Your browser isn't supported
It looks like you're using an old web browser. To get the most out of the site and to ensure guides display correctly, we suggest upgrading your browser now. Download the latest:

Welcome to the MSE Forums

We're home to a fantastic community of MoneySavers but anyone can post. Please exercise caution & report spam, illegal, offensive or libellous posts/messages: click "report" or email forumteam@.

Search
  • FIRST POST
    • SW1983
    • By SW1983 15th Apr 17, 2:15 PM
    • 2Posts
    • 0Thanks
    SW1983
    Defective iPhone - Purchased from Very
    • #1
    • 15th Apr 17, 2:15 PM
    Defective iPhone - Purchased from Very 15th Apr 17 at 2:15 PM
    Hi,

    I purchased an iPhone 7s Plus from Very in December which I have used without issue until yesterday when the home button stopped working. On attending an Apple Store Genius Bar they have advised that the home button is cracked but cannot offer a viable explanation as to how or why this could have happened as there is no damage anywhere else to the phone and therefore have deemed the phone defective. However as it was not purchased directly from Apple the repair would be at a cost to me (over £200) but as it is faulty and that I've had it such a short time frame and that it is faulty that Very should offer me a replacement/refund.

    On contacting Very they have stated that it would be up to them to decide if this was a fault but which could be at a further cost to me should they deem it not to be. As I have stated to them, as relative 'laypeople' in comparison to Apple who have confirmed this as a fault, I would be concerned at returning it to them for them to make such a decision as to its defectiveness (when Apple have confirmed this).

    I have tried dealing with this with them for the past day, with no resolution and them unwilling to escalate this to a supervisor/manager. I have also quoted the Sales of Goods Act to them (that a consumers can expect for the goods to be 'fit for the purpose they are intended', which by apples own admission, this is not and is a defect) which is being disregarded. It also seems any email addresses for 'higher management' in Very/Shop Direct have been taken out of service so I am somewhat at a stalemate as what to do next.

    Can anyone advise as to what to do next or does anyone have contact information for any higher management within Very/Shop Direct.

    Thanks in advance.
Page 1
    • unholyangel
    • By unholyangel 15th Apr 17, 2:23 PM
    • 10,557 Posts
    • 7,792 Thanks
    unholyangel
    • #2
    • 15th Apr 17, 2:23 PM
    • #2
    • 15th Apr 17, 2:23 PM
    SoGA no longer applies to b2c contracts since oct 2015. It was replaced by Consumer Rights Act (more or less the same as SoGA but some significant changes).

    While apple may have told you its faulty, presumably they haven't given you anything stating it is inherently faulty (its very typical of apple when you dont buy from them direct). SoGA/CRA don't actually specify faulty goods, they cover goods which do not conform to contract. You drop a phone and smash it, its still faulty just not inherently so.

    As its less than 6 months from purchase, its up to very to show the fault isn't inherent but they seem willing to do this so not entirely sure what the issue is?
    Money doesn't solve poverty.....it creates it.
    • SW1983
    • By SW1983 15th Apr 17, 2:30 PM
    • 2 Posts
    • 0 Thanks
    SW1983
    • #3
    • 15th Apr 17, 2:30 PM
    • #3
    • 15th Apr 17, 2:30 PM
    Yes, I guess your right that they have, but as stated their expertise in comparison to Apple are limited.

    So what should I do if they deem it an not faulty but when Apple (the manufacturers of the product) have deemed it as so?
    • davidwood123
    • By davidwood123 15th Apr 17, 2:44 PM
    • 137 Posts
    • 263 Thanks
    davidwood123
    • #4
    • 15th Apr 17, 2:44 PM
    • #4
    • 15th Apr 17, 2:44 PM
    Yes, I guess your right that they have, but as stated their expertise in comparison to Apple are limited.

    So what should I do if they deem it an not faulty but when Apple (the manufacturers of the product) have deemed it as so?
    Originally posted by SW1983
    Unless you get Apple to confirm what they told you in writing there's no point quoting what they said. It's meaningless.
    • theonlywayisup
    • By theonlywayisup 15th Apr 17, 3:26 PM
    • 10,154 Posts
    • 6,818 Thanks
    theonlywayisup
    • #5
    • 15th Apr 17, 3:26 PM
    • #5
    • 15th Apr 17, 3:26 PM
    Op, did you read this bit?


    As its less than 6 months from purchase, its up to very to show the fault isn't inherent but they seem willing to do this so not entirely sure what the issue is?
    Originally posted by unholyangel
    "I suggest you read who's thread this is and you will find its MINE". sic
    • agrinnall
    • By agrinnall 15th Apr 17, 3:42 PM
    • 17,240 Posts
    • 12,916 Thanks
    agrinnall
    • #6
    • 15th Apr 17, 3:42 PM
    • #6
    • 15th Apr 17, 3:42 PM
    Yes, I guess your right that they have, but as stated their expertise in comparison to Apple are limited.
    Originally posted by SW1983
    Here is one of Sheldon's thoughts on the quality of the Apple 'Genius'. A search will reveal other clips with similar views

    https://www.youtube.com/watch?v=MMry6QT4XY8
    • Fosterdog
    • By Fosterdog 15th Apr 17, 5:57 PM
    • 2,805 Posts
    • 4,761 Thanks
    Fosterdog
    • #7
    • 15th Apr 17, 5:57 PM
    • #7
    • 15th Apr 17, 5:57 PM
    If the Apple genius had believed it was an inherent fault they would have arranged a repair or exchange without any cost to you, they only charge if it user damage or outside any warranty.

    Very are unlikely to diagnose it themselves but will most likely send it to Apple for a diagnosis or repair, if they say it is user damage then Very won't have to do anything to help.

    With the iPhone 7s the home button is not actually a button like it used to be on older models but is part of the screen, with haptic feedback to make it feel like it is being pressed (just try pressing one when turned off and you can feel there is no actual button) so if it is cracked then something is likely to have caused an impact to crack it.

    The only chance you would have is if they can't prove damage then it is assumed an inherent fault at less than six months old.
    • T0mmyh
    • By T0mmyh 16th Apr 17, 7:58 AM
    • 49 Posts
    • 40 Thanks
    T0mmyh
    • #8
    • 16th Apr 17, 7:58 AM
    • #8
    • 16th Apr 17, 7:58 AM
    If the Apple genius had believed it was an inherent fault they would have arranged a repair or exchange without any cost to you, they only charge if it user damage or outside any warranty.
    Originally posted by Fosterdog
    Only true if you've purchased direct from Apple! Otherwise you need to go through who you purchased it off.
    • Fosterdog
    • By Fosterdog 16th Apr 17, 8:19 AM
    • 2,805 Posts
    • 4,761 Thanks
    Fosterdog
    • #9
    • 16th Apr 17, 8:19 AM
    • #9
    • 16th Apr 17, 8:19 AM
    Only true if you've purchased direct from Apple! Otherwise you need to go through who you purchased it off.
    Originally posted by T0mmyh
    Nope they quite often do it even if it was purchased elsewhere, we sell Apple products where I work and we often give customers with faulty items the option of us sending them away for repair or them making an appointment in the nearest Apple Store (which we help them make the online booking or let them use our phone to call) the ones who choose to go to the store usually get exchanges on the day, if it is the type of item they exchange rather than repair so phones, certain iPads and iPods. I'm pretty sure we'd have some very angry people coming back if they were all being charged for this.

    My stepdaughter had a charging fault on her iPhone 6 when it was 8 months old and we took it into Apple and once they confirmed the fault swapped it for her (with a reconditioned model) even though it had been bought via mobiles.co.uk so not even one of the major retailers who they might have exchange contracts with.
    • bris
    • By bris 16th Apr 17, 12:54 PM
    • 6,503 Posts
    • 5,493 Thanks
    bris
    Apple are very good at this, they always claim, when not bought direct from them about your rights whilst having no liability, but when they do have the liability their tone changes.


    Did you get this expert report from them in writing? No I know you didn't because they never put their claims in writing.
    • SMW83
    • By SMW83 18th Apr 17, 11:25 AM
    • 12 Posts
    • 1 Thanks
    SMW83
    Hi,

    apologies for not replying sooner but have been away.

    Just want to clarify some of the points posters have made. I will address each one as it was posted.
    • SMW83
    • By SMW83 18th Apr 17, 11:34 AM
    • 12 Posts
    • 1 Thanks
    SMW83
    If the Apple genius had believed it was an inherent fault they would have arranged a repair or exchange without any cost to you, they only charge if it user damage or outside any warranty.
    Originally posted by Fosterdog
    They did not. They said as it was purchased from a third party that they had no obligation to do so and it would be at a cost to me if I wanted to go ahead with it. They did however advise me that I could go through Very to have a repair/replacement at no cost.
    • SMW83
    • By SMW83 18th Apr 17, 11:35 AM
    • 12 Posts
    • 1 Thanks
    SMW83
    With the iPhone 7s the home button is not actually a button like it used to be on older models but is part of the screen, with haptic feedback to make it feel like it is being pressed (just try pressing one when turned off and you can feel there is no actual button) so if it is cracked then something is likely to have caused an impact to crack it.
    Originally posted by Fosterdog
    The crack in the button is entirely inside the the button (nowhere else in the screen) and had never been dropped or suffered any impact as Apple confirmed.
    • SMW83
    • By SMW83 18th Apr 17, 11:36 AM
    • 12 Posts
    • 1 Thanks
    SMW83
    Apple are very good at this, they always claim, when not bought direct from them about your rights whilst having no liability, but when they do have the liability their tone changes.


    Did you get this expert report from them in writing? No I know you didn't because they never put their claims in writing.
    Originally posted by bris
    As you state no I didn't as they said that is was not something they do as a company.
    • SMW83
    • By SMW83 18th Apr 17, 11:43 AM
    • 12 Posts
    • 1 Thanks
    SMW83
    Since initially contacting Very they have exhausted every possibility to try not to deal with this such as referring me back to Apple, saying that I can only return it even if faulty within 30 day and now that I would have to get an independent report to prove it is an inherent fault.

    I have stated that as it is under 6 month old that burden of proof and any associated costs and such lie with them and am now waiting for a response. Does anyone have any suggestions as to what to do next should they continue to adhere to consumer law?

    Also, I don't know if this has any bearing on the issue but since the crack appeared the screen around the button is becoming extremely hot to the touch so much so that I've had to swap phones now. Should I mention this to Apple/Very?
    • unholyangel
    • By unholyangel 18th Apr 17, 1:02 PM
    • 10,557 Posts
    • 7,792 Thanks
    unholyangel
    They did not. They said as it was purchased from a third party that they had no obligation to do so and it would be at a cost to me if I wanted to go ahead with it. They did however advise me that I could go through Very to have a repair/replacement at no cost.
    Originally posted by SMW83
    As both bris & I commented on, this is typical of Apple. I would also expect them to have included something along the lines of "well if you had bought from us directly, we'd have fixed it free of charge but since you didnt....."
    Only (going by threads on here) if you do buy from them direct, they then want a report (or if you're lucky, they might offer you a reconditioned model for a fee), which brings me to my next reply.

    As you state no I didn't as they said that is was not something they do as a company.
    Originally posted by SMW83
    Again this was part of the problem with apple products. They're basically the only ones with the expertise to write such a report reliably. Except doing so would likely leave liability at their door (with you claiming from the retailer then the retailer claiming from them). So you can see why they would have little incentive to provide this as a company.

    Since initially contacting Very they have exhausted every possibility to try not to deal with this such as referring me back to Apple, saying that I can only return it even if faulty within 30 day and now that I would have to get an independent report to prove it is an inherent fault.

    I have stated that as it is under 6 month old that burden of proof and any associated costs and such lie with them and am now waiting for a response. Does anyone have any suggestions as to what to do next should they continue to adhere to consumer law?

    Also, I don't know if this has any bearing on the issue but since the crack appeared the screen around the button is becoming extremely hot to the touch so much so that I've had to swap phones now. Should I mention this to Apple/Very?
    Originally posted by SMW83
    Very can be a bit of a pain when things go wrong. Their frontline staff are very much "this is company policy, company policy is king" and can be a nightmare to reason with when enforcing consumer rights (being as direct and succinct as possible helps). Sometimes you need to be completely blunt with them.

    I'm not sure I would mention the heat tbh. The goods are already assumed to not conform to contract and they may try and use it to disclaim liability (ie most of the damage is from you continuing to use it while damaged). Its up to them at this point to show it didn't inherently fail to conform so let them do that. Ideally you should have stopped using the phone straight away though (and I hope you keep that in mind for any similar situations in future).
    Money doesn't solve poverty.....it creates it.
Welcome to our new Forum!

Our aim is to save you money quickly and easily. We hope you like it!

Forum Team Contact us

Live Stats

1,067Posts Today

6,603Users online

Martin's Twitter