Returning Goods Advice

MOPI

Hi I recently purchased an iPhone from Cash Converters online through their website and paid with my credit card. I have over approximately the past 2 weeks I have experienced problems with the top speaker crackling so I decided to book in at my local Apple store with the expectation that they would replace it. However to my surprise they stated that they could not replace the phone as it was purchased in another country and the models vary slightly from country to country for the same model of iPhone, which I know is true.

The phone was sold with a 3 pin UK plug and there was no reference to the origin of purchase on the advertisement. It is exactly 31 days since I originally purchased the item and to be honest I would like a full refund for the item, if possible, as I may now struggle to insure the item and get the item repaired by Apple in the UK. Regardless of the phone only actually being 2 months old!

So my question is am I entitled to a refund by law or does it all depend on Cash Converters policies?

Thanks in advance!

marliepanda

If you want Apple to replace or repair (for free), buy from Apple. They won't replace or repair for free items bought from Cash Converters. Kinda odd that you expected that.

You should have taken it back to CC as soon as you started experiencing issues, not to Apple. Within the first 30 days you could have rejected for a refund by law, now you're just over.

Why would you not be able to insure the phone? Insurance is for loss/theft/accidental damage, not faults usually.

LilElvis

Apple just love to say "of course we would have replaced it but ..... insert - its a grey import/ purchased elsewhere/ second hand".

Your rights are with the seller, not Apple, so ask them to fix it. A refund is unlikely to happen, but you can always ask.

macman

After 30 days,under SOGA, the retailer can replace, repair or refund-their choice.

boo_star

LilElvis wrote: »

Apple just love to say "of course we would have replaced it but ..... insert - its a grey import/ purchased elsewhere/ second hand".

Your rights are with the seller, not Apple, so ask them to fix it. A refund is unlikely to happen, but you can always ask.

Apple say it because it's true. Their customer service policy is second to none.

If the OP had bought the phone from Apple they'd have walked out of an Apple Store with a replacement within five minutes.

MOPI

Hi thanks to everyone that has replied!

My argument is that the item was not as described as it would be reasonable for me to presume that the phone was a UK model due to purchasing from a UK seller and there being NO information in the description to suggest otherwise.

I agree with a post above I respect Apple's response and don't hold them to blame. I know that they only do like for like replacements and the guy in the shop was attempting to replace the handset until he realised that the option to replace was not available and the penny dropped.

I'm not sure if legally I was wrong to 'presume/logically conclude' that the item would be of UK origin. However upon reviewing the original advert it sates that the phone comes with the original charger, with the charger provided being a 3 pin UK plug! Therefore I would say that they have knowingly/unknowingly misled me.

In terms of the issues that arise from this handset being of Hong Kong origin include that I would be unable to receive support from my UK mobile operator as they do not support this particular model. Also rightly or wrongly the warranty is rendered pretty much useless. Also on a personal level I would have never purchased the handset if I had known this prior to placing my order.

boo_star

MOPI wrote: »

Hi thanks to everyone that has replied!

My argument is that the item was not as described as it would be reasonable for me to presume that the phone was a UK model due to purchasing from a UK seller and there being NO information in the description to suggest otherwise.

I agree with a post above I respect Apple's response and don't hold them to blame. I know that they only do like for like replacements and the guy in the shop was attempting to replace the handset until he realised that the option to replace was not available and the penny dropped.

I'm not sure if legally I was wrong to 'presume/logically conclude' that the item would be of UK origin. However upon reviewing the original advert it sates that the phone comes with the original charger, with the charger provided being a 3 pin UK plug! Therefore I would say that they have knowingly/unknowingly misled me.

In terms of the issues that arise from this handset being of Hong Kong origin include that I would be unable to receive support from my UK mobile operator as they do not support this particular model. Also rightly or wrongly the warranty is rendered pretty much useless. Also on a personal level I would have never purchased the handset if I had known this prior to placing my order.

I think you're grasping. The site didn't specify a UK model and I don't think you'll get very far with the charger argument.

There's only one way to find out though, small claims.

POPPYOSCAR

What have Cash Converters said?

MOPI

Nothing yet, I am waiting for them to reply, hopefully will receive a response tomorrow.

LilElvis

The Apple warranty would have been void in any case as, unless it explicitly allows it to be transferred, their obligations would be to the original purchaser.

MOPI

According to Apple the warranty is transferable and is primarily associated with the handset and not necessarily the customer.

I will wait to see what CC reply with.