled to not agree or see it differently, that's your right, and it's clearly your right to promote healthy debate on what you see as a contentious issue. I would suspect that your view might be somewhat different if you had experienced the 'help desk' responses I have experienced and had you seen the trail of emails trying to get the most basic of information out of Apple, such as what did I buy, where is your New Zealand office or representative located?.
I'll not enter into any further discussion on the matter, as I said earlier, I’ll be happy for the Disputes Tribunal to decide if I have a valid case or not. If I’m wrong there will be a cheap iPad for sale and if I’m right Apple will have a cheap iPad for sale.
Thanks for allowing me the opportunity to respond - it was appreciated.
The apps installed on my iPad currently show that there are 11 updates wanting to be installed. I cannot install them without accepting iTunes new terms and conditions. Similarly there is an updated operating system that addresses bugs, Safari, Photos and other items that I cannot access without accepting the new terms and conditions.
Some software, most notably the NZ Herald app, is no longer fully functioning because the update cannot be installed without me accepting iTunes terms and conditions.
I can't answer for Chris Barton on this as the iPad has functionality, just not full or optimum functionality.
Aside from this, my problem is based on changing terms and conditions. I was prepared to accept the terms when I purchased the iPad, I was not prepared to accept changed terms less than five months later. I believe I should be able to operate the iPad on the same basis of the terms I originally accepted and that service should not be reduced or declined because of my unwillingness to accept new terms.
My view was summed up quite nicely by one person who commented on the NZ Herald site when they said;
"..imagine if the manufacturer of your car disabled it unless you agreed for them to track you with the satnav?"
I'm not trying to convince you or anyone else for that matter, that they are evil or malicious, but I do have trouble with their ambivalence to what my 'moral compass' says is a fair and reasonable expectation. I think the question has been asked and readers will make their own determination based on what they take out of the discussion that followed.
Have you never felt aggrieved by the action of some entity that appears to be taking your custom for granted?
Yes it applies to the 'cheapie' fares.
Computers make mistakes! That's a new one! So who placed order number M3NVN9HTXV?
An online service that will let you use the ‘cooling-off’ rule is Air New Zealand. But again, this isn’t the point in my view. Similarly, If I have made a purchase I would expect to pay for it. When I first sought assistance from Apple with regard to the functionality of my iPad I was accused by Apple of having made a purchase as per the following;
“Thank you for contacting iTunes Store support. My name is Nel and I’ll be glad to help you with your concern today.
I understand that your child accidentally purchased some items from the iTunes store. I know how this would be a frustrating situation and provide as much information that you’ll need.
Upon checking your account there is a billing issue with one of your iTunes Store orders and you are unable to resume purchasing with your iTunes Store account. Unfortunately, the iTunes Store has been unable to verify an authorization from your financial institution and has not received payment for order M3NVN9HTXV. As soon as this order is paid for, we will issue your account a refund for the accidental purchase and you’ll be able to resume purchasing with your iTunes Store account.”
I pointed out that my ‘child’ was 34 years old and unlikely to have even touched the iPad let alone purchased something. She would never have figured out my password.
I was then, after numerous emails, advised by Florian:
“For the advisor who made a mistake and thought you have some purchases on your account. I can only apologize for this circumstances but we are all doing mistakes and we were able to confirm here that you didn´t purchase anything except of downloading free Apps.”
I’ll happily send you the trail of e-mails so as you can judge for yourself the frustration of dealing with Apple.
A lot of what is being said is a bit above me I'm afraid. I know a bit about computers but I'm not a 'techy'. I guess there's always going to be two camps on the Apple subject. I'm not an Apple 'hater' and I really was looking forward to what others had led me to believe was a step forward in mobile computing. It's not about the credit card either. I would just like the service I agreed to when I accepted their terms in late December. I followed all their prompts and instructions when I first turned the device on. I know nothing about being able to use iTunes without inputting the credit card details and I know less about how I make it update without accepting the new terms and conditions. And as for the 'cool' trend, I'm afraid the term 'cool' is just an indication of a temperature range when you are my age.
One chap stated that it doesn't stop the iPad working if you don't accept the new terms. This isn't correct and the NZ Herald app would be a good case in point. I cannot see any of the video in the NZ Herald app because I can't download the app update without accepting the terms I find unpalatable, hence I miss out on a reasonable amount of news.
Another aspect which I believe tramples all over the consumers right is that we have some sort of legislation that allows you to 'change your mind' during a short period after entering into a contract. It doesn't appear to be acknowledged or actionable within the Apple kingdom even if you do mistakenly download an app that charges a subscription after a trial period. I can't comment on whether or not there's fair warning or pop-up screens asking you to confirm that you understand the rules of download or trialling an app because Apple has stopped me from being able to do these things.
The idea of anyone being able to 'help them selves' from my credit card because I clicked 'agree' doesn't seem like a 'natural' justice to me.
At the end of the day I'll be happy for the Disputes Tribunal to decide if I have a valid case or not. If I'm wrong there will be a cheap iPad for sale and if I'm right Apple will have a cheap iPad for sale. I don't hate the iPad or Apple but I do have a problem with their terms and the way that they administer them.