iPhone 6s free battery replacement!

TheSmoothSalmon

Hi all,

I've recently seen on MSE that an amount of iPhone 6s' made within a period of 2 months have faulty batteries. I've called Apple and they have confirmed that mine is one. I've sent the phone to Apple to be replaced and they are insisting that I need to pay £127 for a new screen as there is a small crack in the bottom corner (which must be tiny as I hadn't even noticed it!) and there is a risk that when they take the screen off it could fully crack.

I've of course said no and insisted that they must pay for the new screen as they've sold me a faulty product. A few hours later I received a call saying that I need to receive the phone back from them unrepaired and take it to an authorised Apple reseller (Stormfront) and get there advise on my consumer rights. I've agreed to this for now and am waiting for my phone to be returned.

So... as I've been sold a faulty product, where do I stand with my consumer rights? At the moment I feel at ransom to Apple, 'pay us £127 for a new screen and then we'll replace the faulty battery that WE put on your phone'. This all hardly seems fair due to a 'risk' of the screen cracking and it's their mistake with the battery. If I'm sold a faulty product, surely they must replace it, even if there is a cost to do so, am I correct?

Any help would be very much appreciated!

Thanks, Simon

Fosterdog

You haven't been sold a faulty product, you've been sold a "potentially" faulty product, they are just being over cautious offering to modify any that may develop a particular fault, it doesn't mean that yours would definitely develop said fault.

They cannot physically access the battery without removing the screen, as the screen is already damaged it will almost certainly break completely when they try to remove it. Why should they then be liable to replace a screen that you have broken?

Your choices are pay for a new screen and they will sort the battery, or refuse to pay for the screen and they will refuse to sort the battery.

custardy

TheSmoothSalmon wrote: »

Hi all,

I've recently seen on MSE that an amount of iPhone 6s' made within a period of 2 months have faulty batteries. I've called Apple and they have confirmed that mine is one. I've sent the phone to Apple to be replaced and they are insisting that I need to pay £127 for a new screen as there is a small crack in the bottom corner (which must be tiny as I hadn't even noticed it!) and there is a risk that when they take the screen off it could fully crack.

I've of course said no and insisted that they must pay for the new screen as they've sold me a faulty product. A few hours later I received a call saying that I need to receive the phone back from them unrepaired and take it to an authorised Apple reseller (Stormfront) and get there advise on my consumer rights. I've agreed to this for now and am waiting for my phone to be returned.

So... as I've been sold a faulty product, where do I stand with my consumer rights? At the moment I feel at ransom to Apple, 'pay us £127 for a new screen and then we'll replace the faulty battery that WE put on your phone'. This all hardly seems fair due to a 'risk' of the screen cracking and it's their mistake with the battery. If I'm sold a faulty product, surely they must replace it, even if there is a cost to do so, am I correct?

Any help would be very much appreciated!

Thanks, Simon

I suppose you could give them written authority to replace the battery and any screen cracks are on you?

Fosterdog

custardy wrote: »

I suppose you could give them written authority to replace the battery and any screen cracks are on you?

The only problem with that is that any further screen damage could render the whole phone unusable, or if the already cracked bottom corner piece falls out it could leave the phone internals exposed. I really can't see any repair centre agreeing to that as it then leaves them open to accusations of deliberate damage or of whatever fault caused by the damaged screen not actually being because of the screen but because of something they have done wrong during the battery change.

Catswhiska

Apple would not sell you a product with a cracked screen. The phone is a few years old now. The amount of work involved in correctly replacing a cracked screen is quite something. My hubby is an Apple technician and they do this every day. Of course you could get both replaced elsewhere but it would probably be never right again.

TheSmoothSalmon

[QUOTE=Fosterdog;74058601]You haven't been sold a faulty product, you've been sold a "potentially" faulty product, they are just being over cautious offering to modify any that may develop a particular fault, it doesn't mean that yours would definitely develop said fault.[/QUOTE]

The product is faulty, Apple has admitted that the battery needs to be replaced due to a small piece within the battery being exposed to air for longer than it should have had, hence the issue. There is no safety risk but the product was sold in a sub-standard condition. I have taken the below from the Sales of Goods Act... does this not stand?

"Faulty goods replaced or repaired
You have the right to get faulty goods replaced or repaired if it's too late to reject them. You can state your preference, but the retailer can normally choose to do whatever would be cheapest.

Under the Sale of Goods Act, the retailer must either repair or replace faulty goods 'within a reasonable time but without causing significant inconvenience'.

If the seller doesn't do this, you're entitled to claim either:

• a reduction on the purchase price, or
• your money back, minus an amount for the usage you've had of the goods (called recision).

If the retailer refuses to repair the goods, and won't replace them either, you may have the right to arrange for someone else to repair your item, and then claim compensation from the retailer for the cost of doing this.

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

This guide to the Sale of Goods Act 1979 gives information about goods and services bought on or before 30 September 2015. For advice on goods and services bought on or after 1 October 2015, please see our guide to the Consumer Rights Act 2015."

custardy

TheSmoothSalmon wrote: »

The product is faulty, Apple has admitted that the battery needs to be replaced due to a small piece within the battery being exposed to air for longer than it should have had, hence the issue. There is no safety risk but the product was sold in a sub-standard condition. I have taken the below from the Sales of Goods Act... does this not stand?

"Faulty goods replaced or repaired
You have the right to get faulty goods replaced or repaired if it's too late to reject them. You can state your preference, but the retailer can normally choose to do whatever would be cheapest.

Under the Sale of Goods Act, the retailer must either repair or replace faulty goods 'within a reasonable time but without causing significant inconvenience'.

If the seller doesn't do this, you're entitled to claim either:

• a reduction on the purchase price, or
• your money back, minus an amount for the usage you've had of the goods (called recision).

If the retailer refuses to repair the goods, and won't replace them either, you may have the right to arrange for someone else to repair your item, and then claim compensation from the retailer for the cost of doing this.

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

This guide to the Sale of Goods Act 1979 gives information about goods and services bought on or before 30 September 2015. For advice on goods and services bought on or after 1 October 2015, please see our guide to the Consumer Rights Act 2015."

Did you buy direct from Apple?

TheSmoothSalmon

custardy wrote: »

Did you buy direct from Apple?

That is a very good point... I bought it from EE, 24-month contract which had now expired.

Catswhiska

The battery degraded but the screen would have been perfect when bought new. They cannot risk replacing the battery with a damaged screen!

bris

You still don't get it, the screen will break if they remove it, put the screen back to how it was when sold to you and they will fix it.


You're banging your head against a brick wall and the only one to get hurt is you.


You can quote all the rights you want but until you actually understand them they are no good to you.


Give CAB a call they will explain your consumer rights.

JJ_Egan

TheSmoothSalmon wrote: »

That is a very good point... I bought it from EE, 24-month contract which had now expired.

The vendor is responsible under the SOGA you quote not Apple .

Take it to the vendor and see what they say .
But as its potentially not actually and also damaged ,you will have the same result more than likely .