Do we have to exchange refund/phone for customer?

the_lunatic_is_in_my_head

Jonboy_1984 said:

Where this gets very messy as with all hardware/software issues is that the retailer have seemingly sold a working item and the customer “allowed” an update from Apple after the sale, that the retailer cannot control, and has seemingly caused the issue. This means it was not an inherent fault when the item was sold.

I would assume it should taken that hardware that has expected future updates should be required, to an extent, to be capable of functioning with said updates.

Okell

the_lunatic_is_in_my_head said:

Jonboy_1984 said:

Where this gets very messy as with all hardware/software issues is that the retailer have seemingly sold a working item and the customer “allowed” an update from Apple after the sale, that the retailer cannot control, and has seemingly caused the issue. This means it was not an inherent fault when the item was sold.

I would assume it should taken that hardware that has expected future updates should be required, to an extent, to be capable of functioning with said updates.

It could be argued that it was an implicit term of the contract.  Otherwise the purchase price should be reduced

Kim_13

With Apple, there isn't a second year warranty (there is AppleCare+, but had he paid for that coverage, Apple would no doubt have dealt with it rather than directing him back to the retailer.) My understanding is that there is an option to purchase this cover from within the phone's menu (I think within 90 days of purchase) regardless of where it was purchased from. 

As there is only a 1 year warranty on iPhones, the phone is out of warranty and he must rely on his consumer rights which say that the phone must be fit for purpose. If he has only tried to install an Apple software update, and not jailbroken the phone or anything, then I would be of the view that the phone is not fit for purpose as it ought to at least last for the length of the contract it was bought on. However, the onus is on him to prove this as it's been more than 6 months since he bought the phone. He will need to get Apple to put in writing what he claims they have told him and the store should then take it from there depending upon the contents of that report. There will be a cost to this, so that's probably why he's hoping that someone in the shop thinks he knows his rights and will just repair/replace. Some customers do know their rights and that will become apparent if staff research as you have, but this particular customer has made himself look a fool.