Iphone replacement broken - No consumer rights?

icepick66

Hi There,

I originally brought an IPhone from Argos, which I used for about 7 months before the battery failed, that phone was replaced under warranty by stormfront (Authorised apple retailer), 5 months later (13 months from original purchase date) this phone has developed a hardware issue as well.

Storefront inform me the replacement phone is only covered for 90 days, so they tell me its a chargeable fix.

I query that my consumer rights should entitle me to a repair or replacement as the phone is under 6 months old and has not lasted a reasonable amount of time.

They told me a consumer contract was never formed as 'money did not change hands', so I don't have any consumer rights on the replacement device.

Am I being told correctly? I assumed a consumer contract would be established under the transfer of goods clause, after all Its their phone that has stopped working!

powerful_Rogue

Did you contact Argos originally who directed you to SF?

pmduk

You've caused yourself issues as I see it. Your consumer rights were initially with Argos as the retailer, but you chose to ignore these. You no longer have the phone Argos supplied so you're stuck with whatever Stormfront choose to give you.

ETA You never have had consumer rights with Stormfront, so you can't exactly dispute these with them.

marliepanda

The 6 months and your warranty/guarantee periods do not get reset with each replacement, you are now 13months since purchase regardless of what handset that is.

Unsure as to why Stormfront got involved...

unholyangel

Was it actually replaced under warranty by apple (regardless of who they chose to do it) or was it more of an unofficial replacement where you swap your current handset for a refurb?

If it genuinely was replaced under warranty then you should be able to go back to argos as the warranty formed part of the contract at the time of purchase and a guarantee/warranty cannot operate as an exclusion clause.

If it wasn't genuinely replaced under warranty then its likely your contract is with the third party - a contract doesn't require money, only consideration and your consideration would have been your original phone while theres would be the phone you currently have.

its_all_over

Stormfront is an authorised Apple service centre and retailer, any replacements would be done as Apple warranty service.

bris

Who sent you to this Storefront, was it Argos? If so your rights still lie with Argos. If not then you no longer have rights.


Even though you only got the phone 5 months ago it does not reset the clock, as far as the law is concerned it's 13 months old so out of warranty.

pmduk

As so often these days, the OP hasn't returned since posing the question.