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

Hintza

Surely anyone in your situation has a back up phone?

gik

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.

Tell them under the SOGA that they are allowed to repair it and can choose to do so rather than refund...that's a fact.

1gavinr

Unfortunately not. At the time of purchasing the phone my financial status was a lot healthier than it stands today. This is my only phone right now and I have no means of getting a new phone (even on a temporary basis) for the future.

DevCoder

As its a "business" phone, wouldn't this class as a B2B contract?

1gavinr

When I say for business use, I use it in that capacity to be able to contact my employer during the working day. I am driving for up to 10 hours a day and in the event of a breakdown I need to inform my employer of the situation and my whereabouts. The "business" use is minimal compared to my personal use.

As for rescission I would be happy to accept a percentage reduction due to the age of the phone.

DevCoder

Simply put, you won't get a refund, you will get a repair of the affected issues (the power/sleep/wake button being the main one). You might (if you are lucky) get a refurbished iPhone5.

You can quote SOGA to Apple, but they will quickly quote that all they need to do is repair or refund at a reduced level comparable to the time you have had use of the item.

1gavinr

When I say "business" I mean it is used as my only means of contacting my employer during the working day. I am a driver and need communication in the event of a breakdown. The business use is small in comparison to it being a personal phone.

DevCoder

Not too sure if you have no means of getting a new phone why you wouldn't accept a refurb, if they give you a partial refund what are you going to do for a phone?

1gavinr

They haven't offered a refurbished phone at all. I have been told my only option is repair which as I've mentioned would be at an inconvenience to me. If they were to offer a refurbished phone which is like for like I would gladly take that. The refurbished phone would at least be covered by a year warranty.

If they gave a partial refund I could use that to purchase a phone which would be within my price range. There are many phones being sold on various sites, I would just need to money to get one first.

marliepanda

1gavinr wrote: »

They haven't offered a refurbished phone at all. I have been told my only option is repair which as I've mentioned would be at an inconvenience to me. If they were to offer a refurbished phone which is like for like I would gladly take that. The refurbished phone would at least be covered by a year warranty.

If they gave a partial refund I could use that to purchase a phone which would be within my price range. There are many phones being sold on various sites, I would just need to money to get one first.

You said you wanted Apple store credit? I doubt you can get anything on there with a partial refund from a 2 year old phone.

They may be willing to offer you a refurbished Iphone 5, have you asked them about that, or are they insisting on a repair? If they are insisting can you not buy a cheap as chips £10 phone on pay as you go? Or borrow one? Most people have an old nokia 3310 kicking about in a drawer that would do for a week or so