Sidebar Sidebar
Become a MacRumors Supporter for $50/year with no ads, ability to filter front page stories, and private forums.

UK - Iphone issues, what are my rights...

Status
Not open for further replies.
T

thesheephair

macrumors member
Original poster
Jan 16, 2007
86
0
Dad bought the iphone to show customers what we where giving away for orders over £500 etc etc

So he bought it in December, didnt bother acitivating it or anything as he didnt need to use the iphone itself, just to show it to people. So it was rarely turned on.(he didint jailbreak or acitivate it illegally or anything)

He gave it to me on Monday, i put it in the dock loaded up itunes, was about to acitvate it through itunes, but was called for dinner, went downstairs come upstairs to a stupidly hot ihpone thats burning and a cracked screen, take it of the dock and let it cool down.

I took it to apple, they say, due to the fact it hasnt been activated we cant do anything about it.

Took it to carphone warehouse, they said its cosmetic damage we cant do anything about it.

Took it back to apple and they said we cant do anything, you have to take it up with apple care.

oh and the back plastic bit has slightly melted
So i did and spoke to a supervisor, got a case number, he told me to take pictures and email them to him, he passed them on to an engineer who shoud reply either today or tomorrows latest. Then they will send a courier?

What the hell is it with CPW and Apple (both in Meadowhall Sheffield)
Where do i stand if he says they cant take it in for repair or replacement??
 
Well firstly I guess you are lucky the house didn't burn down if the iPhone was burning and so intensly hot it had cracked the screen… :eek:

Apple Care should certainly sort you out and replace it with no questions asked.

This is odd though:
due to the fact it hasnt been activated we cant do anything about it
Click to expand...
If O2 said that I might understand, but Apple?

Out of curiousity I phoned up my local Apple store — Kingston — and asked if I could get an iPhone replaced that I had received as a gift and hadn't been activated since it was bought… basically using your story as a template ;) "Bring it in and we will replace it…" Nothing about not being activated etc etc. I guess YMMV?
 
arkitect said:
Well firstly I guess you are lucky the house didn't burn down if the iPhone was burning and so intensly hot it had cracked the screen… :eek:

Apple Care should certainly sort you out and replace it with no questions asked.

This is odd though:
If O2 said that I might understand, but Apple?

Out of curiousity I phoned up my local Apple store — Kingston — and asked if I could get an iPhone replaced that I had received as a gift and hadn't been activated since it was bought… basically using your story as a template ;) "Bring it in and we will replace it…" Nothing about not being activated etc etc. I guess YMMV?
Click to expand...

Theyre sayings its odd how youve had it since december and havnt activated it.....and the iphoone is in like used coniditon, the back has got some little scratches etc etc etc, grrrrrr this is irritating.
 
thesheephair said:
Theyre sayings its odd how youve had it since december and havnt activated it.....and the iphoone is in like used coniditon, the back has got some little scratches etc etc etc, grrrrrr this is irritating.
Click to expand...

Ah well in that case I think they suspect you of jailbreaking etc etc…

Why wasn't the iPhone ever activated though? Surely it couldn't show anyone anything much if it was never activated?
And as a legit business expense I am sure it would have been no bother.
I guess that is 20:20 hindsight. :eek:

Hope you get it sorted.
 
thesheephair said:
i put it in the dock loaded up itunes, was about to acitvate it through itunes, but was called for dinner, went downstairs come upstairs to a stupidly hot ihpone thats burning and a cracked screen, take it of the dock and let it cool down.
Click to expand...

How did you manage to do that? Sure you didnt do anything wrong as that sounds really bizarre.

Have you explained to them that is what happened in that you cant activate because this has happened??

To be perfectly honest I dont think its Apple can do anything, you never signed up for a contract so they state clearly that they will not service the phone as far as I gather but you could say that you couldnt sign up for the contract as the phone fried itself. The part about the phone frying itself seems really suspect to me though.
 
Santa Rosa said:
How did you manage to do that? Sure you didnt do anything wrong as that sounds really bizarre.

Have you explained to them that is what happened in that you cant activate because this has happened??

To be perfectly honest I dont think its Apple can do anything, you never signed up for a contract so they state clearly that they will not service the phone as far as I gather but you could say that you couldnt sign up for the contract as the phone fried itself. The part about the phone frying itself seems really suspect to me though.
Click to expand...

Exactly thats why its so difficult to do anything about it, id be more than happy for them to take it in to open up and see from the inside, but they wont do anything :( espicially when its under warranty
 
arkitect said:
Ah well in that case I think they suspect you of jailbreaking etc etc…

Why wasn't the iPhone ever activated though? Surely it couldn't show anyone anything much if it was never activated?
And as a legit business expense I am sure it would have been no bother.
I guess that is 20:20 hindsight. :eek:

Hope you get it sorted.
Click to expand...

Dad didnt want to activate it as he already has a nokia 8gb, he just wanted to buy the iphone to show our customers what they would get as complimentary gifts, it wasnt turned on or anything, i was the 1st person to put it in the dock a couple of days ago
 
thesheephair said:
Dad didnt want to activate it as he already has a nokia 8gb, he just wanted to buy the iphone to show our customers what they would get as complimentary gifts, it wasnt turned on or anything
Click to expand...

That's what I am curious about. :) What use was an unactivated or un-jailbroken iPhone?
You get the welcome screen… but not much else surely? :(
 
If your completely stuck you could just wait, save up a bit of cash and dive on the 3G iPhone when it comes out, shouldnt be much longer now.

You never know maybe its a good turn of luck for you!!
 
Santa Rosa said:
If your completely stuck you could just wait, save up a bit of cash and dive on the 3G iPhone when it comes out, shouldnt be much longer now.

You never know maybe its a good turn of luck for you!!
Click to expand...

You have to admit though, £270 down the pitter and it hasnt even been used :(:eek::eek:
 
thesheephair said:
You have to admit though, £270 down the pitter and it hasnt even been used :(:eek::eek:
Click to expand...

But, think of it from a business angle. Surely it came in useful and served its purpose? Not a complete loss.
Hopefully you gained more in business £s to cover this loss. :D:D
(I am not saying it is right that the iPhone screwed up… but in perspective)
Wouldn't your company's equipment insurance perhaps cover it?
Just a thought.

Anyway, keep plugging away at Apple care… they should be able to help.
 
arkitect said:
But, think of it from a business angle. Surely it came in useful and served its purpose? Not a complete loss.
Hopefully you gained more in business £s to cover this loss. :D:D
(I am not saying it is right that the iPhone screwed up… but in perspective)
Wouldn't your company's equipment insurance perhaps cover it?
Just a thought.

Anyway, keep plugging away at Apple care… they should be able to help.
Click to expand...

Insurance would cover it with excess £50, but whats the point, apple should replace/repair with no questions asked
 
thesheephair said:
Insurance would cover it with excess £50, but whats the point, apple should replace/repair with no questions asked
Click to expand...

Unfortunately from Apple's perspective they assume the machine has been tampered with. So the onus is on you or company to convince them it hasn't.

Look at it dispassionately:
Unactivated iPhone — not brand new out of the box…
Obviously "used" with scratches etc…
Only conclusion Apple might draw is it is a Jailbroken/unlocked iPhone that has malfunctioned because of tampering.

Not completely unreasonable. :(
 
Apple are arrogant and need a good slap across the face and told to wake the **** up.... sorry excuse my language...

have you read the post about the guy who bought a 160gb ipod classic and was a 60gb video and they refused to replace it...

its always good to admit you are in the wrong but not for steve...
 
arkitect said:
Unfortunately from Apple's perspective they assume the machine has been tampered with. So the onus is on you or company to convince them it hasn't.

Look at it dispassionately:
Unactivated iPhone — not brand new out of the box…
Obviously "used" with scratches etc…
Only conclusion Apple might draw is it is a Jailbroken/unlocked iPhone that has malfunctioned because of tampering.

Not completely unreasonable. :(
Click to expand...

IF they can supply me with hard evidence that this is the case, then i would walk out and not disturb them again,

but at the moment the fact is, hardware has failed and broken the phone, its under warranty and they are responsible to hold up this contract on there side of the deal :mad:
 
thesheephair said:
IF they can supply me with hard evidence that this is the case, then i would walk out and not disturb them again,

but at the moment the fact is, hardware has failed and broken the phone, its under warranty and they are responsible to hold up this contract on there side of the deal :mad:
Click to expand...

Totally agree. I have just ready your story, and assuming you are telling the truth, I feel really bad for you. It is innocent until proven guilty in the UK, so they really should be replacing the phone for you. Disgraceful. I can only suggest you keep pressing. Try some different Apple stores etc. Bummer :mad:
 
thesheephair said:
Insurance would cover it with excess £50, but whats the point, apple should replace/repair with no questions asked
Click to expand...

I'll keep this short as i just wrote a nice long reply only to lose it (oops!!!)

No activation=No warranty.

I'll explain... ...When you officially activate your iphone it automatically registers your handset with apple, thus activating the warranty/applecare.

If you dont then all you have to go on is the sales policy/returns policy of the store where you bought it, from the sounds of it your sales warranty is well gone.

I also have to say (not that i do not believe you) your story sounds a little far fetched, especially at a time when apple/o2/carphone warehouse/and the rest must be getting a lot of 'bricked' returns due to hacktivated handsets....

...this will be making them look further at any phone that hasn't been activated officially.

Unfortunately your faulty phone comes at a time when the companies are sceptical.

As for your comment that appple should replace it no questions asked, thats is rubbish. Would you go into a store with a product bought somewhere else, no proof of purchase, and what seems to be a misused product and expect an immediate refund no questions asked? I dont think so.

I don know what business you run but i am sure you would feel the same with one of your products.

End of story all i can say is good luck to you and i hope it gets sorted, but i wouldn't set my hopes to high.
 
thesheephair said:
Where do i stand if he says they cant take it in for repair or replacement??
Click to expand...

You need to speak to either Consumer Direct or your local Trading Standards immediately.

For two simple reasons. Firstly, if the product's failed as you've stated, then they'll be very, very interested to know about it. ;)

Secondly, by refusing to diagnose the problem to ascertain the fault, they (CPW) could very well be breaking the law, and believe me Trading Standards love that kind of thing.

Consumer Direct said:
Your rights

If you have bought a mobile phone, it must be of satisfactory quality, fit for its purpose and as described.

When a mobile phone doesn’t meet some or all of these conditions, follow the advice below:

If you have only had the phone a few weeks or haven’t had a reasonable opportunity to check it, you are probably entitled to a refund for a fault or poor description, or alternatively you may request a replacement.

If the fault is only minor and can easily be put right, it is reasonable to accept a repair. This won’t stop you claiming a replacement or refund if the repair turns out to be unsatisfactory.

If you have had the phone longer than a few weeks or have had a reasonable opportunity to check it, you are probably still entitled to a repair or replacement. A repair should be carried out within a reasonable period of time and without causing you significant inconvenience. Any repair should restore it to a satisfactory condition. If this does not happen, you are entitled to a replacement or compensation. This could be a sum of money or the cost of having somebody else repair the phone.

If the phone cannot be replaced or repaired economically, you are entitled to a refund. The trader may make a reduction from the price you paid to allow for the use you have had from the phone.

If you are out of pocket in any other way, you may be entitled to compensation over and above the price of the phone.


The trader must sort out your problem, not the manufacturer

Remember, if you are entitled to a refund, replacement, repair or compensation, it is the trader who must sort out your problem. The trader cannot tell you to go back to the manufacturer or to claim through a guarantee or warranty.
Click to expand...

Consumer Direct said:
If things go wrong

If you determine that there is a problem with the phone you have purchased, do the following.

Check there really is a fault - read any instructions very carefully. Check that the phone is charged and, if you can, check the strength of the signal.

Be certain that the fault was not caused by misuse, an accident, normal wear and tear or by not following the instructions.

If you can, collect together all the documents which came with the phone - including any contract, guarantee, instructions, leaflets etc.

If you have a contract phone, check your terms and conditions. If you have a pre-pay phone, read the terms and conditions booklet supplied with the phone.

If there is a problem, contact the trader straight away and report the problem.

If the fault is with the phone, you should contact the shop where you bought it.

If the fault is with the network or SIM card, you should contact the Network Service Provider.
Click to expand...

Making a complaint. Btw, which is exactly what I would be doing if CPW continue to take the attitude you described in your first post.
 
thesheephair said:
Sales Of Goods Act?
Click to expand...

If they continue to firewall you, submit a case to the small claims court.

Apple or CPW (both if you are a bit of a fluke), will probably just dish out a new phone rather than go to court.

Their legal fees will be way more than the cost of the phone, so unless they want to attempt to set some sort of exapmle, you should get what you want.

Even if they do fight it (if your story is true), the judge will probably tell Apple/CPW off for wasting his/her time and order them to give you a new phone.

C
 
chrisparr said:
If they continue to firewall you, submit a case to the small claims court.

Apple or CPW (both if you are a bit of a fluke), will probably just dish out a new phone rather than go to court.

Their legal fees will be way more than the cost of the phone, so unless they want to attempt to set some sort of exapmle, you should get what you want.

Even if they do fight it (if your story is true), the judge will probably tell Apple/CPW off for wasting his/her time and order them to give you a new phone.

C
Click to expand...

If i was lying i would have given up a long time ago lol
 
Status
Not open for further replies.
Register on MacRumors! This sidebar will go away, and you'll see fewer ads.
Top Bottom
Back