Faulty iPhone

kittymac1

I wrote back quoting what was suggested about taking it for repair and then claiming it back from them (exactly what was quoted above).

Today i received this response from them:

Thank you for your reply.



On the link that you have provided for the Apple website, please scroll towards the bottom of the page. This displays the following information within the small print of their web page.



In most EU member states, consumers may only claim for defects that were present on delivery. There are some exceptions, including Czech Republic and Romania. The burden to prove that the defect (including latent defects) existed on delivery generally shifts to the consumer after the expiry of a period of 6 months from date of delivery. Examples of countries where the burden of proof does not shift include Czech Republic, Portugal and Romania. Please contact your local European Consumer Centre for details of the position in your country. During the claim period (see above), consumers may claim, among other things, free repair or replacement where a product does not correspond to the contract. Some EU member states, including Finland, Ireland, UK, Netherlands and Sweden, have a claim period that is longer than 2 years from date of delivery. Please contact your local European Consumer Centre for details of the position in your country.
The Sales of Goods Act also confirms that this must be brought to the retailers attention within a reasonable amount of time, 6 months.

It also states, goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer, must be taken not to have so conformed at that date. As your handset hadn’t developed a fault until the 20th month, I'm very sorry, we're only able to offer a chargeable repair.



If you have the handset insured, please contact your insurance provider to ask if this would be covered within the terms of your policy to have the phone exchanged/repaired as you may be able to claim for this on your insurance.



Once again please accept my apologies for any inconvenience this may have caused and if there is anything else that I can help you with please reply to this email and we'll be happy to help you. Alternatively you could contact our Complaints Team on 0845 655 7900.





Kind Regards,


I understand why people give up so easily, i already feel like i will get nowhere with this, as it appears my option now is to get it fixed myself and the only reputable place to do that is Apple, but if i do that, i probably won't get the diagnostic report i need to make a claim and thats before i try and wrap my head around going to the small claims court.

Am i right to be doing this as i am getting married next year and i'm supposed to be saving money.

Thanks for your help so far.

NFH

You need to prove that the fault is a latent defect, i.e. a fault that existed at the time of supply (in that a particular part was not durable) but the fault did not manifest itself until much later. For this you will need an independent report from a repairer stating that this fault could have occurred only because the part was defective at the time of supply and was not be caused by misuse or damage (e.g. by water etc).

overpricedpap

I am having exactly the same problem. Apple and O2 are both not taking responsibility for my phone.
Is there anybody out there who has had success with this?

grumbler

Yes: Iphone 5 faulty after 14 months on T-Mobile - Consumer Law?

Frozen_up_north

overpricedpap wrote: »

I am having exactly the same problem. Apple and O2 are both not taking responsibility for my phone.
Is there anybody out there who has had success with this?

What is the model of phone and what is the fault? There is a known issue with the top (sleep/wake) switch on some early models of the iPhone 5 and those faults will be repaired without question by Apple.
https://www.apple.com/uk/support/iphone5-sleepwakebutton/

Apple will provide 2 years warranty, although it seems to depend on where you live. A friend had a faulty iPad that was purchased in the UK, it was between 1 and 2 years old and wouldn't turn on. She took it to an Apple store in Spain and they replaced it under warranty without any arguments or hassle - stating the warranty was for 2 years...

grumbler

Frozen_up_north wrote: »

Apple will provide 2 years warranty, although it seems to depend on where you live.

In UK they provide 2-years' warranty only if you buy iPpone directly from Apple. Otherwise it's their pathetic "One-Year Limited Warranty".

https://www.apple.com/uk/legal/statutory-warranty/ - this link has already been posted in the post #10 above.

overpricedpap

Frozen_up_north wrote: »

What is the model of phone and what is the fault? There is a known issue with the top (sleep/wake) switch on some early models of the iPhone 5 and those faults will be repaired without question by apple

Apple will provide 2 years warranty, although it seems to depend on where you live. A friend had a faulty iPad that was purchased in the UK, it was between 1 and 2 years old and wouldn't turn on. She took it to an Apple store in Spain and they replaced it under warranty without any arguments or hassle - stating the warranty was for 2 years...

Yes my sleep button and apple are happy to fix this. But when the did a diagnostic test of my battery they said it was also faulty. They will not fix the sleep button for free but it's £55 to replace the battery. Guess what? Apple will not fix the sleep button unless I fix the battery as the phone is considered faulty and they will not fix it unless it's in full working order. (Apart from the sleep button). To be fair apple were/are great and said if I upgrade in their store next time I will get a 2 year warranty.
I called up O2 and they say it's apple and they will not fix my faulty battery so I am stuck in the middle.
Crazy that O2 can sell iPhones and then blame apple that their warranty doesn't cover it.

Silk

overpricedpap wrote: »

I called up O2 and they say it's apple and they will not fix my faulty battery so I am stuck in the middle.
Crazy that O2 can sell iPhones and then blame apple that their warranty doesn't cover it.

I've a feeling batteries are excluded from warranty after 12 months anyway due to them being able to wear out. I think it's only covered if you take out the apple care policy.

bignred05

I have recently had a iphone 5 replaced free of charge thanks to this 2 year warranty thing

I bought the iphone via ebay (so in some ways was a bit worried) after it developed a serious fault, took to Apple (Liverpool) they where able to tell me the exact history of the phone
I was told it was originally replaced in their Aberdeen store (I bought it of someone in Aberdeen) anyway the guy stated as it was bought directly from the Apple store, although it was out of the 12 month guarantee, it would be covered under the 2 year warranty rule etc

very much to my relief, I got a replacement Iphone 5 free of charge

well impressed (and very happy)