The Sale and Supply of Goods to Consumers Regulations 2002; iPhone; and, me

somethingcorporate

Mark_Hewitt wrote: »

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.

Bit of an error in there Mr Hewitt. An engineer could quite come to the conclusion the fault was inherent, it may only be 12 months old so perfectly feasible.

Mark_Hewitt

Yes they *could*, but they won't.

In 99% of cases the button failing is due to water damage.

somethingcorporate

Seems unlikely, what is your background to make such a claim? I've had buttons stop working or wear out on all sorts of phones and none of them have been due to water damage.

unholyangel

laganuk wrote: »

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

As advised, the relevant UK law is the Sale of Goods Act. If a fault is apparent within 6 months of purchase, it is assumed to be inherent and the retailer must either provide a remedy (repair, replace or refund - which can be partial) or prove the fault is not inherent.

After 6 months, the burden of proof reverses and it is up to the consumer to prove the fault is inherent and not due to damage/misuse or wear and tear.

However, why don't you contact the retailer and see what they say? And please, for the love of god....do NOT mention that Directive to them. If they have any knowledge of SoGA at all, mentioning that Directive will likely destroy all credibility of anything you say.

Good luck and let us know how you get on

laganuk

@unholyangel: Common sense and learning from your mistakes is a wonderful thing, hence i will not be quoting EU (ex EC) law - I agree totally and as its outside their 28 day poliicy the supplier says they would send it away to the manufacturer who may fix it. I'm just thinking of wimping out and buying Apple Care .....

unholyangel

laganuk wrote: »

@unholyangel: Common sense and learning from your mistakes is a wonderful thing, hence i will not be quoting EU (ex EC) law - I agree totally and as its outside their 28 day poliicy the supplier says they would send it away to the manufacturer who may fix it. I'm just thinking of wimping out and buying Apple Care .....

Out of interest, what was the purchase date?

MamaMoo_2

I'd advise that you take it to the Apple store.
The home button becoming temperamental after 6-12 months is a VERY common issue with the iPhone 4, and they repaired mine FOC under the 12 months warranty (you can check if yours is still under any kind of warranty here - https://selfsolve.apple.com/GetWarranty.do )
Although my friends was out of warranty, and they repaired hers FOC too as it is acknowledged as an inherent fault with many iPhone 4's
HTH

laganuk

unholyangel wrote: »

Out of interest, what was the purchase date?

September 2010

SuperHan

You have to buy AppleCare within the first 12 months, so unfortunately, that option's out!

laganuk

I have a funny feeling SuperHan that they will allow the AppleCare to take effect if bought outside the 12 month period as long as its within the 2 year period:
Apple fined by Italy over misleading product guarantees