Using EU consumer law to get an Apple replacement?

kissenger

kissenger

kissenger

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So an iOS update just destroyed my iPhone 4S's wifi (tried everything to get it working again, right down to factory setting restore) and I'm out of warranty -- or at least the standard one year warranty they do -- so I might be looking at a hefty replacement cost/new phone cost.

But unless I'm mistaken they are still responsible for fixing or replacing the phone under EU consumer law. That's what it seems to say on their website at least:

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

I was going to go into my local Apple store where I bought the phone from. Are they likely to give me a replacement free of cost? Anyone got any experience of this kind of thing?

I don't expect these things to last a lifetime, but there's no way it's right that it can break inside of two years and they expect you to foot the bill.
 
When my iPhone 4S broke, Apple changed it no questions asked. I walked out with a brand new sealed phone in under 15 minutes!

This was also the Apple store in brum.
 
My brother's iPad has broke recently outside warranty. He took it in to the Apple store who told him if he had bought it from them (he got it from Tesco) then they would have replaced it for him then and there.
 
Apple are quite vocal about supporting you in the second year if you bought it from one of their stores. Don't go in there guns blazing talking about legal obligations though, all they will do is send you away with the contact details for their legal department.
 
if you got it from apple online or in store, you will be fine, but if you didnt you can try taking it up with your retailer
 
Caged said:
Apple are quite vocal about supporting you in the second year if you bought it from one of their stores. Don't go in there guns blazing talking about legal obligations though, all they will do is send you away with the contact details for their legal department.
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That's reassuring; I bought my iPhone from an Apple store in December 2012 and the power button is starting to play up.
 
Swapped an iPad with a faulty home button out of warranty and replaced my 27" iMac screen a whole six months out of warranty. Both purchased from the Apple store at Meadowhall.

I know some people have had issues with Apple and warranty but there's a reason they're rated so highly for customer service.
 
kissenger said:
http://www.apple.com/uk/legal/statutory-warranty/

I was going to go into my local Apple store where I bought the phone from. Are they likely to give me a replacement free of cost? Anyone got any experience of this kind of thing?
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Short answer is yes, especially if you mention EU consumer law - which you might not even have to do.

The way Apple see it (which is pretty much just in line with the law) is you have a one year Apple Limited Warranty, within the first two years if you have an issue you're covered for most things by EU Consumer Law with the burden of proof resting on the seller, and then up to six years you can claim under UK law, but the burden of proof rests with you so it's much less black and white.

Apple and Apple Authorised Service providers can provide service under the two years EU Consumer law but it's very bureacratic and there's forms to fill out, and you need your receipt.

But they can and will do it even if you didn't buy it from them - same with AASPs. They don't have to, but they will.

AASPs can't service the phone itself but they can do the chargers, headphones and cables.
 
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I went in today but the genius bar was shut so they told me to book an appointment for later in the week, so fingers crossed I suppose.

What should I do if they tell me they won't exchange it free of charge?
 
kissenger said:
I went in today but the genius bar was shut so they told me to book an appointment for later in the week, so fingers crossed I suppose.

What should I do if they tell me they won't exchange it free of charge?
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Murder an entire days worth of customers, so it'll hurt their profits. Promise to stop when they replace it.

Or seriouslyask to speak to someone else, and use phrases like, 'losing all faith in the brand' its a bit of a buzz phrase with them.
Then after you have a replacement, kill a days customers so they know you were serious in the first place.
 
You can use the Sale of Goods Act, if you can prove the fault was there from the beginning. That doesn't mean you had to notice it at the beginning, you just have to show that it was there, but took until now to come to light. You certainly can prove this, provided you didn't drop the item, damage it, etc. Then, you can put it down to poor manufacturing/workmanship.
 
Why is peoples response to situations like this always "LAW LAW LAW", it incredibly hostile and 99% of the time really unreasonable and usually just makes people less likely to want to help you.

Just go into the store, explain your problem politely and see what they can do.

Questioning what laws you can make use of to get your way should be your last resort, not your first.
 
Fenris said:
Why is peoples response to situations like this always "LAW LAW LAW", it incredibly hostile and 99% of the time really unreasonable and usually just makes people less likely to want to help you.
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Because UK consumers are so used to being fobbed off and denied their statutory rights by retailers that we assume we will need 'law law law' to get anywhere at all.
 
As others have said go in and be reasonable and you will be treated as such. If you go in and be dick expect as little help as possible.

Common misconception that you can use EU law to have an implied 2 year warranty. I used to think that until I read up on it a while ago.

We're covered in this country by SOGA, which differs from the EU directive in a number of ways.
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This is so true, it is an EU directive. Sometimes I wish the SOGA was lot clearer and that we just had a hard and fast 2 year warranty then everybody would know where they stand.
 
Fenris said:
Why is peoples response to situations like this always "LAW LAW LAW", it incredibly hostile and 99% of the time really unreasonable and usually just makes people less likely to want to help you.

Just go into the store, explain your problem politely and see what they can do.

Questioning what laws you can make use of to get your way should be your last resort, not your first.
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I'm not planning on going in there guns blazing talking about consumer law. I just want to know what (if any) my options are if they tell me they won't replace it.
 
I ended up getting a replacement off them. I didn't have to bring up the EU law thing, but when I said I'd like a free replacement out of goodwill the guy came back with one and basically said he had to do it because of EU law anyway.
 
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