Apple replaced 2 week old new iPhone 5s with refurbished model

[MH01]

That I would be willing to be is not a true statement. Then again I no longer need to work but still own the company.

Just don't be ashame and go out and get a job!

No idea what that is suppose to mean.

mate you sound like a kid. Grow up.

 

[kanedavid]

While consumer rights laws and contract laws will vary from one jurisdiction to another, one can assume that there will be at least many similarities between countries....

Here in New Zealand, your rights as a consumer are pretty clear:
• If a retailer sells you something that has a minor defect, then the retailer can choose to repair the item, or, replace it with a new one.
• If the item has repeated problems, or the problem is a major one then the consumer can choose to either have it repaired, replaced with a new unit, or a full refund given.

However it must be noted that these rights ONLY apply between you, the consumer, and the original retailer that sold you the goods.

You may choose to claim warranties under other agreements, such as the manufacturers warranty, however this is done entirely under the terms and conditions laid out in the manufacturers warranty policy. You cannot use the same recourse against a manufacturer that you are entitled to with your retailer. In this regard, Apple are well within their rights to replace your device with a new or refurbished one if it says they can do this in the warranty policy.

The only catch is that you cannot make some claims to a third party (such as Apple) and then if you are not happy with the result, then expect the original retailer to help you. You as a consumer are legally obliged to give the original retailer all reasonable opportunities in rectifying the problem first before you choose to make a claim with another provider.

As I see it, although you state that your Mom lives a long way from Carphone Warehouse, and that she would be without her phone for some time, or that you cannot get the phone replaced on her behalf due to security concerns, this in itself would not give justification in you choosing to not make a claim from them, and going to Apple instead. The law would likely argue that you chose to purchase the item from a retailer not located near you and that perhaps you should have considered purchasing the phone locally. The only exception to this is if you get permission from the original retailer to have your phone repaired direct through Apple and the retailer agree to carry over your rights with them to the replacement phone that Apple give you, regardless of whether it be new or refurbished.

I personally don't think you made enough due diligence when choosing to purchase the phone through Carphone Warehouse since it was going to your Mom located in a distant town. It may have been better to either buy from a local retailer, or from Apple directly (assuming your consumer rights are similar to ours). Yes, I know the argument that the phone was a better price from Carphone Warehouse et al... but sometimes you would be wise to look beyond the bottom line dollar (pound) figure at time of purchase and consider the wider picture.

 

[Imaginator]

Does it work like new? Yes? What's the problem?

 

[iolinux333]

The refurbs are exactly the same as new. People are weird.

 

[iBlazed]

A couple of things to note.

1. Apple did you a favor by taking back a phone that they did not sell you. They are under no obligation to honour another company's warranty.

I stopped reading here. You have no idea how warranties work do you? I buy my iPhones through my carrier, AT&T. However, replacements are always honored at the Apple Store, they're the manufacturer. So they're not honoring another company's warranty, it's their own product.

 

[eyoungren]

I stopped reading here. You have no idea how warranties work do you? I buy my iPhones through my carrier, AT&T. However, replacements are always honored at the Apple Store, they're the manufacturer. So they're not honoring another company's warranty, it's their own product.

And whenever your phone was replaced did you get it brand new sealed in a brand new box with all new accessories?

No?

The OP was expecting that and was upset when he did not get it.

Pay attention!

 

[richwoodrocket]

Apple dosen't care how much you paid for the phone by the way. They will treat you the same way if you bought an unlocked 64GB iPhone 5s the same way as if you have a free iPhone 4s on two year contract.

 

[Newtons Apple]

The refurbs are exactly the same as new. People are weird.

I agree but can see why some would not like them.

Apple still has the best service and warranty of them all!

----------

Does it work like new? Yes? What's the problem?

Some actually think that they "feel" different!

 

[iolinux333]

Some actually think that they "feel" different!

And these same people are allowed to vote. Explains a lot.

 

[TWO2SEVEN]

Where did the OP go? I guess he/she didn't like the answers they were getting.

 

[MH01]

Some actually think that they "feel" different!

Nothing about feel.

Seems there are people on here that do not understand what the word refurbished means.

http://***********/?q=refurbished+definition+for+electronics

----------

And these same people are allowed to vote. Explains a lot.

Your worried about the free thinkers that have enough education to understand the difference between refurbished and brand new ...... I'm more concerned about the the brain washed drones that believe in magic

----------

Where did the OP go? I guess he/she didn't like the answers they were getting.

I don't believe he actually got any usual answers from us

 

[iPodJedi]

When I went into the Covent Garden (London) apple store the advisor or "genius" so to speak, told me that he had never heard of the rattling issue before but would happily replace my phone. When I asked him, he told me I would be able to return the device again if the issue were to arise again, or if I would prefer, the next step would be a refund. He said that the defective power button was part of a sealed unit within the phone and therefore opening it for a repair would destroy the touch ID fingerprint scanner.

Can you take the refund if at all still possible (if it is a full refund) then go to a different store to buy a new one?

 

[CharlesJacques]

Just for future reference- I always buy Apple products from the Apple Retail Store and in person. I also make it a point to get to know the Retail Store Manager personally since that is the only place I shop Apple. Why? Because the store manager has great discretionary power in a dispute. They won't over ride Apple policy, but they can do what no one else can frequently. The habit has saved me hundreds of dollars over the years.

Charles

 

[Smith2000]

I would write a letter focusing on what you want, explain that you've had bad luck with three phones and that a new phone sealed in retail packaging would help move things in the right direction. Especially since that's what you'd have done if you'd known you could have gone back to Carphone Warehouse before the first replacement. I think you'll have the best luck writing instead of calling in. It gives you the chance to be careful with your words and not put the Apple person reading the letter on the defensive. Be as positive about the company and the people who've tried to help you and explain that you are writing because you really want to get a new in retail packaging iPhone.

Hey could you tell me how this can be done? I've been considering calling up and trying to get as far up the ladder as I can on the phone and trying to appeal this decision.

Also, to everyone who is backing apple and telling me to be happy with it etc, I am having problems with this second replacement as I mentioned in my op. It's not scrolling anywhere near how smoothly it should be. Very jerky, have reinstalled, reset etc. seems to be a hardware issue again. These are not very well made phones.

 

[JackieAprile]

I would write a letter focusing on what you want, explain that you've had bad luck with three phones and that a new phone sealed in retail packaging would help move things in the right direction. Especially since that's what you'd have done if you'd known you could have gone back to Carphone Warehouse before the first replacement. I think you'll have the best luck writing instead of calling in. It gives you the chance to be careful with your words and not put the Apple person reading the letter on the defensive. Be as positive about the company and the people who've tried to help you and explain that you are writing because you really want to get a new in retail packaging iPhone.

Hi,

thanks for the advice, I'm going to make this my next step.

J

 

[617aircav]

OP caused his own hardship. Should have returned the original phone to point of same and got a brand new one.

 

[TWO2SEVEN]

OP caused his own hardship. Should have returned the original phone to point of same and got a brand new one.

But why take responsibility when you can complain instead?

 

[bushman4]

The one good point out of all this:
Be assured that every Apple refurbished device is thoroughly inspected, fixed and tested and a new outside cosmetic case is put on

 

[Rew35]

Y girlfriends phone fell off the sofa and screen gone black it's 5 weeks old anybody know if her free apple care will cover her the screen cracked in top corner will it be covered or should I just tell her go to market stall and get a new screen

 

[chupachup]

I am hoping somebody can give me advice on how I can handle a dispute I have been having with apple over the past week.

My mum took out a 2 year contract for me through an online deal with carphone warehouse (for some reason I didn't pass their security checks so couldn't take it out in my own name)

I was happy with the phone, except for an issue with the power button which was very loose, creating a rattling sound when it was moved, that was very audible in video/ voice recordings. This is a well documented problem with the 5S, many people have complained about this issue online. The carphone warehouse policy is that if you return within 28 days they will replace for a brand new model, but as my mum is the account holder she would have to do this herself, not practical given that she works full time and is hundreds of miles away in a different part of the UK. I would be without my phone for at least a week if this was to be an option.

I phoned up apple and checked whether I was covered by them as well, and the advisor I spoke to told me I was, and that she was happy to arrange a replacement for me. I asked her for a case number to quote if needed and told her I live near an apple store so I could visit in person rather than having it picked up etc.

When I went into the Covent Garden (London) apple store the advisor or "genius" so to speak, told me that he had never heard of the rattling issue before but would happily replace my phone. When I asked him, he told me I would be able to return the device again if the issue were to arise again, or if I would prefer, the next step would be a refund. He said that the defective power button was part of a sealed unit within the phone and therefore opening it for a repair would destroy the touch ID fingerprint scanner.

I had brought the box and accessories with me thinking they would need them and replace the whole thing, but it turned out he just had to replace the handset. He asked me to draw my signature and enter my email address on his ipad to confirm I had received a replacement, and then sent me on my way. I took it home in the box and then started setting it up when I got home. When I took off the protective plastic I noticed that the back and sides of the phone were marked with little dings and scratches. After a little google search I discovered that apple routinely replace their consumer's defective products with open box returns that are reformatted and reboxed, and also with refurbished phones / parts.

I was fuming that they had palmed me off with a refurb of a two week old phone that will be costing me over 700 pounds throughout the next two years. It felt like a complete slap across the face, especially as this one had the rattling issue as well, which I was unable to hear in the crowded store but was loud and noticeable in a quite room.

I phoned apple up for the second time as I couldn't make it back to the store that day in time to complain. I spoke to an obnoxious "genius" over the phone who claimed that the rattling was "perfectly normal behaviour" and I would be unlikely to get another replacement. When he was unwilling to help, I asked him to make me an appointment at another London (regent st) apple store near to where I was located the next week.

Meanwhile it occurred to me that initial option of sending the phone back to carphone warehouse with my mum may have been invalidated by my replacement through apple. Turns out this was in fact the case, as they would need the original handset to be returned to them, and advised me to call the apple store and see if I could get it back. I called only 24 hours after my initial visit and they had apparently already sent it back to the factory (I seriously doubt this was true)

So I attended my second genius bar appointment, this time at the regent st London store. I was told that although the poor cosmetic condition and rattling power button was noticeable and was considered a defect, (contrary to what the advisor said previously over the phone) I would be given another generic-boxed refurbished parts model and was unable to get a brand new one despite the original iphone only being 2 weeks old and was faulty right out of the box.

Despite my protests that this was completely unreasonable, the advisor wouldn't budge and I had him call the manager over. She repeated exactly what he had said and told me that because I had purchased it through another company I was covered by their warranty but am only entitled to a refurb. (Again, I doubt this is true because I read online that this happened to customers that bought their iphones directly from apple.) Despite sounding apologetic, she insisted that this would have been explained to me when I signed the permission slip on the ipad during my previous appointment. This was not the case, however, the apple genius had not mentioned or quoted anything from the terms and conditions like they do when you place an order over the phone. In fact I had not even been been made aware I was signing a list of T&C at all.

Rather than taking her offer of a second refurbished replacement, she printed me a letter stating that I have had the phone replaced under apple warranty and she included the serial number of the replacement one, telling me that it may be possible to appeal to carphone warehouse for a brand new one if they understood what had happened. I visited them on my way home and they were all ready to go ahead and do this until I told them that it was under my mother's name, and that it had indeed been replaced previously by apple.

My last resort (that same day) was to return to the covent garden london store that originally sent me away unknowingly owning a refurb, and trying to appeal to their better nature, telling them that it was not explained to me in the slightest that their terms and conditions state they are able to do this. The guy I spoke to this time was probably the most unhelpful of all the people I have had to deal with - he not only told me that the rattling phone was not defective despite me showing him that the noise is picked up in video recordings, but he also implied that the second-rate cosmetic condition it was in was my own handiwork or due to a lack of care on my part (even though I had presented it to him in their own apple brand £35 microfibre lined case). Despite him even trying to turn me down a second replacement with a refurbished 5S, I lost my temper at this point and he backed down and let me inspect one to see if it rattled. When I found one that wasn't as bad, I figured I was out of options and begrudgingly took it home feeling severely cheated.

So I've just brought this thing home and again, it is a second rate machine. It has serious lag when scrolling through texts and entering passcodes etc. I am going to try and fix this if it is a software issue but this whole situation is stressing me out and I'm not enjoying using this supposedly "state of the art" phone.

Needless to say I am at a complete loss as to what to do, I have just committed myself to a very expensive contract and I am being continuously misled and screwed over by apple, being told to settle for something that is sold at a largely reduced price on their website. It seems like every different employee of their company has told me something different and I only used their warranty service due to false / withheld information.

Has anyone else had a similar problem or can anyone offer advice as to whether I would have a leg to stand on if I made a case against them?

Sorry for the very long post, any help would be greatly appreciated.

Why can't you just get your money back? There are so many other nicer phones that don't rattle with a bigger screen and MUCH better battery life.

 

[eyoungren]

Why can't you just get your money back? There are so many other nicer phones that don't rattle with a bigger screen and MUCH better battery life.

It was convoluted what the OP did. Read through the entire thread.

In any case, it's a dead issue. This thread is well over a month old and the OP hasn't returned.

 

[PNutts]

Sure, but what about the rest of us?
I read the OP's entire statement, yet should have stopped right after the words, "for some reason I didn't pass their security checks so couldn't take it out in my own name".

Yeah, I only skimmed after that. typically the more details there are the more there is to hide.

OP I suggest your priorities right now should be to develop responsibility and patience instead of worrying about a phone.