Defective iPhone - Purchased from Very
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SW1983
Posts: 16 Forumite
Hi,
I purchased an iPhone 7s Plus from Very in December which I have used without issue until yesterday when the home button stopped working. On attending an Apple Store Genius Bar they have advised that the home button is cracked but cannot offer a viable explanation as to how or why this could have happened as there is no damage anywhere else to the phone and therefore have deemed the phone defective. However as it was not purchased directly from Apple the repair would be at a cost to me (over £200) but as it is faulty and that I've had it such a short time frame and that it is faulty that Very should offer me a replacement/refund.
On contacting Very they have stated that it would be up to them to decide if this was a fault but which could be at a further cost to me should they deem it not to be. As I have stated to them, as relative 'laypeople' in comparison to Apple who have confirmed this as a fault, I would be concerned at returning it to them for them to make such a decision as to its defectiveness (when Apple have confirmed this).
I have tried dealing with this with them for the past day, with no resolution and them unwilling to escalate this to a supervisor/manager. I have also quoted the Sales of Goods Act to them (that a consumers can expect for the goods to be 'fit for the purpose they are intended', which by apples own admission, this is not and is a defect) which is being disregarded. It also seems any email addresses for 'higher management' in Very/Shop Direct have been taken out of service so I am somewhat at a stalemate as what to do next.
Can anyone advise as to what to do next or does anyone have contact information for any higher management within Very/Shop Direct.
Thanks in advance.
I purchased an iPhone 7s Plus from Very in December which I have used without issue until yesterday when the home button stopped working. On attending an Apple Store Genius Bar they have advised that the home button is cracked but cannot offer a viable explanation as to how or why this could have happened as there is no damage anywhere else to the phone and therefore have deemed the phone defective. However as it was not purchased directly from Apple the repair would be at a cost to me (over £200) but as it is faulty and that I've had it such a short time frame and that it is faulty that Very should offer me a replacement/refund.
On contacting Very they have stated that it would be up to them to decide if this was a fault but which could be at a further cost to me should they deem it not to be. As I have stated to them, as relative 'laypeople' in comparison to Apple who have confirmed this as a fault, I would be concerned at returning it to them for them to make such a decision as to its defectiveness (when Apple have confirmed this).
I have tried dealing with this with them for the past day, with no resolution and them unwilling to escalate this to a supervisor/manager. I have also quoted the Sales of Goods Act to them (that a consumers can expect for the goods to be 'fit for the purpose they are intended', which by apples own admission, this is not and is a defect) which is being disregarded. It also seems any email addresses for 'higher management' in Very/Shop Direct have been taken out of service so I am somewhat at a stalemate as what to do next.
Can anyone advise as to what to do next or does anyone have contact information for any higher management within Very/Shop Direct.
Thanks in advance.
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Comments
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SoGA no longer applies to b2c contracts since oct 2015. It was replaced by Consumer Rights Act (more or less the same as SoGA but some significant changes).
While apple may have told you its faulty, presumably they haven't given you anything stating it is inherently faulty (its very typical of apple when you dont buy from them direct). SoGA/CRA don't actually specify faulty goods, they cover goods which do not conform to contract. You drop a phone and smash it, its still faulty just not inherently so.
As its less than 6 months from purchase, its up to very to show the fault isn't inherent but they seem willing to do this so not entirely sure what the issue is?You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Yes, I guess your right that they have, but as stated their expertise in comparison to Apple are limited.
So what should I do if they deem it an not faulty but when Apple (the manufacturers of the product) have deemed it as so?0 -
Yes, I guess your right that they have, but as stated their expertise in comparison to Apple are limited.
So what should I do if they deem it an not faulty but when Apple (the manufacturers of the product) have deemed it as so?
Unless you get Apple to confirm what they told you in writing there's no point quoting what they said. It's meaningless.0 -
Op, did you read this bit?unholyangel wrote: »
As its less than 6 months from purchase, its up to very to show the fault isn't inherent but they seem willing to do this so not entirely sure what the issue is?0 -
Yes, I guess your right that they have, but as stated their expertise in comparison to Apple are limited.
Here is one of Sheldon's thoughts on the quality of the Apple 'Genius'. A search will reveal other clips with similar views
https://www.youtube.com/watch?v=MMry6QT4XY80 -
If the Apple genius had believed it was an inherent fault they would have arranged a repair or exchange without any cost to you, they only charge if it user damage or outside any warranty.
Very are unlikely to diagnose it themselves but will most likely send it to Apple for a diagnosis or repair, if they say it is user damage then Very won't have to do anything to help.
With the iPhone 7s the home button is not actually a button like it used to be on older models but is part of the screen, with haptic feedback to make it feel like it is being pressed (just try pressing one when turned off and you can feel there is no actual button) so if it is cracked then something is likely to have caused an impact to crack it.
The only chance you would have is if they can't prove damage then it is assumed an inherent fault at less than six months old.0 -
If the Apple genius had believed it was an inherent fault they would have arranged a repair or exchange without any cost to you, they only charge if it user damage or outside any warranty.
Only true if you've purchased direct from Apple! Otherwise you need to go through who you purchased it off.0 -
Only true if you've purchased direct from Apple! Otherwise you need to go through who you purchased it off.
Nope they quite often do it even if it was purchased elsewhere, we sell Apple products where I work and we often give customers with faulty items the option of us sending them away for repair or them making an appointment in the nearest Apple Store (which we help them make the online booking or let them use our phone to call) the ones who choose to go to the store usually get exchanges on the day, if it is the type of item they exchange rather than repair so phones, certain iPads and iPods. I'm pretty sure we'd have some very angry people coming back if they were all being charged for this.
My stepdaughter had a charging fault on her iPhone 6 when it was 8 months old and we took it into Apple and once they confirmed the fault swapped it for her (with a reconditioned model) even though it had been bought via mobiles.co.uk so not even one of the major retailers who they might have exchange contracts with.0 -
Apple are very good at this, they always claim, when not bought direct from them about your rights whilst having no liability, but when they do have the liability their tone changes.
Did you get this expert report from them in writing? No I know you didn't because they never put their claims in writing.0 -
Hi,
apologies for not replying sooner but have been away.
Just want to clarify some of the points posters have made. I will address each one as it was posted.0
This discussion has been closed.
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