Apple refusing consumer rights on faulty phone

yellowelise

Consumer law question.
Product iPhone purchased in Oct 2014 from Apple store
Item replaced at same Apple store FOC under consumer rights in March 2016 due to software fault.
Replacement product failed with same software fault as original this week.
Original store where purchased has now stated consumer law/goods of sale act cannot apply as we did not purchase the replacement iand its warranty has run out (by days).
That will be £150 to repair the phone sir!

Is this correct? I believed that once any manufacturer warranty expired then my original rights still applied?

Browntoa

Warranty does not restart for a replacement , original purchase date applies

custardy

and if you step back. The phone is now 3.5 years old.
It is 2 years since it was replaced.
so is 3.5 years a reasonable life expectancy? if not then how much is that phone worth in working condition?

bris

They are right, but also hypocrites.


When ever any one else sells an Apple product they tell them about their consumer rights and how if you bought it from them they would help etc, but they just fob you off back to the retailer.


You need an independent report now stating it has an inherent fault, good luck with that. Time to buy a new phone.

theonlywayisup

bris wrote: »

They are right, but also hypocrites.


When ever [sic] any one else sells an Apple product they tell them about their consumer rights and how if you bought it from them they would help etc, but they just fob you off back to the retailer.

Consumer rights are with the retailer. Apple is correct to refer a non Apple store purchase to the retailer.

I understand from the OP that the item was purchased direct from Apple, in an Apple store anyhow. Op, you need to understand the difference between your consumer rights and a guarantee. They are different, albeit on this occasion (for you) they are given by the same provider - Apple. If you buy from the Apple store, the store is the one to go to with consumer rights claims. The company, Apple, is the one providing the guarantee.

bris wrote: »

You need an independent report now stating it has an inherent fault, good luck with that. Time to buy a new phone.

The OP bought under SOGA.

TadleyBaggie

Curious to what inherent software fault requires a device replacement?

George_Michael

theonlywayisup wrote: »

Consumer rights are with the retailer. Apple is correct to refer a non Apple store purchase to the retailer.

I understand from the OP that the item was purchased direct from Apple, in an Apple store anyhow.

But the OP purchased the original phone from an Apple store and it was this same Apple store that provided the replacement under the OP's consumer rights.
This is also the same store that has now told the OP that their SOGA rights no longer apply on the replacement phone.

Fosterdog

theonlywayisup wrote: »

Consumer rights are with the retailer. Apple is correct to refer a non Apple store purchase to the retailer.

I understand from the OP that the item was purchased direct from Apple, in an Apple store anyhow. Op, you need to understand the difference between your consumer rights and a guarantee. They are different, albeit on this occasion (for you) they are given by the same provider - Apple. If you buy from the Apple store, the store is the one to go to with consumer rights claims. The company, Apple, is the one providing the guarantee.

But what bris is getting at is that if you buy from another retailer but take something back to Apple they always say if you had bought directly from them, even a few years ago, they would swap the product straight away and the only reason they can't is because it was purchased elsewhere. They say that they give better service to their own direct customers than they do to others. Yet quite often when you actually buy directly from them you do not see the fantastic service they say they have and instead insist you jump through the same hoops as if you'd bought it elsewhere.

They are not legally obliged to do anything until an inherent fault is proven but that is not what they often tell people.

George_Michael

Browntoa wrote: »

Warranty does not restart for a replacement , original purchase date applies

True but this doesn't detract from the fact that someone in the store has either lied or simply doesn't understand that the OP's legal SOGA rights still apply irrespective of the original phone having been replaced.

custardy

George_Michael wrote: »

True but this doesn't detract from the fact that someone in the store has either lied or simply doesn't understand that the OP's legal SOGA rights still apply irrespective of the original phone having been replaced.

What rights would they be for a person standing in the store with a (effectively)3.5 year old phone?

aninvasion

bris wrote: »

They are right, but also hypocrites.


When ever any one else sells an Apple product they tell them about their consumer rights and how if you bought it from them they would help etc, but they just fob you off back to the retailer.


You need an independent report now stating it has an inherent fault, good luck with that. Time to buy a new phone.

In my experience Apple have been more than willing to help with a product regardless of where it is purchased from as long as you provide a proof of purchase.

They tend to have some of the best customer services out there as long as you book a genius appointment.