Help with Understanding My Rights with Sale Of Goods Act and iPhone 5

1gavinr

Apologies if there is a thread with this subject already going but I need a little more information regarding my problem.

I have an iPhone 5 which I purchased online through Apple, on its release date in September 2012 and recently I have come across information regarding a batch of these phones that have faulty Batteries and also the Sleep/Wake button. You can input your phone serial number into the Apple website and it will tell you if your phone is eligible for the parts to be replaced.

Both parts on my phone are faulty and are eligible for the repair service BUT I don't think that is good enough. I know the Sale of Goods Act 1979 covers a repair, replacement or refund service for buyers who have faulty goods and I have asked Apple for a refund for this phone because of the 2 major faults it has. The refund would be as a credit note with Apple so I can then spend the money back with them on another device.

After sending numerous Apple representatives into meltdown mode because in the USA they don't know about the Sale of Goods Act 1979 here in the UK, I was repeatedly put on hold and at 1 point had the conversation temporarily ended while they sought legal help from a team in the US. No one had ever dealt with a customer who had asked for a refund using this Act and they finally redirected me to their contact center in Ireland when I was told the only option they would provide is a repair service.

This will come at a cost to me though because I can either have the phone collected from my home address and have NO mobile access for up to 10 days - something that I can't have as my phone is a personal and business phone - OR I can take the phone to my nearest Apple Store which is 45 miles away and I can have a temporary phone while mine is being repaired. This would mean a total mileage cost of 180 miles out of my own pocket and I couldn't guarantee to pick up the phone when they say it is ready because of my work commitments.

I asked if they could simply swap the device like for like so I could have a new phone which isn't affected by these faults and again I was refused point blank.

I am told that they will only repair the faulty phone but it is ultimately to my detriment because it will cost me one way or another.

I have spoken to the Consumer Advice helpline and I was told even though the length of time is 2 years from purchase I can still request a refund because of these manufacturers faults.

Because this fault has only been acknowledged recently by Apple what are my statutory rights with the Sale of Goods Act 1979 and what could I expect as my best outcome from this situation?

All ideas and help would be extremely grateful so I can get back to Apple and put my case with them again.

Thanks
Gavin

Littlestars_2

They can either replace, refund or repair and it is the retailers choice. You can ask for your preferred remedy but you have no rights if the retailer chooses another one. Even if they did refund they can deduct the cost of how much use you have had so it would not be a full refund.

shaun_from_Africa

1gavinr wrote: »

I have spoken to the Consumer Advice helpline and I was told even though the length of time is 2 years from purchase I can still request a refund because of these manufacturers faults.

Because this fault has only been acknowledged recently by Apple what are my statutory rights with the Sale of Goods Act 1979 and what could I expect as my best outcome from this situation?

You have the right to ask for a refund but Apple have the right to reject this request if one of the other options available under their SOGA obligations is more cost efficient for them.
They can opt to repair, replace or refund (and this can be a partial refund to cover the time that you've had the phone. (this is covered by http://www.legislation.gov.uk/ukpga/1979/54#commentary-c1108938

I wouldn't use the fact that the phone is required for business use as this can reduce your SOGA rights. (much of the act only covers consumers and not business purchasers).

I think that your best bet would be to take the SIM out and send the phone for repair and buy a cheapie phone to cover you for the time it is away being fixed.

gik

I'm guessing you'd like a nice shiny new iphone 6?

bsms1147

Sounds like a good plan to get an iPhone 6, sir.

bris

No you can't get a refund.

1gavinr

Funny enough I have no desire in the iPhone 6. There is no wow factor in that phone, the technology they are using in it has been around for a couple of years now and has been used in other phones.

I wan't to clearly know my rights before continuing to take this on with one of the biggest companies in the world. Due to the fact Apple have acknowledged these faults recently am I (and other iPhone 5 users) covered by the Sale of Goods Act 1979 even with the time being 2 years since purchase date?

As for being cheeky, well of course. If you don't ask, you don't get in life and I wonder why other people haven't sought a refund for this phone when Apple have said it's faulty.

I would accept a swap like for like from a batch that isn't faulty because the repair service will leave me inconvenienced through no fault of my own. This isn't acceptable.

The chances of beating Apple are slim to none to hell freezing over but I can certainly try my luck as much as I can and possibly open up another avenue for other people who simply don't want a repair to a faulty phone that they paid a lot of money for.

Thank you again for all your comments, I really do appreciate the feedback.

1gavinr

No I really don't want the iPhone 6. They haven't released anything spectacular with it.

1gavinr

It is me being cheeky asking a mega company whose turnover has surpassed $128 Billion to take back their faulty item and let me spend my money with them on another item that I would like to get.

I've learned in life never to take the first answer I'm given, so I need to gather more information that I can quote to them when I speak to them next.

Geodark

1gavinr wrote: »

It is me being cheeky asking a mega company whose turnover has surpassed $128 Billion to take back their faulty item and let me spend my money with them on another item that I would like to get.

I've learned in life never to take the first answer I'm given, so I need to gather more information that I can quote to them when I speak to them next.

Even if they gave you a refund they wouldnt have to refund the entire price as you have had 2 years use out of the phone. I think you need to read up on soga again.

Hintza

If they offer you a refund the could reduce any refund for the use you have had. So if they think the phone should last 5 years then you might get 3/5 if they decide on linear depreciation.

But since it is a business asset then they might depreciate it by 30% per annum as you probably are in your accounts (or similar).