mobile phone warranty

jobe1972

Hi i just need some advice as i have read alot and it seems to contradict itself .i recently got a reminder that my manufacturers warranty is about to expire from EE for a iPhone and to take out a extended warranty..now my question is do i need too? the contract is the standard two year one as are most now.
now i was always under the impression that for the life of the contract period the phone was covered after all it has to be sold fit for purpose and if it breaks it isnt doing that..

i know there was a eu directive to say things had to have a minimum warranty of 2 years but its only a directive not law and that confusion is on dozens of forums as to how much it can be upheld..

i know the the sales of goods ct was changed and that covers you for up to 6 years to report and expect action to be taken on a fault if you can prove it was faulty at time of purchase..

to me the EU directive is better because you dont have to prove the fault was already there but the SOGA you do...so does anyone know what your actual rights are when a phone runs out of its manufacturers warranty period

d123

jobe1972 wrote: »

Hi i just need some advice as i have read alot and it seems to contradict itself .i recently got a reminder that my manufacturers warranty is about to expire from EE for a iPhone and to take out a extended warranty..now my question is do i need too? the contract is the standard two year one as are most now.
now i was always under the impression that for the life of the contract period the phone was covered after all it has to be sold fit for purpose and if it breaks it isnt doing that..

Your contract is for provision of services, not the handset.

i know there was a eu directive to say things had to have a minimum warranty of 2 years but its only a directive not law and that confusion is on dozens of forums as to how much it can be upheld..

There isn’t.

i know the the sales of goods ct was changed and that covers you for up to 6 years to report and expect action to be taken on a fault if you can prove it was faulty at time of purchase..

You can take action against the retailer, it isn’t as simple as warranty service though and could take going to court after commissioning an independent survey proving an inherent fault.

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to me the EU directive is better because you dont have to prove the fault was already there but the SOGA you do...so does anyone know what your actual rights are when a phone runs out of its manufacturers warranty period

As it doesn’t actually exist in UK law, it’s probably better to forget about it, as shouting at a retailer about a “2 year warranty under EU law” can make you look ignorant of the actual laws in place.

Your consumer rights are in terms of the CRA 2015.

http://blog.moneysavingexpert.com/2010/12/13/the-eu-goods-must-last-a-minimum-two-years-rule-is-a-myth/

This is the legal position you will be in after the 12 month warranty ends:

Six months or more

If a fault develops after the first six months, the burden is on you to prove that the product was faulty at the time of delivery.

In practice, this may require some form of expert report, opinion or evidence of similar problems across the product range.

You have six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland, and five years in Scotland.

This doesn't mean that a product has to last six years - just that you have this length of time in which to make a claim if a retailer refuses to repair or replace a faulty product.

http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act#six-months-or-more

jobe1972

is the provision of service a bit of a grey area seeing the higher the tarriff the cheaper the phone gets till its free wouldnt that imply your paying for partly each month...?

ty for clearing up the EU directive

sites like the following imply its law so hence the confusion

as a new user cant post the link but it says

Free of charge, 2-year guarantee (legal guarantee) for all goods

Under EU rules you always have the right to a minimum 2-year guarantee at no cost, regardless of whether you bought your goods online, in a shop or by mail order.

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 EU 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.

only post the above as it is what made me come here and its branded on so many forums glad to know its a myth cheers

d123

jobe1972 wrote: »

is the provision of service a bit of a grey area seeing the higher the tarriff the cheaper the phone gets till its free wouldnt that imply your paying for partly each month...?

ty for clearing up the EU directive

sites like the following imply its law so hence the confusion

as a new user cant post the link but it says

Free of charge, 2-year guarantee (legal guarantee) for all goods

Under EU rules you always have the right to a minimum 2-year guarantee at no cost, regardless of whether you bought your goods online, in a shop or by mail order.

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 EU 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.

only post the above as it is what made me come here and its branded on so many forums glad to know its a myth cheers

You’ll note in the link to Martins article the EU Directive was never brought into UK law as parliament felt the SoGA (as it was at the time) gave adequate protection.

It’s unfortunate as a 2 year warranty is easier to argue with a difficult retailer than the complicated process of obtaining independent verification of an inherent fault and taking it to court if the retailer is uncooperative.

While you are effectively paying for a handset as part of the contract, it’s not actually listed as such, in the same way that if you reach the end of your minimum term of the contract it doesn’t automatically get cheaper. If you look through your contract you’ll see it’s listed as £xx for services.

Edit

Here is what the current EE terms say:

Your monthly payment is for using mobile internet on your phone, for checking voicemail (including visual voicemail if you have an iPhone) and an allowance of minutes and texts.

http://ee.co.uk/content/dam/ee-help/help-pdfs/ee-pay-monthly-price-plans-may-2017.pdf

Frozen_up_north

A friend had an 18 month old iPad swapped under warranty while visiting Spain, no hassle, the Apple Store there said it was covered under a 2 year EU wide warranty. It was purchased from an Apple reseller in the U.K.

The wording on the official EU web site mentions an EU wide 2 year warranty on consumer goods. It doesn't make an exception for the UK, however a phone from EE isn't quite the same as one bought directly from Apple. As the retailer in the OPs case is EE, their potential warranty claim would be from EE in the U.K. Those of us who purchased directly from Apple have an EU wide Apple warranty that if "push comes to shove" could be utilised in mainland Europe via a cheap return flight... Although I've heard of Apple UK honouring a 2 year warranty here.

d123

Frozen_up_north wrote: »

A friend had an 18 month old iPad swapped under warranty while visiting Spain, no hassle, the Apple Store there said it was covered under a 2 year EU wide warranty. It was purchased from an Apple reseller in the U.K.

Yes, I know someone who did similar with an iPhone.

The wording on the official EU web site mentions an EU wide 2 year warranty on consumer goods. It doesn't make an exception for the UK, however a phone from EE isn't quite the same as one bought directly from Apple. As the retailer in the OPs case is EE, their potential warranty claim would be from EE in the U.K. Those of us who purchased directly from Apple have an EU wide Apple warranty that if "push comes to shove" could be utilised in mainland Europe via a cheap return flight... Although I've heard of Apple UK honouring a 2 year warranty here.

Apple will cover products for 24 months that they are the retailer for, my record was getting a 22 month old iPhone 5s replaced.

It’s actually a good reason for buying direct from Apple if buying outright. The exchange form they give you actually lists the warranty as “Consumer Law”.

Unfortunately if you’ve bought elsewhere they will tell you to take it up with your retailer.

gycraig_2

What is implied and the reality is completely different.

Try to take a phone back to most retailers are day out that 1 year warranty and you are on your own absolute nightmare of a process to get a replacement from Most retailers.

I wouldn't buy an apple product without some form of extended warranty

d123

gycraig wrote: »

What is implied and the reality is completely different.

Try to take a phone back to most retailers are day out that 1 year warranty and you are on your own absolute nightmare of a process to get a replacement from Most retailers.

I wouldn't buy an apple product without some form of extended warranty

Why single out Apple products when they are one of the few who are very good at consumer protection law relating to products they have sold?

They are exceptionally easy to deal with if its a warranty issue.

pmduk

But. I[URL="file://\\if"][/URL] you are in a two year contract and your ihone breaks in the thirteenth month you have to source a new handsetas Apple won't touch it. People tend not to realise that. I'm not aware of anoher manufacturer treats it's products like that.

d123

pmduk wrote: »

But. if you are in a two year contract and your ihone breaks in the thirteenth month you have to source a new handsetas Apple won't touch it. People tend not to realise that. I'm not aware of anoher manufacturer treats it's products like that.

Outside of whatever warranty you have you are reliant on your statutory rights, these will always rest with your retailer, never with the manufacturer (if they aren't the retailer). Apple will fulfil that obligation in the second year if they are the retailer.

I'm not sure why you would expect different? Apple offer a 12 month warranty, if you are buying from an alternative retailer or network then you need to either buy AppleCare (as you suggested) or expect to have to fight for your rights because most retailers are pretty bad at looking after consumer law warranty.