Right to have a replacement

Juliette100

I recently bought an Apple iPhone from a very large provider - not Apple direct.  Within 12 weeks the phone is doing all sorts of odd things - changing ring tones randomly, constantly freezing and this is getting worse to the point I can’t even shut down the phone.  The provider of the phone has dictated I have this repaired by them but this is hugely inconvenient as they said it could take up to 30 days and no interim phone will be provided meaning I’ll need to purchase something myself for the month.  Under the CRA 2015 can I demand a replacement for the above reasons. I feel bullied into a repair but this feels wrong as the item is only 12 weeks old and I purposely chose to by a new phone over a refurbished item yet 12 weeks in it will need to be fixed. 

Mark_d

CRA says you have to give the retailer one chance.

Changing ringtones randomly sounds like a software issue rather than hardware.  Have you tried doing a full reset of the device?

DullGreyGuy

After the 30 day short term right to reject has ended its basically the merchants decision if to repair, replace or refund. You can express a preference but they aren't obliged to honour it if another resolution is materially cheaper. 

The law however also states it must be done in a reasonable timeframe and without significant inconvenience to the customer.  It is clearly debatable if X days is "reasonable" or if it causes significant inconvenience or just some inconvenience. 

Thankfully I've a draw full of old phones so can always switch back in one of these scenarios 


If it is under a year old you can take it to Apple under its warranty rather than the retailer; they'll swap it out if they confirm a problem but the replacement isn't guaranteed to be brand new so you may want to stick to the retailer.

Juliette100

Thanks Mark. I’ve tried just about everything and it has gotten worse. I was unable to even shut down the phone using volume up and down etc and had to rely on Siri which was still working. 

Having a new phone fixed feels wrong. How can a phone need this so soon. 

Aylesbury_Duck

Juliette100 said:

Having a new phone fixed feels wrong. How can a phone need this so soon. 

They are incredibly complex and powerful devices and when mass-produced, there will always be some that have inherent flaws.

When you think about the processing power, graphical prowess, memory, camera, microphone, speakers and everything else that is crammed into something you can fit into your pocket and which gets significant use for many  hours a day, every day, it's incredible that almost all of them work flawlessly for years.  You've been unlucky, but it will get sorted.

Keep_pedalling

Do you have an Apple Store near you? If you do make an appointment at the Genius Bar for them to have a look at it. 

the_lunatic_is_in_my_head

Juliette100 said:

I recently bought an Apple iPhone from a very large provider - not Apple direct.  Within 12 weeks the phone is doing all sorts of odd things - changing ring tones randomly, constantly freezing and this is getting worse to the point I can’t even shut down the phone.  The provider of the phone has dictated I have this repaired by them but this is hugely inconvenient as they said it could take up to 30 days and no interim phone will be provided meaning I’ll need to purchase something myself for the month.  Under the CRA 2015 can I demand a replacement for the above reasons. I feel bullied into a repair but this feels wrong as the item is only 12 weeks old and I purposely chose to by a new phone over a refurbished item yet 12 weeks in it will need to be fixed. 

Hello OP

Whilst you have the right to a repair or replacement you aren't able to insist upon one or the other if it is disproportionate compared to the other. 

I think a view may be taken that replacing an expensive item is disproportionate to having it repaired.

You are correct it must be done within a reasonable time and without significant inconvenience but that's very subjective and if it were deemed such you move on to rejecting for a refund or a price reduction.  

As above they only get one chance to repair so if it comes back and still has issues you could then insist upon a refund. 

Which company did you buy from out of interest? 

Juliette100

John Lewis