EU consumer law? iPhone 4

gjchester

Drwho wrote: »

Im having the same problem emilywyeth since last weds and took it back to Apple store 70miles from me and they said to take it back to the retailer which is Carphone warehouse and they told me exactly like you?? Im also very angry that i will have to pay £37.00 a month for only using text message and my 300 minute as i dont get 3G where i live i could only acces the internet via my home wifi. I just dont know what to do next

Do a full restore on the phone that may resolve it.


If you have lost 3G since buying the phone you may have a case that the networks removed a service, if it's always been so-so or you moved to an are of poor signal then there's very little you can do months after the event.


You can still use the minutes and WiFi just not in your location, does it work outside, it could be your house walls or the local topology, or even a nearby construction that's affected the signal. No network guarantees a signal in all places.

Bingolingo

grumbler wrote: »

Why contribution? If the phone wasn't damaged/misused CPW have to repair or replace it for free.

However, if you go to them with an independent report, they will refuse to reimburse the cost of it. IMHO, it's better to get in writing from them that they refuse to repair it because it isn't an inherent fault, then either
- get it repared with a report elsewhere
OR
- get a report and buy a replacement
and then sue CPW for all costs (+compensation). They will pay before the court hearing.

Why contribution? Retailer's liability to repair or replace is dependent upon what is economical and, where the costs to them are high, considering the use the consumer has had from the product (phone's don't last long), the retailer can offer a reasonable sum of money to take into account the use the consumer has had from the product.

I know CPW doesn't repair apple phones - only apple do this. So the cost of repair or replacement from apple and it's effect on how much money CPW have made from the sale of the phone will inform whether the OP gets a free repair taking into account the likely life expectancy of the phone.

I didn't say he WOULD have to contribute just that he MAY have to make a small contribution.

Bingolingo

NFH wrote: »

Article 5(1) of Directive 1999/44/EC, which is often misquoted as a mandatory European two-year warranty, merely states that the limitation period may not be less than two years from the date of delivery. Given that Section 5 of the Limitation Act 1980 already allows six years (five in Scotland), the Article has no effect upon UK legislation.

Where goods are supplied as a standalone product, the Sale of Goods Act 1979 applies. However, where goods are supplied in conjunction with a service and particularly where payments for the service wholly or partially cover the cost of the goods (as is probably the case here), the relevant legislation is Section 11N of the Supply of Goods and Services Act 1982 which obliges the supplier (not the manufacturer) to repair or replace defective goods free of charge if they develop a defect within a reasonable time after their supply. This legislation is over 30 years old and has been well tested in court. The law doesn't define what a reasonable time is, but where goods are supplied in conjunction with a service, a court would determine a reasonable time to be at least the minimum duration of the service contract, and much longer in the case of an expensive product such as an iPhone.

Sale of Goods and Supply is technically correct but CPW will treat the customer in conformity (I hope) with the Sale of Goods Act.

I don't know why they do this but I think it may be to keep things simple for staff as they sell a lot of pay as you go phones in comparison to contract phones.

Bingolingo

Buzby wrote: »

There is also no such thing as a 'WiFi' slide switch on an iPhone. As there is no inherent fault and you had it a year, the onus is with you to prove the handset was faulty. You may be unaware that your use may have caused whatever switch to fail, but Apple's offer is a good one - you get a fully functional handset complete with a warranty.

You can either beat yourself up quoting laws that those who hear you will ignore, or get it fixed and get back on the road.

It's a common fault often fixed under warranty - I've seen it on new, nearly new and older iPhones. The switch in settings (software) becomes greyed out when the wifi functionality fails.

IMO the OP has a good case for arguing this fault is inherent in the handset and a repair or replacement should be provided under sale of goods rights.

grumbler

Bingolingo wrote: »

Why contribution? Retailer's liability to repair or replace is dependent upon what is economical and, where the costs to them are high, considering the use the consumer has had from the product (phone's don't last long), the retailer can offer a reasonable sum of money to take into account the use the consumer has had from the product.

No. They must repair or replace with a device in fully working order and the same or better condition.

I know CPW doesn't repair apple phones - only apple do this. So the cost of repair or replacement from apple and it's effect on how much money CPW have made from the sale of the phone will inform whether the OP gets a free repair

It's CPW's business, not the customer's. When selling phones and setting prices they have to account for their future obligations under the SoGA/SoGaSA

taking into account the likely life expectancy of the phone.

Regardless of any 'expectancy' it has to last for a reasonable time. Any person in their right mind would agree that this time is much longer than Apple's pathetic warranty.

Bingolingo

grumbler wrote: »

No. They must repair or replace with a device in fully working order and the same or better condition.
It's CPW's business, not the customer's. When selling phones and setting prices they have to account for their future obligations under the SoGA/SoGaSA
Regardless of any 'expectancy' it has to last for a reasonable time. Any person in their right mind would agree that this time is much longer than Apple's pathetic warranty.

No. If an iPhone's 5 years old you won't be entitled to a replacement. You would most likely be offered a sum of money towards a replacement or a contribution to a repair. That the iphone is only one year old merely diminishes the principle to the possibility of a small contribution. In any case, what is a reasonable amount of time in the case of a phone is likely to be much less than 5/6 years.

NFH

Bingolingo wrote: »

In any case, what is a reasonable amount of time in the case of a phone is likely to be much less than 5/6 years.

In the case of iPhones, which cost upwards of £500 and which typically last many years, it could even be as long as 5 or 6 years. The price is taken into account according to Section 4(2A).

Kingsd316

You must have met a really anal apple store employee, 1 day out of warranty and they didn't replace it for free, go back on another day and try again, also have you tried a full restore as mentioned earlier

NFH

Kingsd316 wrote: »

You must have met a really anal apple store employee, 1 day out of warranty and they didn't replace it for free, go back on another day and try again

Good point. You could also try complaining to Apple's customer relations department. I think you first have to phone their technical support people on 0800 048 0408 and then escalate it to customer relations.

Drwho

My nearest Apple store which is Liverpool wasn't helpful until i spoke to the manager which was very helpful, he did the fully restore and went back to factory fitted, and still didn't work and he told me it was up to Carphone warehouse that should help me and if not to talk to my trading standard agency, which i've tried to ring this morning but they are busy.
I looked up with this problem and lot's of people are having the same problem and they advice you to put your phone in the freezer, i was scared but i've put it in the fridge ana now i can switch the wifi button on but it just going to searching for network
Regarding the 3G in my area we dont get Vodafone my son has 3 network and get 3G signal brilliant here.