2023-12-19 19:44:02
And juice Leopoldina Fernandesfrom the 1st Civil Court of Eusébio (CE), ordered that the Apple replace one MacBook Pro defective by another, even following the end of the warranty, and who pays R$3,400 for material damage e R$2 thousand for moral damages to a consumer.
The case involves a consumer from Ceará who purchased the laptop in September 2017, through Mercado Livre, for R$11 mil — the Mac, it is worth mentioning, came from the United States. Although it still had ten months of warranty, the buyer faced some problems.
According to the plaintiffan external HDD connected to the MacBook burned out following a short period of use, followed by a monitor, which failed following three months of use and repeated the problem three times before the laptop’s warranty ended.
In August 2018, horizontal lines appeared on the MacBook screen and, upon seeking assistance, the consumer was informed that the warranty had ended. To repair it, R$3,500 was charged, paid by the plaintiff.
The consumer also pointed out that, in January 2020, Apple carried out a recall for devices of the same model and year as its MacBook — highlighting the existence of recurring problems.
At a hearing, Apple claimed that the defects arose following the end of the warranties, both legal and offered by the company, highlighting that the complaints arose following a long period of use. She also argued that there was no defect in the product and stated that she had not refused to provide the service, only charged for the necessary repairs.
The judge, however, rejected the arguments, highlighting the lack of justification for not carrying out repairs outside of the warranty. She emphasized the absence of evidence of misuse by the consumer and ordered the replacement of the defective product with a functional one within 15 days, in addition to the refund of R$3.425 for the repair service.
Upon finalizing her decision, the judge set the compensation for moral damages at R$2,000, reinforcing legal support for consumers even in cases of products purchased outside the country, but sold and with technical assistance in Brazil. Apple’s warranty is international — that is, no matter where you buy your device, it will continue to be covered in Brazil.
The lawyers Frederico Cortez e Erivelto Gonçalveswho represented Maçã’s client, expressed that the decision reinforces the rights of Brazilian consumers over imported products, also having repercussions in international jurisdictions.
O MacMagazine contacted Apple Brasil and the company said it would not comment on the court decision.
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