iPhone Dead!

bogey888

Hi, my iPhone has suddenly died conveniently just after the 12 month guarantee period. Does the EU consumer Law cover me for the repair or do I have to bite the bullet and buy a new one? I did speak to Apple and they were the ones that mentioned the EU Consumer Law which states the seller has to repair or replace the phone regardless that its out of warranty as long as its within 6 years from point of sale. Fones 4U, where I bought it from states otherwise, saying that its not covered by the EU Consumer Law but by the Sale of Goods Act.

Any advice is appreciated!

Cheers

gjchester

bogey888 wrote: »

Hi, my iPhone has suddenly died conveniently just after the 12 month guarantee period. Does the EU consumer Law cover me for the repair or do I have to bite the bullet and buy a new one? I did speak to Apple and they were the ones that mentioned the EU Consumer Law which states the seller has to repair or replace the phone regardless that its out of warranty as long as its within 6 years from point of sale. Fones 4U, where I bought it from states otherwise, saying that its not covered by the EU Consumer Law but by the Sale of Goods Act.

Any advice is appreciated!

Cheers

There's no such thing as EU law, anything passed by Europe has to be enacted into UK law to become law.


The "EU law" they refer to is the user has 2 years to claim for any potential fault that exists at the time of purchase, or become apparent in the warranty period. It's NOT a 2 year warranty, however it was never enacted into UK law as the sale of goods act already gives you 6 years to complain, but again only for faults that occur within the warranty.


Apples warranty is 12 months, that's it. You may be able to claim under the sale of goods act or the sale of goods and services act that the device was not of sufficient quality to be sold, but that's the extent of your remedies., and it will probably take a small claims court (or at least threat of it) to get any traction. If you go down this route you need to claim again Phones 4 U as they are the retailer, and any warranty issue is always with the retailer.


Apple do fixed price repairs, and every market will usually have a phone repairer, it may be worth trying to find what the problem is before proceeding, it could be a charging port fault so the battery simply is now flat and no longer charging, or it could be something more serious. Many iPhone repairs are cheaper than replacing the phone.

phillw

gjchester wrote: »

The "EU law" they refer to is the user has 2 years to claim for any potential fault that exists at the time of purchase, or become apparent in the warranty period. It's NOT a 2 year warranty, however it was never enacted into UK law as the sale of goods act already gives you 6 years to complain, but again only for faults that occur within the warranty.

Warranty length has no bearing on the Sale of goods act.
sogahub.tradingstandards.gov.uk/sites/default/files/OFT002_SOGA_explained.pdf

"The six year period is not the same as a guarantee, but it does
mean that even where the guarantee or warranty supplied
with the product has ended, your customer may still have
legal rights."

"durability – the durability requirement is that the item should
work or last for a reasonable time but it does not have to
remain of satisfactory quality. For example, a pair of wellington
boots should stay waterproof but does not have to keep its
brand new appearance."

The problem you face is:

"Customers do not have a legal right to a refund, repair or
replacement from you if they
• accidentally damaged the item
• misused it and caused a fault"

"Over six months – you are entitled to ask the customer to prove
the item was faulty when they bought it from you. If they are
able to do this they are entitled to a repair or replacement"

The warranty is mainly for the convenience of the retailer, not the consumer. The main benefit to the retailer is that it creates an expectation that you have no rights after the warranty has expired. Manufacturers don't have to offer any warranty & the retailer would still have to repair/replace faulty within the first six months.

After six months it's up to you to prove there was a fault. In the Wifi/Bluetooth issue that has plagued the iphone 4s after upgrading to IOS7, the high number of cases should be enough to show that there was an inherent fault during manufacture.

It's worth reading these two. You'll probably have to use Apple for an experts report, but be prepared for them to say it's caused by water damage or dropping.

which.co.uk/consumer-rights/regulation/sale-of-goods-act
which.co.uk/consumer-rights/action/how-to-get-a-faulty-
product-replaced-or-repaired

I'd recommend accidental damage insurance for iPhones, they are expensive and not very rugged. A good military grade case is also worth getting, although it does make it look less bling.

bogey888

Thanks for the info guys! iPhone replaced free of charge after a last ditch lengthy phone call to Apple!

donfanatico

bogey888 wrote: »

Thanks for the info guys! iPhone replaced free of charge after a last ditch lengthy phone call to Apple!

well done, we have used the "6 year law" thing (cant remember what it is called now) with Apple before. They replaced a 4 year old motherboard free of charge that would have cost 450£ normally.

Definetely , with Apple it is best to book an genius appointment and talk to them

donfanatico

gjchester wrote: »

There's no such thing as EU law, anything passed by Europe has to be enacted into UK law to become law.


The "EU law" they refer to is the user has 2 years to claim for any potential fault that exists at the time of purchase, or become apparent in the warranty period. It's NOT a 2 year warranty, however it was never enacted into UK law as the sale of goods act already gives you 6 years to complain, but again only for faults that occur within the warranty.


Apples warranty is 12 months, that's it. You may be able to claim under the sale of goods act or the sale of goods and services act that the device was not of sufficient quality to be sold, but that's the extent of your remedies., and it will probably take a small claims court (or at least threat of it) to get any traction. If you go down this route you need to claim again Phones 4 U as they are the retailer, and any warranty issue is always with the retailer.


Apple do fixed price repairs, and every market will usually have a phone repairer, it may be worth trying to find what the problem is before proceeding, it could be a charging port fault so the battery simply is now flat and no longer charging, or it could be something more serious. Many iPhone repairs are cheaper than replacing the phone.

not necessarily true, Apple replaced a 4 year old motherboard free of charge under consumer law claim for us, they did some checks making sure it wasnt water damage or anything else accidentaly, it took a week from start to finish.
Apple have outstanding customer service, I have had iPhones replaced outside the 1 year warranty free of charge...
it all depends how you talk to them in the shop, and don't go to your telco go to Apple direct

Browntoa

moved to consumer rights