Rights of Big Companies

neeMaidment

Manxman_in_exile said:

It'll be interesting if the local Apple store provides a report saying that their product was inherently faulty when the OP purchased it from Tesco(!).

@neeMaidment -  on a more general point, a retailer can't make you "contract" out of your statutory consumer rights, whether you sign anything or not, or whether there is a warranty or not.  You cannot have those rights taken away from you and you can't give them away by signing anything.

But in this case - as @MarvinDay has pointed out - because the 'phone is more than 6 months old you need to produce some sort of evidence that the 'phone was either inherently faulty or had a latent defect when you bought it.

So get a report from the Apple store saying that.   (Good luck, by the way... )

That was my instinct so thank you for the clarity

neeMaidment

the_lunatic_is_in_my_head said:

OP I would advise you write to Tesco head office, they'll hopefully offer you a reduced refund in exchange for the return of the phone.

Whilst you do need to articulate on the balance of probability that the goods did not conform at the time of delivery and this is usually done via an independent inspection, Tesco haven't asked you for this yet, they've merely mislead you about your rights  (assuming correct account of conversation with Tesco).

For the cost of a stamp send a letter Your position is that the goods do not conform to the contract in terms of durability as they have failed before their time and the manufacturer has confirmed this is not due to user error or misuse. 

If they do request you show such see what the Apple store will put in writing for you, anything with their name on it and confirmation you didn't damage the phone will do, the exact cause isn't necessary in my opinion for two reasons, small claims is balance of probability, Tesco are not going to go through the small claims process over an item of such relatively small value. 

Really helpful advice thank you