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  • FIRST POST
    • Kizon
    • By Kizon 16th Apr 18, 11:28 PM
    • 6Posts
    • 0Thanks
    Kizon
    Consumer Law for iPhone 6
    • #1
    • 16th Apr 18, 11:28 PM
    Consumer Law for iPhone 6 16th Apr 18 at 11:28 PM
    I bought an iPhone 6 from the Apple website on release, in September 2014. Around June 2015 I noticed that it had a slight bend(at the time the iPhone 6 was known to be bendy) in it so I took it into the Apple store and they replaced it for free, because it was in warranty.

    Recently I upgraded to iOS 11.3 and this made my Touch ID and home button not work. This seems to be an issue with repaired devices and it was the the first question the Apple store employees asked, was whether I had it repaired. I've contacted Apple and they say that I'm covered under consumer law for a repair but not for a refund.

    When I had the original repair, I explained to the Apple Store 'Genius' that I just used it normally and it bent, probably because it was in my pocket. I believe this to be normal and as advertised use of the phone. They put down accidental damage and at the time I didn't think anything of it (I presume they have a list of options to choose from and this may have seemed the most appropriate). But I believe that my phone should not bend (and therefore make it defective) when I put it in my pocket so I believe that Apple are at fault here. Apple are definitely at fault with the defective home button.

    From my perspective I haven't broken the phone and both instances were Apple's fault, whether direct or indirectly.

    Does anyone know where I stand legally?

    Also, the problem seems to have arisen because it was repaired/replaced in the first place. So if they repair/replace it again, won't it just break again and where do I stand if this is the case?

    Thanks
Page 1
    • Money_Grabber13579
    • By Money_Grabber13579 16th Apr 18, 11:51 PM
    • 2,876 Posts
    • 1,387 Thanks
    Money_Grabber13579
    • #2
    • 16th Apr 18, 11:51 PM
    • #2
    • 16th Apr 18, 11:51 PM
    But you haven!!!8217;t had it repaired, have you? It!!!8217;s been replaced, so should the answer to their question not be no and then you can see where that takes them?
    Northern Ireland club member No 382
    • Kizon
    • By Kizon 16th Apr 18, 11:54 PM
    • 6 Posts
    • 0 Thanks
    Kizon
    • #3
    • 16th Apr 18, 11:54 PM
    • #3
    • 16th Apr 18, 11:54 PM
    When Apple 'replaces' a phone the replacement phone is most likely one that has been refurbished and so I can only presume that the refurbished phone has been repaired before it got to me.
    • neilmcl
    • By neilmcl 17th Apr 18, 8:31 AM
    • 10,943 Posts
    • 7,761 Thanks
    neilmcl
    • #4
    • 17th Apr 18, 8:31 AM
    • #4
    • 17th Apr 18, 8:31 AM
    They're not breaching your statutory rights by offering another repair, and as your rights are covered by the Sale of Goods Act then in realty they can repair it as many times as they wish.
    • neilmcl
    • By neilmcl 17th Apr 18, 8:35 AM
    • 10,943 Posts
    • 7,761 Thanks
    neilmcl
    • #5
    • 17th Apr 18, 8:35 AM
    • #5
    • 17th Apr 18, 8:35 AM
    But I believe that my phone should not bend (and therefore make it defective) when I put it in my pocket so I believe that Apple are at fault here.
    Originally posted by Kizon
    It depends. The simple act of having your phone in your pocket then maybe, but having it in your back pocket and sitting down with it there then it could be argued that you contributed to it bending in the first place.
    • Kizon
    • By Kizon 17th Apr 18, 11:43 AM
    • 6 Posts
    • 0 Thanks
    Kizon
    • #6
    • 17th Apr 18, 11:43 AM
    • #6
    • 17th Apr 18, 11:43 AM
    Front pocket only.
    • zx81
    • By zx81 17th Apr 18, 11:47 AM
    • 16,803 Posts
    • 17,812 Thanks
    zx81
    • #7
    • 17th Apr 18, 11:47 AM
    • #7
    • 17th Apr 18, 11:47 AM
    I believe that when you sit down, your body bends both at the front and the back.
    • Kizon
    • By Kizon 17th Apr 18, 12:52 PM
    • 6 Posts
    • 0 Thanks
    Kizon
    • #8
    • 17th Apr 18, 12:52 PM
    • #8
    • 17th Apr 18, 12:52 PM
    I believe that when you sit down, your body bends both at the front and the back.
    Originally posted by zx81
    Isn't it more a factor of your weight putting pressure on the phone, allowing it to buckle at it's pressure points, if it is in the back pocket, rather than how much your body bends. Either way, the phone will be roughly parallel with your almost flat leg in the front pocket, whereas it could be forced to follow the curvature of your bottom, by the material of the trouser, at the back.
    • TadleyBaggie
    • By TadleyBaggie 17th Apr 18, 1:37 PM
    • 2,740 Posts
    • 2,078 Thanks
    TadleyBaggie
    • #9
    • 17th Apr 18, 1:37 PM
    • #9
    • 17th Apr 18, 1:37 PM
    The bottom line (pun intended) is the iPhone 6 does not bend on its own, it requires an external force. The problem is the frame of the 6 is made of soft aluminium, this was improved on the 6s which had a stiffer frame.
    • indesisiv
    • By indesisiv 17th Apr 18, 2:11 PM
    • 5,642 Posts
    • 18,572 Thanks
    indesisiv
    The bottom line (pun intended) is the iPhone 6 does not bend on its own, it requires an external force.
    Originally posted by TadleyBaggie
    The bottom line is that this phone was bought in September 2014 ... take what ever you can get to get it fixed. Even after you had it "fixed" the first time you've had 3 years with the phone.
    I don't see why they would have to support something where you broke it in the first place causing the original fix.

    Oh and for testing put a small plastic ruler in your front pocket and then sit down ... you will find it doesn't sit flat to your leg but shatters....
    “Time is intended to be spent, not saved” - Alfred Wainwright
    • boatman
    • By boatman 17th Apr 18, 3:05 PM
    • 3,899 Posts
    • 2,790 Thanks
    boatman
    https://www.tenorshare.com/ios-11/touch-id-not-working-on-iphone-ipad-after-ios-11-update.html

    Have you tried the fixes?
    • Kizon
    • By Kizon 17th Apr 18, 4:36 PM
    • 6 Posts
    • 0 Thanks
    Kizon
    Have you tried the fixes?
    Originally posted by boatman
    Thanks but the Apple technician on the phone ran diagnostics and already confirmed that there was a fault. I've tried some of the fixes nonetheless and it didn't help.
    • Lagamorph
    • By Lagamorph 17th Apr 18, 5:50 PM
    • 18 Posts
    • 4 Thanks
    Lagamorph
    I'm not sure what your query/problem is. Are you wanting them to refund you for a 4 year old phone?
    From reading your post they're offering a repair aren't they? Why don't you want to take up the offer?

    Any kind of refund could also be reduced from the full purchase price due to the time you've had the phone, at best you'd get maybe a quarter of the purchase price back as a refund.
    • Kizon
    • By Kizon 17th Apr 18, 5:54 PM
    • 6 Posts
    • 0 Thanks
    Kizon
    I'm not sure what your query/problem is. Are you wanting them to refund you for a 4 year old phone?
    From reading your post they're offering a repair aren't they? Why don't you want to take up the offer?

    Any kind of refund could also be reduced from the full purchase price due to the time you've had the phone, at best you'd get maybe a quarter of the purchase price back as a refund.
    Originally posted by Lagamorph
    Thanks for the competent reply and not being sarcastic like many others. I just wanted to know where I stand because the guys from Apple didn't seem to know and there seemed to be some grey area. That's been cleared up now.

    The guys from Apple told me that I was covered by Consumer Law even though that law didn't come into effect until after I had bought the phone and got it repaired/replaced so i was just confused.
    • anmarj
    • By anmarj 17th Apr 18, 10:02 PM
    • 1,638 Posts
    • 1,287 Thanks
    anmarj
    Thanks for the competent reply and not being sarcastic like many others. I just wanted to know where I stand because the guys from Apple didn't seem to know and there seemed to be some grey area. That's been cleared up now.

    The guys from Apple told me that I was covered by Consumer Law even though that law didn't come into effect until after I had bought the phone and got it repaired/replaced so i was just confused.
    Originally posted by Kizon

    well before that it was called the Sales of Goods Act I am suprised they did not know that.
    mummy to one

    "A little knowledge is a dangerous thing"
    • d123
    • By d123 17th Apr 18, 10:09 PM
    • 7,219 Posts
    • 4,658 Thanks
    d123
    The guys from Apple told me that I was covered by Consumer Law even though that law didn't come into effect until after I had bought the phone and got it repaired/replaced so i was just confused.
    Originally posted by Kizon
    If you had bought it from Apple they would have replaced it under the description of "Consumer Law" on their system which is probably why they described it like that (even when SoGA was in force Apple still called it "consumer law").

    ====
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