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EE or Apple

Hi

I have an iphone 4s. A week ago if stopped picking up wifi and the 'button' to turn wifi on no longer works.

On the Apple website it says to rest your phone and this will sort the problem. I have tried this and it did not work.

I then went into the EE shop and they said it was down to Apple to fix the problem as its over a year old (its 1 year 5 months old). I rang Apple and they said it's down to EE.

A few people have said that EU law states it is EEs job to sort it. Then consumer rights says that a product has to be suitable for purpose for up to 6 years in the UK.

How do I get EE to fix my phone at their cost using all these laws and regulations to help me as I don't understand?

Thanks.

Comments

  • MamaMoo_2
    MamaMoo_2 Posts: 2,644 Forumite
    Ok, this secret EU law? Ignore that. There is no secret EU law or EU warranty etc. Only EU guidelines, which here in the UK we abide by using the SOGA.

    So, under SOGA...

    Your consumer rights are with the retailer. You did have additional extra rights with Apple for the first 12 months via the warranty they offer, however that has now expired and they owe you nothing.

    To have any rights with EE, as it's over 6 months they have every right to refuse you help unless you can prove that the fault is inherent. You can do this by getting an independent engineers report from somewhere like an independent phone repairer etc.

    If the fault isn't inherent, then unfortunately your rights with EE end there, however I believe Apple will offer you the option to buy a replacement refurbished handset for around £140.

    If the fault is inherent, then EE will have the option to repair, replace or refund. The first two are obvious, but if they choose to "refund", as the phone was presumably free or heavily discounted, you will likely get nothing back. If it was bought at a discounted price with a contract, they are still within their rights to offer you a partial refund taking into account any use you have already had.

    Hope this helps!
  • Thank you. One question what does inherent mean?
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Chrisj1979 wrote: »
    Thank you. One question what does inherent mean?
    An inherent fault is one that existed at the time of sale but was not necessarily apparent at that time.

    In other words, if the fault is due to user carelessness, misuse, or fair wear and tear, then it is not an inherent fault and you cannot expect a remedy from the seller.
  • keyser666
    keyser666 Posts: 2,140 Forumite
    are you saying the button doesnt work or wifi doesnt?
  • MamaMoo_2
    MamaMoo_2 Posts: 2,644 Forumite
    If the fault is inherent, it means that even though the fault may not have been obvious at the time of sale, it is due to a problem that was present from manufacture, whether that be a faulty connection that has worsened over time, or poor components etc.
    If an item fails within the first six months, the item is usually deemed to be inherently faulty unless proved otherwise. After 6 months, the onus is on you to prove that the fault is inherent.
  • DevCoder
    DevCoder Posts: 3,362 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Try the steps here, otherwise contact Apple Support on the link within this link

    http://www.3g.co.uk/PR/Nov2013/apple-issue-fix-for-wifi-greyed-out-problem.html
  • Your rights are with the company you bought it from. If that was EE then its with them, if you bought it from Carphone Warehouse and EE is just your network then its with CW.

    Apple however tend to have exceptionally good service and often will deal with issues even though they have no legal obligation to do so. A quick appointment with their in store technitions may well sort it for free.
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