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EU Law: 2 yrs manufacturer's warranty
- Thread starter ct2k7
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Something similar in the news a while ago. Was Tesco not Apple, though.
http://www.guardian.co.uk/money/2009/may/23/tesco-consumer-guarantee
Apparently in the UK, the Sale Of Goods Act covers you for six years as long as you can prove in a court of law that the fault was not caused by wear and tear.
http://www.guardian.co.uk/money/2009/may/23/tesco-consumer-guarantee
Apparently in the UK, the Sale Of Goods Act covers you for six years as long as you can prove in a court of law that the fault was not caused by wear and tear.
..
Has anyone had any experience of getting replacement phones outside of Apples 12 month warranty? I always thought it was unfair being tied in to an 18 or 24 month contract but only having a warranty for 12 of those months.
I would have thought we as consumers in the UK (& EU) have a pretty strong case of expecting a replacement or repair after the initial 12 months in view of this ruling, providing we take reasonable care of our phones of course...
Has anyone had any experience of getting replacement phones outside of Apples 12 month warranty? I always thought it was unfair being tied in to an 18 or 24 month contract but only having a warranty for 12 of those months.
I would have thought we as consumers in the UK (& EU) have a pretty strong case of expecting a replacement or repair after the initial 12 months in view of this ruling, providing we take reasonable care of our phones of course...
It isn,t an EU ruling - it was a directive issued that all member states had to have the right to go back to the trader/manufacturer for a minimum of two years.
UK has better protection than this, the law that would cover would be the supply of goods and services act. This can potentially cover for up to six years.
UK has better protection than this, the law that would cover would be the supply of goods and services act. This can potentially cover for up to six years.
So . . . my boyfriend's iPhone (2G, so at earliest bought at the end of 2007) doesn't know when it has a SIM inserted anymore. And under EU law I should be able to take that back to Apple and say it's not acceptable and I'm entitled to a repair or replacement?
After reading around a bit that seems about right, but does anyone think the people at the Apple store will actually listen? Has anyone here had it replaced outside the 12 months?
It is not that simple and the Sale of Goods Act is not that clear. It states that goods should be fit for purpose. If you buy something with the reasonable expectation that it should outlast the manufacturer's warranty, then yes you have grounds for complaint. However, after the expiration of the warranty, the onus is on you to prove that the goods were inherently faulty at the time of purchase. Good luck with that.
Your best course of action is, as always, go in, don't lose your temper, be firm and be clear about what you want. If you get no joy from Apple seek legal advice (Citizen's Advice Bureau may give some help) and take action in the Small Claims Court.
Forget the EU, as stated you are protected by UK law over and above the minimum required by EU directives: Six years in England and Wales, five years in Scotland to raise an action against the retailer.
Where would you actually take the claim to if apple refuse to repair or replace? The small claims court (in the UK) I assume?
Surely(?!) any reasonable court representative would take a look at the phone, and assuming it isn't too bashed about, side with the consumer and say that a phone of this cost should last at least a couple of years? I mean we're not talking 10 or 20 pounds here, we're talking quite a substantial amount. I'd also be shocked if they ruled that it shouldn't last at least as long as the contract.
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Surely(?!) any reasonable court representative would take a look at the phone, and assuming it isn't too bashed about, side with the consumer and say that a phone of this cost should last at least a couple of years? I mean we're not talking 10 or 20 pounds here, we're talking quite a substantial amount. I'd also be shocked if they ruled that it shouldn't last at least as long as the contract.
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UK law is a loose 6 years, so effectively you only get 12 months. EU guidelines advise on 24 months, but it is down to each member state to enforce. Belgian law stipulates and enforces a 24 month warranty, which Apple abide to making it one of the few countries where iPhones automatically come with a 24 month warranty.
I don't know if you've done this or not, but you might first try a new SIM card instead. The contacts on the SIM in my old 2G were pretty worn by even the 1 year mark, and I'd also sometimes get the No SIM message. I'd clean off the contacts and it'd go away for a while. But you might just be better off getting a new SIM entirely to avoid the trouble.