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The Sale and Supply of Goods to Consumers Regulations 2002; iPhone; and, me
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laganuk
Posts: 41 Forumite
This Money (26th January 2010) mentions EU Directive 1999/44/EC that states under Article 5 (Time limits):
1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods [emphasis added by laganuk]. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.
The Sale and Supply of Goods to Consumers Regulations 2002 implemented the above directive into domestic law by amending the appropriate acts therefore applying this to my issue:- I bought an iPhone 4 last year and Home Button is temperamental; Apple Care has since expired. Will the seller replace said item as its not fit for purpose as described ..... Bets please?:T
Phil:beer::j
Speak when you are angry; and make the best speech you'll ever regret: Anger makes dull men witty, but it keeps them poor: Labels are for jars, not people (but it's hard sometimes;))
Speak when you are angry; and make the best speech you'll ever regret: Anger makes dull men witty, but it keeps them poor: Labels are for jars, not people (but it's hard sometimes;))
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Faulty by design or wear and tear?0
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The secret EU law again? Yippee!0
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scheming_gypsy wrote: »Faulty by design or wear and tear?
- Wear and tear i am sure will be the defence of the supplier but the iPhone product is so designed that the ONLY way to use product is by depressing Home Button but there is precident to faulty quality control.
Phil:beer::j
Speak when you are angry; and make the best speech you'll ever regret: Anger makes dull men witty, but it keeps them poor: Labels are for jars, not people (but it's hard sometimes;))0 -
If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.... therefore a reasonable time under domestic law must mean the minimum of 2 years under the EC secondary law.Phil:beer::j
Speak when you are angry; and make the best speech you'll ever regret: Anger makes dull men witty, but it keeps them poor: Labels are for jars, not people (but it's hard sometimes;))0 -
Oh no someone quoting legislation they don't understand again.'The More I know about people the Better I like my Dog'
Samuel Clemens0 -
Your rights under SOGA are better than those under the "secret" EU law (which doesn't apply here anyway as it is a directive).
You need to prove that the fault is inherent and then you can seek a remedy with the retailer (that's where you bought it from, not Apple).Thinking critically since 1996....0 -
somethingcorporate wrote: »(that's where you bought it from, not Apple).
Unless it was bought from an Apple shop.
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I bought an iPhone 4 last year and Home Button is temperamental; Apple Care has since expired. Will the seller replace said item as its not fit for purpose as described ..... Bets please?:T
No. As it worked for all this time so the fault isn't going to be inherant. However; Apple are really good with this sort of thing so they'll get your sorted, however they *will* charge you.0 -
Oh no someone quoting legislation they don't understand again.
So says the poster who stated this:
with regards to an item which failed 10 minutes after delivery!It's up to them if they repair, refund or replace. You can't choose w hich one you will except. You can ask but ultimately it's down to the retailer which solution they will provide.
https://forums.moneysavingexpert.com/discussion/3678835=0
Although in my (belated) defence the OP talks about the "seller" and not Apple. 
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