Vodafone

glentoran99

I've been lucky enough with Vodafone until now, Now I feel its a big wind up, iPhone not working, outside of 1 year warranty, refusing to help, despite the EU consumer law stating 2 years, Apple confirmed it should be covered under this from point of purchase, had it been bought directly from them it wouldn't even be an issue, would have been replaced there and then.


and to top it all off customer services try to contact me ON THE BROKEN PHONE, despite being given alternative contact numbers, Live chat wanted to text me a number access my account TO MY BROKEN PHONE

fleshandbone

I hear nothing but bad things about Vodafone.

Ectophile

One good thing that will come out of Brexit is that people will stop referring to the mythical EU consumer law that gives you 2 years' warranty on everything you buy. It doesn't exist.

The Sale of Goods Act applied one year ago. For new purchases, it's the Consumer Rights Act.

glentoran99

Ectophile wrote: »

One good thing that will come out of Brexit is that people will stop referring to the mythical EU consumer law that gives you 2 years' warranty on everything you buy. It doesn't exist.

The Sale of Goods Act applied one year ago. For new purchases, it's the Consumer Rights Act.

Consumer rights act and EU law are separate things, apple confirmed this, the eu legislation does exist look it up,


http://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm


Free of charge, 2-year guarantee (legal guarantee)

Under EU rules you always have the right to a minimum 2-year guarantee at no cost.
This 2-year guarantee is your minimum right. National rules in your country may give you extra protection: however, any deviation from EU rules must always be in the consumer's best interest.

If goods you bought anywhere in the EUIn this case, the 28 EU member states + Iceland, Liechtenstein and Norway
turn out to be faulty or do not look or work as advertised, the seller must repair or replace them free of charge or give you a price reduction or a full refund.

As a general rule, you will only be able to ask for a partial or full refund when it is not possible to repair or replace the goods.




Regardless of that fact, it was sold under a two year contract.


Must be fit for purpose and last a reasonable length of time, two years is reasonable

agrinnall

But both SOGA and CRA give you the same rights as the EU regulation but for 6 years rather than 2. The CRA is the current UK implementation of the EU regulations, so Apple (as I would probably expect) are talking boll0cks.

glentoran99

agrinnall wrote: »

But both SOGA and CRA give you the same rights as the EU regulation but for 6 years rather than 2. The CRA is the current UK implementation of the EU regulations, so Apple (as I would probably expect) are talking boll0cks.

You might think that, but if bought directly from them the replace free of charge within two years

The consumer rights act differs slightly in proving when fault occured

agrinnall

Well, we're still in the EU, feel free to assert your 2 year rule rights with Vodafone, and we'll see how you get on.

glentoran99

Well im arguing on a couple of fronts, as said above the consumer rights act should apply, regardless of different EU wording. A phone sold on a two year contract should last two years.

agrinnall

But you bought over a year ago, so it's SOGA that applies not CRA, best to get your argument straight before you make it.

glentoran99

agrinnall wrote: »

But you bought over a year ago, so it's SOGA that applies not CRA, best to get your argument straight before you make it.

Surely the sale of good act has been superceeded, Regardless same thing applies to both, Fit for purpose, and to last a reasonable length of time

esuhl

I'm not overly familiar with the new consumer legislation, but I believe the basic rights of the Sale of Goods Act (SOGA) still exist under the new act.

The SOGA said that goods must last for a "reasonable" amount of time, up to a maximum of six years. I believe the retailer can choose to repair the phone, replace it with one in a similar condition (i.e. secondhand), or issue a partial refund (the value of which will be based upon how much use you have had from the device, and how long it would be "reasonable" to expect it to last -- to a maximum of six years).

So, if an iPhone would be expected to last 5 years, and you'd had it 2 years, you would be refunded 3/5ths of the original price. Although... that's complicated because you didn't buy it outright.

Anyway, these SOGA terms only applied to inherent faults, not normal wear-and-tear, etc. In the first six months, it's up to the retailer to prove that any fault is not inherent. After that, you'd need to get an independent engineer's report stating that the product has been found to have an inherent fault.

As above, I imagine the SOGA would apply to you, as that's what was in force at the time.

If you need to, you can check the terms of the Sale of Goods Act here:
http://www.legislation.gov.uk/ukpga/1979/54

And the Consumer Rights Act here:
http://www.legislation.gov.uk/ukpga/2015/15/contents/enacted