Faulty iPhone 6+ - Consumer Law

[Krismcinnes1]

Hi,

Having issues with an IPhone 6+ which is just over its 12 month warrenty period. Had it at Apple yesterday and it's a manufacturing issue, as the phone it's self wasn't caused by accidental damage, my insurance will not pay out. Apple them told me to contact vodaphone as the phone is covered under European Consumer Law for two years after the purchase date:

http://www.apple.com/uk/legal/statutory-warranty/

Went down to my local store and was greeted and they had no clue about it, basically said that there's nothing they can do. After being a customer for the best part of a decade and have two contracts totalling over £100 per month if this is not resolved i will be taking my custom elsewhere.

[kids]

Rights under the EU Consumer Law are a very grey area and have arisen many time on these boards and even Trading Standards have been unwilling to take on cases using that law.

The problem is that after the first six months it is down to the purchaser to prove that the defect was there at the point of sale which is why Apple themselves are able to avoid replacing phones under that law.

To even get Vodafone to consider that they have a legal obligation to replace your phone you would need to have a written technical report from Apple stating the the fault was there when you purchased the phone.

Both Apple and Vodafone only give a one-year warranty on iPhones with the option to purchase a further year of warranty from Apple within the first 9 months of the sale. 

[BandOfBrothers]

Hi @Krismcinnes1

Over time I've seen quite a lot of posts similar to yours in where the iPhone is past the 12 months warranty and no Apple Care+ was taken out. 

Regarding purchasing Apple Care+ 

"Purchase AppleCare+ with your new iPhone. Or buy it within 60 days of your iPhone purchase:"

For the owner then to have the information highlighted as per your  link. The onus is on you to prove the issue existed within a certain timeframe. I've yet to see something successful reported back

You could speak to Citizens Advice who give free advice. I've used them before and proved to be exemplary. Some believe they are not a place for good advice. A solicitor in this field could help. 

Can you say what issues your experiencing ?

I've personally seen an Apple Genius sort out an issue for a few customers if the device is just over 12 months old as a goodwill gesture. It could be worth trying again with another member of staff and or seek assistance via apples online chat. 

Apple do offer out of warranty options but at a cost. Out of Warranty Apple Link.

[neukenuk]

Its not even EU Consumer Law, its UK Consumer Rights Act 2015 which superseded and incorporated Sale of Goods Act 1979. 

Indeed I had the same issue with with the iPhone 6+ handset where you get the grey flickering screen of death caused by a chip inside the device that becomes dislodged. Apple agree that it is a manufacturing issue but because we didn't buy the device from them directly they wont replace it free of charge, but if you did buy from Apple directly they replace it under a Consumer Law claim but alas we have to go to Vodafone as that is where the relationship resides as per the device. 

I completely agree with you that no one in the store, or even alot of the customer service team knows how to handle Consumer Rights claims because they are told to day by default "Your phone is out of warranty" you need to pay for repair. I even had one say to me "You agreed to the terms and conditions" and to ignore what it say on the website about Consumer Law: https://support.vodafone.co.uk/Account-bill-and-top-up/Lost-stolen-and-damaged/Repairs/48008960/If-m... .

She seemed to change her tune when I said "In that case I can ignore your terms and conditions and ask for a refund as I can ignore what it says on the website when I purchased the phone from you, however UK law overides your Terms and Conditions."

Vodafone seem to have a problem in handling customer complaints with regards to this, they are going to charge me £355.15 for a replacement handset, and have been for days requesting them to remove the charge as it has been incorrectly applied to my account. Saving grace is that I have notes from Apple that says the device is extremely good condition and that it suffers from the manufacturing defect. If I am eventually billed for this, I will invoke Direct Debit Guarantee for refund until resolved.

I have spoken to at least 9 people and being passed from here there and everywhere; Billing, Insurance, Repair, Customer Services, you get lots of empathy but little action. 

Good job that I used my credit card to pay for the intial up front cost as this product was not fit for purpose and can do a claim on the card. 

[Colleen]

@neukenuk It's disappointing to hear what's happened.

We'll need to access your account to look into this for you. 

I've sent you a private message with details on how to contact us - we'll be in touch as soon as possible.