Returning a faulty out of apple warranty iPhone

Sagar_Fuzz

Hi everyone,

I've had my 16GB iphone 4S for 1 year and 6 months, and it has developed a fault whereby you cannot swith the wifi on (google wifi greyed out and you wil get lots of people complaining about this fault).The phone is in perfect condition, and has never been dropped, damaged or otherwise mistreated. This iphone is a replacement phone originally bought 1 year and 9 months ago, which was also faulty.

I am going to return it to the Apple store (I bought it directly from apple) but am gearing myself up for an argument as it is outside of the 'Apple limited warranty'. I believe a £499 phone should last longer than 18 months. My questions are:

1. Does my 'time' start from the original iPhone, or the replacement iPhone? Both are under two years, but I want to be clear.

2. I am going to insist on a free repair or replacement. Is this correct?

3. From reading other people's posts dealing with apple, it looks like they fob people off with making them buy another iPhone at cost, about £120. Cheap for an iphone, but if you add that to the £499 I've already paid for a WORKING phone, not a good deal. Would you pay this under protest (so at least I'll have a phone) and then take them to small claims court, or refuse to pay and take them to court?

4. The EU consumer rights directive with a two year minimum guaratee; would you use this or the Sale of Goods Act?

I am making the assumption they will not repair or replace this phone willingly, but will update you on whether this is in fact the case. You never know they might be as good as gold... I am going with my MSE wallet guide to consumer rights just in case!

Any advice or experiences more than welcome, I value your ideas.

Thanks!

JReacher1

They will probably offer you a refurbished iPhone for £129.

You can't force them to provide a free repair or replacement as if you prove there is an inherent fault they can take account of the use you've had and issue a partial refund.

CynicalScotsman

There is no EU minimum guarantee so i would not be preparing to use that.

Paying £120 is probably reasonable for a new Iphone as you are now entitled to a pro-rata refund, so they could arguably take around £200-£250 off the price you paid (assuming 4 years is a reasonable time for the device to last).

frugal_mike

1. Does my 'time' start from the original iPhone, or the replacement iPhone? Both are under two years, but I want to be clear.

That depends what you mean by 'your time'. Your rights under the sale of goods act started when you bought the phone. You bought a second hand phone though, and that will be taken into account. Second hand goods will not be expected to last as long as new goods. I do agree that 1 year 9 months is not long enough for an iPhone though.

2. I am going to insist on a free repair or replacement. Is this correct?

Those are 2 options available to Apple, but they could also refund you. That refund could be partial to reflect your usage of the phone. Apple can pick whichever option is cheapest to them.

Also note that as it is more than 6 months since you bought the phone you may be required to prove the phone was inherently faulty.

Sagar_Fuzz

Thanks eveyone. I haven't got a second-hand phone, BTW, it was new. If they could refund me pro rata for the time I've had it, and let's say 4 years is reasonable, they owe me at least £250. This I am happy for them to refund me this, or give me another phone (which would be cheaper for them).

Proving an inherent fault shouldn't be too hard - thousands of people have this fault, and it is even on their own website (although non of the 'fixes' work). If need be, I guess I can take it to an 'expert', and add that to the cost of the claim.

I really hope they behave. I get very nervous and upset taking things back, I'm not sure why!

Fosterdog

Have you tried doing a full factory reset?

Sagar_Fuzz

Hi Fosterdog,

Yes I have, full reset and treating is as a new phone, plus every sensible idea from the Apple forum on the issue. I would much rather fix this myself, but it seems to be a hardware issue - some suggest the wifi chip comes loose from its soldering, although I have no idea if this is true.

frugal_mike

Sagar_Fuzz wrote: »

Thanks eveyone. I haven't got a second-hand phone, BTW, it was new.

Sorry, I misunderstood. In that case you have a 1 year 9 month old phone as far as the sale of goods act is concerned.
It makes little difference though, it sounds like you have a good case.

Sagar_Fuzz

CynicalScotsman wrote: »

There is no EU minimum guarantee so i would not be preparing to use that.

Paying £120 is probably reasonable for a new Iphone as you are now entitled to a pro-rata refund, so they could arguably take around £200-£250 off the price you paid (assuming 4 years is a reasonable time for the device to last).

The EU Wide Consumer Laws gives two years minimum from date of delivery. Apple even have this on their own website:
http://www.apple.com/uk/legal/statutory-warranty/

OlliesDad

Sagar_Fuzz wrote: »

The EU Wide Consumer Laws gives two years minimum from date of delivery. Apple even have this on their own website:
http://www.apple.com/uk/legal/statutory-warranty/

If you read what is on that link (including small print) it is advising the customer of their rights under SOGA.. the EU directive had no effect on the UK as we already have rights in excess of it.

lucy03

Sagar_Fuzz wrote: »

The EU Wide Consumer Laws gives two years minimum from date of delivery. Apple even have this on their own website:
http://www.apple.com/uk/legal/statutory-warranty/

The EU rule isn't applicable as UK gives up to 6 years, it just in essence requires some evidence that the fault was inherent. As suggested above that might require an independent third party to confirm, although Apple might not actually require that so it's best to see what they say first.