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Apple vs the Sale of Goods act. Burden of proof
Hi all,
I have an iPhone 3GS that stopped working after 20 months. It's never been wet or been dropped and has been very well looked after. It started being unreliable after upgrading to ios5 and now won't even switch on. (Error code 1611-Hardware fault)
In order to claim a free repair or replacement under the Sale of Goods act, my understanding is that after 6 months, because of the reverse burden of proof, I need to prove that I didn't damage the phone myself and that the fault is inherent.
I've tried to obtain an independent report, however each time, I get told that only Apple can service Apple products and therefore, an independent report is impossible to obtain.
Doesn't this policy rather neatly leave Apple in a position where they can avoid their responsibilities under the SOGA due to the impossibility of customers obtaining independent proof of an inherent fault?
Surely this makes a mockery of the sale of goods act. I notice that they have already been fined €1.2m in Italy for misleading consumers over their rights in relation to the EU equivalent regulations.-
http://latimesblogs.latimes.com/technology/2011/12/apple-fined-italy-applecare-warranties.html
Any advice would be greatly appreciated. Thanks
I have an iPhone 3GS that stopped working after 20 months. It's never been wet or been dropped and has been very well looked after. It started being unreliable after upgrading to ios5 and now won't even switch on. (Error code 1611-Hardware fault)
In order to claim a free repair or replacement under the Sale of Goods act, my understanding is that after 6 months, because of the reverse burden of proof, I need to prove that I didn't damage the phone myself and that the fault is inherent.
I've tried to obtain an independent report, however each time, I get told that only Apple can service Apple products and therefore, an independent report is impossible to obtain.
Doesn't this policy rather neatly leave Apple in a position where they can avoid their responsibilities under the SOGA due to the impossibility of customers obtaining independent proof of an inherent fault?
Surely this makes a mockery of the sale of goods act. I notice that they have already been fined €1.2m in Italy for misleading consumers over their rights in relation to the EU equivalent regulations.-
http://latimesblogs.latimes.com/technology/2011/12/apple-fined-italy-applecare-warranties.html
Any advice would be greatly appreciated. Thanks
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