Apple and Replaced iPhone - that went wrong too **REsolved At Store**?

[nuclearshark]

Hi There,

 

My sister has an iPhone 4S which was Replaced by Apple within the warranty period (Albeit only just). She was told that it would have 90 days warranty on the replacement handset and was sent on her way very happy indeed.

 

exactly 110 days later the replaced iPhone 4S completely died. Won't turn on, no output from the screen so back to the Apple Store to see what could be done.

 

As the iPhone was 20 days out of warranty, they wanted £129 out of a 16 year old girl to replace the handset. Pretty poor show if you ask me, but their rules were rules!

 

I am aware of the Sale of Goods Act as I am Self Employed and I am curious on the best way to proceed?

 

The original iPhone was replaced whilst it was still in warranty.

 

The replacement died 20 days after that period had ended.

 

Would this be grounds for "Unreasonable period of operational life for the product"

It died less than 4 months in service.

 

I am not paying £129 as the handset is insurance covered, but with an Excess I'd rather not go down that road either.

 

Could anyone suggest the best way to proceed please? Do you personally think that they are in breach of the Sale of Goods Act?

 

For the benefit of doubt. Handset was NOT: Jailbroken, Taken Apart, Dropped, Water Damaged and was always in a case which covered the screen also!

 

Thanks Caggers

[dx100uk]

simple SOGA case

 

NOTHING to do with ANY warranty.

 

they supplied it.

they are responsible under fitness rules to replace it.

 

end of!!

 

dx

[nuclearshark]

So what do you suggest? Letter to the store or back to the store tomorrow (They're open Bank Holiday) and quote the SOGA to the Shop Assista... oh sorry... Genius

[dx100uk]

there have been instances whereby an email or letter to the office of the Uk's ceo has gotten immediate

 

dx

[renegadeimp]

No wonder apple are the richest company on earth when they flout basic laws like this.

[nuclearshark]

Just sent off an e-mail to the CEO as suggested dx100uk.

 

Had an immediate response which was an out of office notification. Detailing urgent queries should be forwarded to the CEO' PA. So I forwarded the e-mail across to them... Now we play the waiting game. I'm not expecting them to work on Monday, so I have given them 8 days to response

 

Here is the e-mail I sent, Feel free to put it in the Template Library if you wish

 

Dear Sir,

 

I write to you today regarding my 16 year old sisters recent dealings with your colleagues in the Apple UK Retail Store in X, United Kingdom.

 

I provide my sister with an iPhone which is on Contract of which I am the account holder. She had her iPhone 4S replaced towards the end of the warranty period. She was further informed that she would have 90 days warranty on the new handset.

 

After 110 Days of operation, the replacement handset failed. She promptly took the iPhone to the Apple Retail Store in X of which is approximately X miles from her home address. It is also her closest store.

 

Upon arrival she was informed that the phone would not be replaced as it was out of warranty period by 20 days. She was quoted £129 for a replacement which was immediately declined and she left the store rather upset and disappointed.

 

She informed me of this matter to ask what I could do, hence this e-mail to you, As I am extremely disappointed that you appear to plainly be in breach of The Sale of Goods Act 1979. This act is a fundamentally basic retail law in the United Kingdom; of which your organisation have so callously shown blatant disregard.

 

The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described, of satisfactory quality and fit for purpose. As you are in breach of contract I am entitled to have my sisters iPhone 4S repaired or replaced and I would request that you confirm that you will do this within the next eight days.

 

I also require you to confirm whether you will arrange for the iPhone 4S to be collected or will reimburse me for the cost of returning it. In the latter case, this will be cost of a Standard Class Return Rail Fare of £x.xx + £25.00 for my time to travel to the Apple Retail Store during UK Business Hours.

 

I look forward to receiving your satisfactory proposals for settlement of my claim within eight days of the date of this e-mail.

 

Yours Sincerely,

 

Disgruntled Apple Customer

[nuclearshark]

Just to follow this up really.

 

Had a 45 minute phone call today with Apple Technical Support where I was referred to 2 senior managers and after battering them verbally on the phone for 45 minutes, managed to get them to agree to a free replacement. I was told on the phone it was a one time gesture of good will (Yeah... Right...) and that normally they wouldn't issue such a replacement.

 

They seemed to be very sure of their 'Warranty" despite that it is more than questionable under SOGA.

 

Anyway, I won't mark this a settled matter, I am to go back to the store to exchange handsets. So until then I'll see what happens

 

Thanks Caggers

[renegadeimp]

Ask them to put that in writing, so you can get trading standards comments.

[nuclearshark]

Just to finalise this. Sister went to the Apple Store. I was unable to make it personally. Replacement was given and she went away very happy indeed. The manager at the store gave me a call to apologise for the whole siuation and asked if there was anything further he could do.

 

I guess showing your teeth in preparation to bite does work every now and again!

[dx100uk]

great result!!

 

dx