Why is it apple who seem to be singled out. Every electronic item in the UK seems to say you have a 1 year warranty etc. Surely all that should change too. Unless other companies are but we only hear about Apple.
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European Union Requesting Examinations of Apple's Warranty Advertising Practices
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True. Maybe I need a 4th answer.False, iPhone 5 was released in several countries at the same time.
Maybe: We all look alike?
And once again someone jumps to blame Tim Cook with no actual reason to point to him. You do realize that this is been going on before Tim Cook was CEO?
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Yes but it is obnoxious how everyone focuses on Apple and ignores other companies that do the same thing. Somehow it's only Apple that is evil for doing it.
Not on phones, headsets, TVs, DVD, VCR, Blu-ray, Home cinema, MP3, notebooks, large monitors, photo frames, printers, cameras, camcorders, photo printers. Tablets are not mentioned. Yes, you'll get 24 months on washing machines. If Apple ever sells washing machines with 12 months warranty only, I will personally complain to Tim Cook.
They are _not_ doing the same. Apple actually mentions that you have other rights where they sell AppleCare, Dell does not mention anything when you buy an extended warranty.
You do, although it does depend on how long after purchase the fault appeared. It seems that the Sale Of Goods Act is not totally aligned with EU law.
http://www.thisismoney.co.uk/money/bills/article-1677034/Two-year-warranty-EU-law.html
After six months, the burden of proof switches to the buyer and it is they who must then show a fault is due to some inherent problem, something that can be almost impossible in all but the most straightforward cases.
Sounds complicated?
For example, the plasma TV you bought five months ago stops working without explanation and you return to the shop you bought it from, expecting a refund. The store manager is reluctant but can find no explanation for the fault. There are no scratches or damage to show it has been dropped, or signs of water damage. Complying with the Sales of Goods Act, he understands without such proof he must refund you money.
But were the fault to develop at seven months, he would not need such proof. The TV may show no signs of damage or misuse, but the store manager no longer needs to show there was any. Instead, you must show to him that there was a shoddy component or design fault that caused the problem. In the absence of these things, he is under no obligation to return your money.
So, if it were due to a shoddy component or design defect then it must have existed at the time of purchase.
Ha!
If Apple care came in a silver box with a retina display all you fanboys would buy it regardless. The fact is Apple are screwing us Europeans for extra money when in fact we sometimes are being sold something we actually dont need. Regardless of anything else Apple maybe in for a bit of a hit when the EU decide they have mis sold and all the europeans who bought AC, will be offered to ask for their money back. In the UK at least we are getting thousands each back on mis sold bank insurances and credit card insurances which could never have been paid out as it was mis sold. Apple may well be the next ones in the firing line for ilegal selling.
Like it or not the EU law is law, and if you want to trade in the EU you have to be compliant. You can kick and scream all you like about contracts etc but who stands there and reads the contract when you are in line for your new ipad, Iphone etc and theres 100's stood behind you? Be real and lets face it Apple have tried to con us and have been found out. The EU regulators are not silly.
If Apple care came in a silver box with a retina display all you fanboys would buy it regardless. The fact is Apple are screwing us Europeans for extra money when in fact we sometimes are being sold something we actually dont need. Regardless of anything else Apple maybe in for a bit of a hit when the EU decide they have mis sold and all the europeans who bought AC, will be offered to ask for their money back. In the UK at least we are getting thousands each back on mis sold bank insurances and credit card insurances which could never have been paid out as it was mis sold. Apple may well be the next ones in the firing line for ilegal selling.
Like it or not the EU law is law, and if you want to trade in the EU you have to be compliant. You can kick and scream all you like about contracts etc but who stands there and reads the contract when you are in line for your new ipad, Iphone etc and theres 100's stood behind you? Be real and lets face it Apple have tried to con us and have been found out. The EU regulators are not silly.
It's not, but the Sale Of Goods Act considerably predates EU directive 1999/44/EC - UK consumers get the protection of both.
Insulting others in your first sentence interesting way of trying to win others over with clear-headed, rational thinking!
Insulting others in your first sentence
interesting way of trying to win others over with clear-headed, rational thinking![/QUOTE]
Hit a nerve did it?
Hit a nerve did it?
Those references are not to the news story (MacRumors), but to the actual case.
Because when you go to the Apple Store with a defective product after 1 year and 3 days of purchase, and you tell them to replace it or repair it for free, they say "no, our warranty only covers one year". Then when you say "but the EU law says otherwise" they tell you "sorry, you'll have to pay for the repairs". What am I supposed to do? Sue them?
If they advertised it, then you could tell them "hey, you advertised two years of warranty, so repair the product" and they won't be able to say "no we never said that!".
That's why!
I have an inkling all those fierce responses (morons, nanny states, socialist, stupid law suits, etc.) aren't because of consumer right at all. No, some feel their precious, precious Apple is somehow under 'attack' because of this and Apple must be defended at all cost. No one, and certainly not those commies from Europe, is gonna tell Apple what and what not to do! And if you don't like it, you can pry that from my cold, dead hands! (<- Poetic liberty).
(<- Poetic liberty).So, I have an iPhone4 with a broken sleep button, over 1 year but under 2, can I get Apple to fix it for free? I am in the UK and bought the phone direct from Apple.
Also those that say everyone should know of this it is not clear at all, my niece had an iPhone over 1 year old, she took it to the Apple Store but had to pay £120 for a replacement reconditioned phone, so is Apple not replacing under warranty like they should? Also her phone was within her 2 year contract but the phone company did not want to know.
That's total nonsense. In the UK, there are laws that give you statutory rights, and you have these rights whether Apple says so or not. Nobody, not one shop, in the UK will tell you about these statutory rights. Just like no shop puts up a sign "we promise not to rob, stab, shoot or poison you in this store". It is just law and understood by everyone.
If they refuse a repair without explanation, you ask for the store manager, then you ask him to give you in writing that he isn't going to repair it. If he refuses, then you write down that he refused to repair and refused to give you in writing that he refuses to repair. And then, yes, you go probably to a small claims court. But that is unlikely to happen.
What actually happen at an Apple Store when it's out of manufacturer's warranty and out of the 6 months where the store has to prove it's your fault, is that some "genius" looks at the problem, and if that person sees no reason that it isn't Apple's problem (plus some fudge factor depending on who annoyed the customer would be, your persuasiveness and so on), then it gets repaired. If not, then UK law applies. Of course, if there is a disagreement that can't be resolved, then things go to court. That's the same with every disagreement. Laws can't make things happen, courts can make things happen.
It all depends. In each case after the six months, the law says _you_ have to prove the fault was present when you bought the phone. Not that the sleep button was broken, but that the sleep button was badly made. It's mostly a matter of being persuasive in the store. And of course having a phone that isn't sticky, wet, dented, and so on, will help your case.
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Apple has been misleading customers for years in the EU (and lots of other companies who also make loads of profit out of mis-selling extended warranties). Apple is getting picked on now (like Microsoft always used to) because it's the biggest company in the world. If the EU sued the little shop around the corner, I doubt it would make international news, and other miscreants would carry on as before.
I had this argument about EU law in an Apple store a year or so ago. I had to get the store manager involved, and then he succumbed (after about 2 hours) as 'a goodwill gesture'.
People in the UK should always buy the tech stuff on credit card and use Section 75 of the Consumer Credit Act. It's the best consumer protection ever. Let your credit card company fight it out with the retailer if they don't play ball. I've got what I wanted every time.
I had this argument about EU law in an Apple store a year or so ago. I had to get the store manager involved, and then he succumbed (after about 2 hours) as 'a goodwill gesture'.
People in the UK should always buy the tech stuff on credit card and use Section 75 of the Consumer Credit Act. It's the best consumer protection ever. Let your credit card company fight it out with the retailer if they don't play ball. I've got what I wanted every time.
No, EU directives are not directly applicable law. They are an instruction to national governments to implement a law to that effect. Following directive 1999/44 the UK government amended SOGA 1979 to cover the directive (although a lot of it was already covered anyway). SOGA 1979 does align with 1999/44 because it was amended to.
Specifically s.48A(3) of SOGA 1989 contains the 6 month presumption which everyone misses because its so far away from the other 'useful' sections (ie s.11-14).
No wonder European prices are usually much higher than the states. At least you get the cozy protection of a 2 year warranty, some stores in the US have no return policy whatsoever and no manufacturer warranty.
I'm confused. Was the SOGA amended to comply with the EU directive to cover the full 2 years or is it still only 6 months without requiring the consumer to prove who was at fault?
Does the UK not have something similar to a small claims court? Should take a month or two at most.
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Generally in the UK you have 6 years after a contract is breached to make a claim. It's under the Limitation Act. Purchasing goods is forming a contract, so UK law allows consumers 6 years to make a claim, and that has been the case for long before the directive was made. Obviously longer than the two years the EU said (which is fine, the two years is just a minimum). The reversing of the burden of proof in the first 6 months was not in SOGA 1979 before, so that was added.
Everyone is confused because there is no two year EU "warranty", its really a limitation period which is different. If you really want to know read my post here.
Mobistar sucks
It's really a pain in the ass if you want to get your iPhone replaced in the 2nd year of warranty here in Belgium.
Phone Retailers claim Apple only provides the 1st year of coverage. Frustrating how they lie in your face. Had a hefty discussion with a salesman who at a certain moment said that " you don't buy a t-shirt in a shop and return it somewhere else"
Every broken iPhone goes through the official dealer (Mobistar) and send to apple at no expense. So why oh why don't they want to take my phone back.
Any word of advice, you have to buy an iPhone directly from Mobistar if you don't want any troubles returning your phone.
HOPING 4 an Apple store @Belgium
It's really a pain in the ass if you want to get your iPhone replaced in the 2nd year of warranty here in Belgium.
Phone Retailers claim Apple only provides the 1st year of coverage. Frustrating how they lie in your face. Had a hefty discussion with a salesman who at a certain moment said that " you don't buy a t-shirt in a shop and return it somewhere else"
Every broken iPhone goes through the official dealer (Mobistar) and send to apple at no expense. So why oh why don't they want to take my phone back.
Any word of advice, you have to buy an iPhone directly from Mobistar if you don't want any troubles returning your phone.
HOPING 4 an Apple store @Belgium
Any electronics-based product that is supposed to last more than two years are covered for two years in the EU. Including everything in your list.
There have been quite a few cases here in Norway (we're not a part of the EU but have to a large extent the same rules) where Apple tries to wiggle out of the mandatory 2 year warranty. And it has not done Apple any good when it comes to press coverage, leading to the expression "Apple is great as long as there's nothing wrong with your device. Then you're in deep sh**".
This is the exact issue I am dealing with on my iPhone 4. The sleep/wake button failed and I am over the 1 year warranty but under 2 years. I went to the Apple retail store only to be told by a genius on a iPad before even checking me in, that I had to pay £119 and they would replace the whole device. Or I should sign a new contract to get a new phone - a little opportunistic these "geniuses" are these days.
I insisted on speaking with the technician who basically said no, pay £119 or tough luck. When I quoted EU consumer law, he blanked out for a bit before saying that the problem had to be present on the device when I took it out the box basically. How do I prove that the button was manufactured badly and was inevitably going to fail? The only thing that I can say is that the phone is in otherwise great condition (no drops, scratches etc), and a previous iPhone 3G I had for over 2 years never had the buttons fail. Apple support weren't too helpful either and directed me back to the retail store. I think Apple don't have much experience with this. I am doubtful if Apple will honour EU law and fix the button on my iPhone.
In any case I just wanted to let you guys know my experience. Cheers.
So you are well heeled in all the intricacies of all facets of law at both a state AND federal level? And this also holds true for all 200 and not what million people in the US? So there should be no need for things like "Caution: contents may be hot" on paper coffee cups right?