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UK people: Free iPhone 4 replacement?

S

seble

macrumors 6502a
Original poster
Sep 6, 2010
972
163
Whilst I use a 5S as my daily driver, I develop apps and so test them with my old iPhone 4. This phone is terrible though whilst yes its slow, the yellow marks on the screen and the fact that NONE of the buttons work properly (I have to plug it or text it to wake the screen) make me think I should probably get a replacement.

However whilst it is well an truly out of warranty, is it not true that under the 6 year consumer goods law the device doesn't function as advertised and I should be looking at a free replacement?

The phone has never been dropped marked or scuffed and it works fine, apart from the fact the hardware is just in a terrible condition. What do you think? Would a replacement be warranted under UK law?
 
seble said:
Whilst I use a 5S as my daily driver, I develop apps and so test them with my old iPhone 4. This phone is terrible though whilst yes its slow, the yellow marks on the screen and the fact that NONE of the buttons work properly (I have to plug it or text it to wake the screen) make me think I should probably get a replacement.

However whilst it is well an truly out of warranty, is it not true that under the 6 year consumer goods law the device doesn't function as advertised and I should be looking at a free replacement?

The phone has never been dropped marked or scuffed and it works fine, apart from the fact the hardware is just in a terrible condition. What do you think? Would a replacement be warranted under UK law?
Click to expand...

You do not have a leg to stand on under uk law. But good luck with that!
 
seble said:
Whilst I use a 5S as my daily driver, I develop apps and so test them with my old iPhone 4. This phone is terrible though whilst yes its slow, the yellow marks on the screen and the fact that NONE of the buttons work properly (I have to plug it or text it to wake the screen) make me think I should probably get a replacement.

However whilst it is well an truly out of warranty, is it not true that under the 6 year consumer goods law the device doesn't function as advertised and I should be looking at a free replacement?

The phone has never been dropped marked or scuffed and it works fine, apart from the fact the hardware is just in a terrible condition. What do you think? Would a replacement be warranted under UK law?
Click to expand...

You're not (legally) "entitled" to anything after the 12 month warranty has expired.

However, under the Sale of Goods Act, you have 6 years to make a claim if you feel the item has suffered premature failures (not fit for purpose, not of merchantable quality, etc).

What you would have to do is pay for an independent report to support your "claim" (and that's all it is in the eyes of the law at this stage, a claim).

Then, you log your claim via the Government website.

Essentially, you put your claim (supported by your report) in front of a judge, who will then either agree that you do have a claim as your premium Apple device has not been of merchantable quality (or whatever part of the SoGA), or disagree and you'll end up out of pocket.

Some more good info here.

Good luck.
 
Azzin said:
You're not (legally) "entitled" to anything after the 12 month warranty has expired.

However, under the Sale of Goods Act, you have 6 years to make a claim if you feel the item has suffered premature failures (not fit for purpose, not of merchantable quality, etc).

What you would have to do is pay for an independent report to support your "claim" (and that's all it is in the eyes of the law at this stage, a claim).

Then, you log your claim via the Government website.

Essentially, you put your claim (supported by your report) in front of a judge, who will then either agree that you do have a claim as your premium Apple device has not been of merchantable quality (or whatever part of the SoGA), or disagree and you'll end up out of pocket.

Some more good info here.

Good luck.
Click to expand...

Thanks for the info! Very good to know!
 
localboy28 said:
Buy a new phone to test on.
The iPhone 4 is old and used.
Click to expand...

If you were a developer you would understand the need to hold on to old hardware. Not everyone using your app is going to be on a 5S, it pays to test it on something other than the latest and greatest.
 
seble said:
If you were a developer you would understand the need to hold on to old hardware. Not everyone using your app is going to be on a 5S, it pays to test it on something other than the latest and greatest.
Click to expand...


Buy a new iphone 4
Yours has clearly seen better days.

Would you ring up zanussi if your washing machine was old and about to die? No you'd get a new one.
 
localboy28 said:
Buy a new iphone 4
Yours has clearly seen better days.

Would you ring up zanussi if your washing machine was old and about to die? No you'd get a new one.
Click to expand...

Not quite sure I agree with your analogy, but I understand what you're saying.
 
seble said:
Whilst I use a 5S as my daily driver, I develop apps and so test them with my old iPhone 4. This phone is terrible though whilst yes its slow, the yellow marks on the screen and the fact that NONE of the buttons work properly (I have to plug it or text it to wake the screen) make me think I should probably get a replacement.

However whilst it is well an truly out of warranty, is it not true that under the 6 year consumer goods law the device doesn't function as advertised and I should be looking at a free replacement?

The phone has never been dropped marked or scuffed and it works fine, apart from the fact the hardware is just in a terrible condition. What do you think? Would a replacement be warranted under UK law?
Click to expand...

I just had my 4S replaced out of warranty for £159, though my network (Three) are reimbursing me. My warranty ran out on 1st May. Whilst I was in the Apple store, the Genius noticed I had screen bleeding (which i noticed when I got the phone but thought nothing of it) and said he hadn't seen that for a while. He went out back to see if they could do anything for me but came back and said because its so far out of warranty, there isn't anything that they can do.

He also said that many networks now are reimbursing customers for OOW replacements due to new Consumer Laws where the phone must be protected for 2 years. He said Apple do the same. When I went to Three to claim a refund, the guy knew exactly what to do etc, so that makes me think that many people are doing this.
 
bbfc said:
I just had my 4S replaced out of warranty for £159, though my network (Three) are reimbursing me. My warranty ran out on 1st May. Whilst I was in the Apple store, the Genius noticed I had screen bleeding (which i noticed when I got the phone but thought nothing of it) and said he hadn't seen that for a while. He went out back to see if they could do anything for me but came back and said because its so far out of warranty, there isn't anything that they can do.

He also said that many networks now are reimbursing customers for OOW replacements due to new Consumer Laws where the phone must be protected for 2 years. He said Apple do the same. When I went to Three to claim a refund, the guy knew exactly what to do etc, so that makes me think that many people are doing this.
Click to expand...

Hmm that might be worth checking out. My 4S also has screen problems, (but much less noticeable) and everything else works on it. I did by my iPhone 4 from Apple all those years ago and I'm pretty sure I've had the device for more than 2 years. Surely I wouldn't be able to get apple to cover the cost of their own replacement in that way, if this is the case?
 
seble said:
Hmm that might be worth checking out. My 4S also has screen problems, (but much less noticeable) and everything else works on it. I did by my iPhone 4 from Apple all those years ago and I'm pretty sure I've had the device for more than 2 years. Surely I wouldn't be able to get apple to cover the cost of their own replacement in that way, if this is the case?
Click to expand...

I had noticed an issue with the screen when I got it - if you tilt the phone away from you so you are essentially looking under the screen at the top there was what looked like 3 lights. I often thought it was a bit odd. It didn't have an impact on the screen but it was noticeable when looking at it in certain directions. The genius said it's a hardware fault and it's covered under warranty. If you bought the phone from Apple they may replace it. Mine was bought through my network.

I think you iPhone 4 is a lost cause though.
 
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