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fa8362

macrumors 68000
Jul 7, 2008
1,571
498
Lawyer up and threaten to sue the pants off them. Seriously: if it’s lost then someone else could have your personal data in their hands due to apple’s gross negligence. That’s a huge liability for them. Get your lawyer to hold their feet to the fire — with a company that has as deep pockets as Apple you can practically name your price for the settlement.
Don't be silly. The terms of service explicitly states that Apple aren't liable for anything on his computer.
 

GoztepeEge

macrumors 6502
Original poster
Nov 21, 2015
267
185
Munich, Germany
Lawyer up and threaten to sue the pants off them. Seriously: if it’s lost then someone else could have your personal data in their hands due to apple’s gross negligence. That’s a huge liability for them. Get your lawyer to hold their feet to the fire — with a company that has as deep pockets as Apple you can practically name your price for the settlement.
This might be an option for sure, however for now I am a bit optimistic, trying to find an optimal solution for both sides. In addition I have no lawyer here in Germany.

But of course if they deny helping me, things must get harder. In that case I will need a lawyer I guess.
For now I am just pushing them personally and waiting a nice compensation or solution from them, if my computer is really lost.
 
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ptfuzi

macrumors regular
Jan 9, 2019
147
33
Lawyer up and threaten to sue the pants off them. Seriously: if it’s lost then someone else could have your personal data in their hands due to apple’s gross negligence. That’s a huge liability for them. Get your lawyer to hold their feet to the fire — with a company that has as deep pockets as Apple you can practically name your price for the settlement.
I am pretty sure that you should back up your personal data before turning in the mac for repair
 

skaertus

macrumors 601
Feb 23, 2009
4,259
1,412
Brazil
You only deserve a used 2015. That's what was lost. Legally, they could just pay you what the 2015 is worth, which isn't much.
Legally, I am not sure. An Apple Store in Munich lost the laptop. German law applies to the situation, and I would not be able to answer how the BGB, or another piece of legislation, would regulate that.
 

KaliYoni

macrumors 68000
Feb 19, 2016
1,795
3,947
If this is the case, they were going to give me a new MBP, they said.
I don't think there is anything wrong with asking Apple to provide you with whatever computer you think you deserve. Apple can always simply say "no" if it does not want to go beyond its initial offer.

Also, if you're interested in a systematic approach to negotiations, this is a widely used book in MBA programs in the USA:

(I think this is the German edition)
 

skaertus

macrumors 601
Feb 23, 2009
4,259
1,412
Brazil
Actually I am not planning to request a max-hardwared MBP, as I think I do not deserve it in this case. I am actually trying to understand the Apple as well, as maybe this is not their bad, because the UPS lost the PC, as they stated.
So in this case, I am okay if they give me a base model 13" 2020 or 14" 2021 MBP, because my own Early 2015 13" was also the base model at that time.

However I extremely agree your statement, I left valuable information inside like all my research documents, photos, personal infos, contacts etc. I have already my BackUp, but this is not the point I am mentioning. Whoever has stolen the MBP can obtain these info, hence I am really upset mad at Apple in fact. It is really embarassing for them.
Well, you left the laptop at Apple Store. Apple chose UPS to deliver the laptop back to you, as I understand. You have nothing to do with the Apple-UPS relationship. When Apple chose another company to do it, it assumed all the risks associated with such a company's activity.

Apple should compensate it for you. They can try to send you a similar model, but, legal aspects aside, that is not the best way to treat customers, as this is the bare minimum that they could do. Apple should give you some sort of "gift" for all the inconvenience they caused. Giving you a maxed-out MacBook Pro would be a good way to transform this awkward and unpleasant situation into a great customer experience.
 

sarakn

macrumors 6502a
Feb 8, 2013
765
46
Maybe that's a good thing. Assuming you have everything backed up using TimeMachine, you'll probably get a brand new laptop.
In late 2016, i took my 2013(Haswell) MBP for repair. Battery area was really hot and they could not repair it after 2 attempts. They replaced my MBP and gave me a similarly spec'ed out model. This was early 2017. I still have that laptop and awaiting my new MBP.

Hopefully you get similar service. :D:D
 
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sarakn

macrumors 6502a
Feb 8, 2013
765
46
Lawyer up and threaten to sue the pants off them. Seriously: if it’s lost then someone else could have your personal data in their hands due to apple’s gross negligence. That’s a huge liability for them. Get your lawyer to hold their feet to the fire — with a company that has as deep pockets as Apple you can practically name your price for the settlement.

OP is in Germany. Even in the US, he will not need to do any of that because Apple has impeccable service. Do you even own an apple product or have you dealt with their customer service? Your response leads me to believe you may not have even visited the Genius bar.
 

GoztepeEge

macrumors 6502
Original poster
Nov 21, 2015
267
185
Munich, Germany
Well, you left the laptop at Apple Store. Apple chose UPS to deliver the laptop back to you, as I understand. You have nothing to do with the Apple-UPS relationship. When Apple chose another company to do it, it assumed all the risks associated with such a company's activity.

Apple should compensate it for you. They can try to send you a similar model, but, legal aspects aside, that is not the best way to treat customers, as this is the bare minimum that they could do. Apple should give you some sort of "gift" for all the inconvenience they caused. Giving you a maxed-out MacBook Pro would be a good way to transform this awkward and unpleasant situation into a great customer experience.
Thanks for your comments and ideas, I have the similar ideas as well, but at least I am okay if they give me a new model as compensation. I do not want to be a trouble for them, I accept the situation right now, but they must resolve it with a compensation, definitely.

By the way you got one thing wrong, Apple did not deliver my laptop to me. We are not at this step.
I left the MBP at the Apple Store on 02.12.2021, they gave me a tracking number for the repair status, I have been tracking it, it shows "the device soon be shipped to the repair center". So it means that my device is lost during the way from the Apple Store to the repair center in Czech Republic. We are at this step right now.
Maybe that's a good thing. Assuming you have everything backed up using TimeMachine, you'll probably get a brand new laptop.
In late 2016, i took my 2013(Haswell) MBP for repair. Battery area was really hot and they could not repair it after 2 attempts. They replaced my MBP and gave me a similarly spec'ed out model. This was early 2017. I still have that laptop and awaiting my new MBP.

Hopefully you get similar service. :D:D
I would like to get the same service as well, but I am so nervous because I do not know when the replacement happens and how many days more I have to wait. I am about to fail my courses at the university and this lost computer problem has affected my entire job-education relationship negatively. It needs to be resolved asap, hence I am nervous.

A computer sent for service is not expected to contain anything personal. All of it should have been removed and anything of importance backed up.
If this is the case, the Genius Bar at the Apple Store should have told me "Please remove everything from device", instead "No need to remove anything, we do not work on SSD area".
Keep that in mind please. Apple Genius Bar told me to not to remove anything as it was not needed.
If they told me that, I would surely remove everything. This is not my fault.
 
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smbu2000

macrumors 6502
Oct 19, 2014
469
220
You should be able to go to icloud.com to remotely wipe your data from the MBP as long as your AppleID was logged into the computer.

I haven’t ever been given a replacement, but others have. It is usually an equivalent or better I believe.
 
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GoztepeEge

macrumors 6502
Original poster
Nov 21, 2015
267
185
Munich, Germany
You should be able to go to icloud.com to remotely wipe your data from the MBP as long as your AppleID was logged into the computer.

I haven’t ever been given a replacement, but others have. It is usually an equivalent or better I believe.
If they confirm that my device is really lost, I will immediately do this. My iCloud account was already logged-in when I left my device at the Apple Store. It should be still logged-in, hopefully.
 

sarakn

macrumors 6502a
Feb 8, 2013
765
46
I would like to get the same service as well, but I am so nervous because I do not know when the replacement happens and how many days more I have to wait. I am about to fail my courses at the university and this lost computer problem has affected my entire job-education relationship negatively. It needs to be resolved asap, hence I am nervous.

Sorry to hear that. In my case, I had taken my laptop for repair right before Applecare was due to expire. When they noticed the overheating issue, they offered to repair it but that did not work. So they said they will take it in one more time and if they could not do it, they will work on a replacement.

Obviously, this would have led me without a laptop. But in the US, you can buy a laptop and return it within 14 days. Since my issue took over 14 days, the manager gave the approval for me to keep the newly purchased laptop until the replacement was delivered. I think it took about a month in total. Also, my original laptop was customized so that took a bit longer.

Perhaps you can ask if you could get a "loaner" machine. If you have the funds, buy a new laptop, load from backup and use until the issue with this laptop has been resolved. Be patient with them and explain your dilemma - you'll be surprised what they can do.

Good luck!
 

BreakYurAnkles

Suspended
Oct 17, 2021
508
501
If they confirm that my device is really lost, I will immediately do this. My iCloud account was already logged-in when I left my device at the Apple Store. It should be still logged-in, hopefully.
If it is too far past the time they said it would be fixed and returned, I suggest going to the Apple store immediately and explain your situation to them about University and job.

You need a laptop now to continue your life. The process has been delayed too long and you need to be helped in any way possible.

*kindly* Ask the manager at your Apple store if it is indeed lost, can you get a replacement now?

the worst he is going to say is "No"
 

GoztepeEge

macrumors 6502
Original poster
Nov 21, 2015
267
185
Munich, Germany
Sorry to hear that. In my case, I had taken my laptop for repair right before Applecare was due to expire. When they noticed the overheating issue, they offered to repair it but that did not work. So they said they will take it in one more time and if they could not do it, they will work on a replacement.

Obviously, this would have led me without a laptop. But in the US, you can buy a laptop and return it within 14 days. Since my issue took over 14 days, the manager gave the approval for me to keep the newly purchased laptop until the replacement was delivered. I think it took about a month in total. Also, my original laptop was customized so that took a bit longer.

Perhaps you can ask if you could get a "loaner" machine. If you have the funds, buy a new laptop, load from backup and use until the issue with this laptop has been resolved. Be patient with them and explain your dilemma - you'll be surprised what they can do.

Good luck!
Thanks for sharing these with me, I appreciate.
I can do similar things, at least at first I am planning to go there and explain how hard my current situation is. I hope they can offer me a solution, like a loaner pc or a direct immediate replacement (not so realistic). And I do not have enough funds to invest for order-and-return process, this is something I can not do now.
But in any case, a 1 month replacement procedure is extremely long for me. It might cost me a lot, in terms of productivity and job-work relationship. I hope this is not the case now.

If it is too far past the time they said it would be fixed and returned, I suggest going to the Apple store immediately and explain your situation to them about University and job.

You need a laptop now to continue your life. The process has been delayed too long and you need to be helped in any way possible.

*kindly* Ask the manager at your Apple store if it is indeed lost, can you get a replacement now?

the worst he is going to say is "No"
This sounds great, if the genius bar denies helping, I can try to escalate it to the manager. Hope he helps by understanding my situation.
 
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dukebound85

macrumors Core
Jul 17, 2005
19,170
4,168
5045 feet above sea level
From your replies I can pretty understand that you have not experienced that kind of problem in past, as you are not trying to understand how bad this is.
Let me give you further info about the problem:

When I get the Apple Store on 02.12.2021, I asked the Genius Bar about removing all the documents or formatting the SSD, he told me that this is not needed as they were not going into the SSD or documents. Hence I trusted him and did nothing, I just deactivated the password. All of my documents were inside, as he said it was so normal to leave them. But now if the MBP is lost, whose fault is this?

Could you please show me a legal writing, which states the calculation of a used MBP after 6 years, in order to understand how valuable is it in terms of money?
Or do you calculate it based on eBay prices? Please, make more empathy.

You are looking at the topic in this way:
Okay, an Early 2015 MBP 13" is lost, then we give him another used Early 2015 MBP 13".
Really?!
Is it ethical?!
Who was the previous user of the MBP you are trying to give me?
What is the difference of condition in between two used devices?
What if the used MBP has any issue that nobody notices so far?
And lastly, who really accepts this kind of weird offer?!
you aren't entitled to anything other than what you had. Apple isn't obligated to "better" you.

While unfortunate, this is likely all prescribed in the documents you signed when submitting to service.

That said, I hope apple is generous with their offering of how to make it right
 

GoztepeEge

macrumors 6502
Original poster
Nov 21, 2015
267
185
Munich, Germany
you aren't entitled to anything other than what you had. Apple isn't obligated to "better" you.

While unfortunate, this is likely all prescribed in the documents you signed when submitting to service.

That said, I hope apple is generous with their offering of how to make it right
I know and I do not want anything better than my lost MBP. And surely Apple do not have to provide me anything bettter, it makes sense.
I am always okay when they try to do anything to compensate this problem, either gives me my lost MBP, or a new MBP with the basic hardware, 2020 or 2021, does not matter. It is because mine was also the base model of the Early 2015s.
 

Conutz

macrumors 6502
Oct 24, 2014
358
250
Joburg
Wow, some really fantastic attitudes on display here.

OP, it’s a crappy one, sorry that it happened to you. Unfortunately, **** happens and we all make mistakes from time-to-time – one of which may be the loss of your Macbook. Approach it reasonably (be frank and honest) and the people in the store will try their best to help you out, either way it plays out. Going in “swinging” or being an ****** (as recommended here) will only make things worse. Good luck 👍
 

GoztepeEge

macrumors 6502
Original poster
Nov 21, 2015
267
185
Munich, Germany
Wow, some really fantastic attitudes on display here.

OP, it’s a crappy one, sorry that it happened to you. Unfortunately, **** happens and we all make mistakes from time-to-time – one of which may be the loss of your Macbook. Approach it reasonably (be frank and honest) and the people in the store will try their best to help you out, either way it plays out. Going in “swinging” or being an ****** (as recommended here) will only make things worse. Good luck 👍
I agree with this attitude, and I am also aware that the employees in the Apple Store are not guilty. This was not their mistake, as I believe and hope. I will just request a bit empathy and understanding from them, when I get there. Surely I do not want to be a trouble for them. This makes everything worse and decrease the possibility to resolve the issue. But I hope they understand this kind of kind attitude of me.
 

Maclver

macrumors 68030
Nov 23, 2008
2,850
2,587
New Mexico
If they confirm that my device is really lost, I will immediately do this. My iCloud account was already logged-in when I left my device at the Apple Store. It should be still logged-in, hopefully.
I wouldn’t wait. Best err on the side of caution.
 

GoztepeEge

macrumors 6502
Original poster
Nov 21, 2015
267
185
Munich, Germany
I wouldn’t wait. Best err on the side of caution.
I would agree but actually the genius bar at the store told me to wait around 1 week more, when I had a phone call with him on this Friday. Hence I would like to listen first what he said, then to take the action. It will be probably on Wednesday or Thursday, unless they give me any news. I am now keeping my silence and tracking the status time by time.
 

ElRojito

macrumors 6502
May 6, 2012
329
585
Cru time

Edit: seen this happen a few times. They’ll offer your a replacement of equal or better value. You can pay to upgrade if you’d like. It’s called a Cru (customer replacement unit). The process is pretty standard.

You likely signed data waivers upon agreeing to repair so your data is gone.
 
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BreakYurAnkles

Suspended
Oct 17, 2021
508
501
I would agree but actually the genius bar at the store told me to wait around 1 week more, when I had a phone call with him on this Friday. Hence I would like to listen first what he said, then to take the action. It will be probably on Wednesday or Thursday, unless they give me any news. I am now keeping my silence and tracking the status time by time.
Can your university and job wait 1 more week?

When did they estimate your laptop would be fixed and delivered back to you?

If it is past that estimated date, I wouldn't wait any longer since you have important things you need a laptop to complete.

You can also try to chat online with apple support. They might be able to help you get a replacement sooner rather than later. (if Germany has online Apple support)
 

sarakn

macrumors 6502a
Feb 8, 2013
765
46
I have faith this will work out favorably for OP. My only concern is OP getting a replacement device to continue their coursework.

Apple is a multibillion dollar corporation that is customer-focused. They will take care of this issue quickly.
Apple lost OP's device - this has been established.

OP, please contact the store ASAP and let them know that you understand mistakes happen and will be willing to give them time to locate your device. In the meantime, you need a replacement laptop for school/work and need something immediately. More than likely, the manager will see you are trying to work with them and will likely ask you to stop by and pick up a loaner laptop until they can make arrangements with corporate on how to resolve this. Even offer to take an older laptop as a loaner(M1 processors are in high demand).

The key thing to note is you are dealing with a reputable, customer-focused company and there is no need for arguments or threats of lawsuits.
They will resolve this issue better than you expect.
Be nice and respectful. These guys see and deal with a lot especially at this time of the year and with the latest release. They will see that you are trying to work with them and will work with you.

Once you are settled in, they will have to go through an approval process(happened in my case) and they'll let you know which device you can get. Since you already have a loaner, it's no big deal. They'll send you the new one, ask to return the loaner and all is settled.

Best advice.... be calm and respectful.
 
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