Help needed - iPhone just not working..is it usual? PLEASE HELP!!

[benh-]

not really.

Of course I am! Apple are actively promoting that you give a family member or friend your old iPhone. Therefore, if the iPhone is still under warranty (as it is), I am now one of Apple's customers. I am already, I have lots of Apple products, and have always been a fan of them.

So your buddy sold you a defective iPhone? Sounds like he should be the one you're mad at.

Yes, you can put it that way. He told me that he will give me my money back if i cannot get it sorted.

 

[sananda]

Of course I am! Apple are actively promoting that you give a family member or friend your old iPhone. Therefore, if the iPhone is still under warranty (as it is), I am now one of Apple's customers. I am already, I have lots of Apple products, and have always been a fan of them.

you're not an iphone customer because you didn't buy an iphone from apple. anyway, isn't it o2 who are talking about giving iphones to a friend?

 

[benh-]

you're not an iphone customer because you didn't buy an iphone from apple. anyway, isn't it o2 who are talking about giving iphones to a friend?

Yes, but when he went into the Apple Store, they too are promoting it and first told him about it. It doesn't matter: Apple said that isn't what is bothering them. The iPhone's battery is not fit for purpose, and it's under warranty.

 

[iPhone3G]

Duckiness

Unclear background information, ever-changing details, endless story changes (or adjustments, as I'm sure you'd call them)...

Try putting yourself in Apple's shoes. Can you really blame them for finding your situation completely shady and unbelievable (as most of the rest of us do)?

Ever hear the saying "If it looks like a duck, walks like a duck, and quacks like a duck, it probably is a duck?"

 

[sananda]

Yes, but when he went into the Apple Store, they too are promoting it and first told him about it. It doesn't matter: Apple said that isn't what is bothering them. The iPhone's battery is not fit for purpose, and it's under warranty.

first, we don't think it not being fit for purpose is relevant because you don't have any statutory protection. second, we think you don't have a warranty.

as you say, apple aren't bothered about whether you have a warranty or not. they're just not going to replace your phone. in those circumstances, how can you take the matter further since you have no statutory rights or warranty to insist upon?

in your shoes, i'd take up your friend on his offer to give you your money back. he can then insist on his warranty and statutory right (having voided your sale and assuming the dent has caused the battery to stop working).

 

[benh-]

Unclear background information, ever-changing details, endless story changes (or adjustments, as I'm sure you'd call them)...

Try putting yourself in Apple's shoes. Can you really blame them for finding your situation completely shady and unbelievable (as most of the rest of us do)?

Ever hear the saying "If it looks like a duck, walks like a duck, and quacks like a duck, it probably is a duck?"

No details have ever changed. They know when the iPhone was bought..it's on the serial number: name a detail thats changed then...

first, we don't think it not being fit for purpose is relevant because you don't have any statutory protection. second, we think you don't have a warranty.

as you say, apple aren't bothered about whether you have a warranty or not. they're just not going to replace your phone. in those circumstances, how can you take the matter further since you have no statutory rights or warranty to insist upon?

in your shoes, i'd take up your friend on his offer to give you your money back. he can then insist on his warranty and statutory right (having voided your sale and assuming the dent has caused the battery to stop working).

I do have a warranty to insist upon! I have told you many times, Apple said just because it's changed hands, the warranty still exists. Jeez.

 

[Vanarak19]

if the phone has damage on it, good luck, because quite frankly, they dont have to do anything for you (for free @ least).


My guess is you will be out your money, and not in any way is it apples fault. More so the person you bought it from that wont give you the money back.

You can keep pushing apple, but they have your serial flagged, and your chances are really 0% @this point. And rightly so. Its not your fault, but it is what it is.

Take it up with your "mate". Crummy situation, but next time you may buy new because of it

 

[benh-]

if the phone has damage on it, good luck, because quite frankly, they dont have to do anything for you (for free @ least).


My guess is you will be out your money, and not in any way is it apples fault. More so the person you bought it from that wont give you the money back.

You can keep pushing apple, but they have your serial flagged, and your chances are really 0% @this point. And rightly so. Its not your fault, but it is what it is.

Take it up with your "mate". Crummy situation, but next time you may buy new because of it

Thanks for your advice: at least your nice about it, unlike some other users. Anyway, I would buy new, but I'm not allowed a contract. You know the iPhone 3G, do you need to activate the contract..? Could I just use the device with the phone functions?

 

[sananda]

I do have a warranty to insist upon! I have told you many times, Apple said just because it's changed hands, the warranty still exists. Jeez.

unfortunately, you aren't following what i'm saying.

 

[benh-]

unfortunately, you aren't following what i'm saying.

Of course I am. You said I don't have a warranty, I say I have, because I've checked.

 

[jav6454]

Exactly.

From the OP's photo, it looks like significant damage.

My iPhone was worst banged up than that photo.

My had 5 dents on the side just like that phone has on the Vibrate button. Plus my phone had various scratches on the sides to the point where the sliver chrome look was only small spots where black replaced the chrome.

I called Apple Care about my iPhone having problems with the vibrator and SIM card detection [I'm on legit contract] and AppleCare sent box, I sent iPhone and AppleCare sent me new iPhone.

Dents and scratches were not an issue.

 

[sananda]

Of course I am. You said I don't have a warranty, I say I have, because I've checked.

alFR seemed to think the warranty only applies to the original purchaser. perhaps he is incorrect. shall we check? can you point me to where you checked?

 

[benh-]

My iPhone was worst banged up than that photo.

My had 5 dents on the side just like that phone has on the Vibrate button. Plus my phone had various scratches on the sides to the point where the sliver chrome look was only small spots where black replaced the chrome.

I called Apple Care about my iPhone having problems with the vibrator and SIM card detection [I'm on legit contract] and AppleCare sent box, I sent iPhone and AppleCare sent me new iPhone.

Dents and scratches were not an issue.

You are joking me. Do you have a case number still. I need some evidence that they do replace iPhone's with dents on. I've been telling them this all bl00dy day.

It would be useful if you could provide me with a case number, to prove this.

It seems that when Apple aren't making money out of a customer, they don't care about you no more. When you have a contract, then you get replaced, but as soon as your off it, no way are they going to replace it, even though they make an effort to keep telling you they have some around the back.

I don't know if you can tell - but this is annoying me.

 

[senorFunkyPants]

Best advice is to ring trading standards (google their number for your area). They will explain your legal position under the sales of goods act 1979, which I would note places the legal responsibility for repairing or replacing the iphone with the original retailer (CPWH if I follow the thread correctly not Apple) you will probably need the original receipt though.
Most peeps here seem to underestimate the protection supplied by the sale of goods act. My 3.5 year old TV recently broke...under the sale of good act a TV should be expected to last at least 6 years...a quick call to the retailler, Currys, and they agreed to pay for the repair or to replace the TV with a new one to the cost of the original invoice if beyond economical repair. As I had bought the TV with a credit card then the credit card company is equally and seperately responsible for paying for repairing/replacing the TV. You can claim from both the retailer and the credit card company but only up to the total cost, although there may be a deduction made to account for fair usage.
If the CPWH play hard to get then Trading standards will take up your case as long as they don't think you are trying it on!

 

[benh-]

Best advice is to ring trading standards (google their number for your area). They will explain your legal position under the sales of goods act 1979, which I would note places the legal responsibility for repairing or replacing the iphone with the original retailer (CPWH if I follow the thread correctly not Apple) you will probably need the original receipt though.
Most peeps here seem to underestimate the protection supplied by the sale of goods act. My 3.5 year old TV recently broke...under the sale of good act a TV should be expected to last at least 6 years...a quick call to the retailler, Currys, and they agreed to pay for the repair or to replace the TV with a new one to the cost of the original invoice if beyond economical repair. As I had bought the TV with a credit card then the credit card company is equally and seperately responsible for repairing/replacing the TV.
If the CPWH play hard to get then Trading standards will take up your case as long as they don't think you are trying it on!

Thanks very much for that info mate. I'll certainly be doing this if I get no further with my local Apple Store. Thanks again.

 

[sananda]

Best advice is to ring trading standards (google their number for your area). They will explain your legal position under the sales of goods act 1979, which I would note places the legal responsibility for repairing or replacing the iphone with the original retailer (CPWH if I follow the thread correctly not Apple) you will probably need the original receipt though.
Most peeps here seem to underestimate the protection supplied by the sale of goods act. My 3.5 year old TV recently broke...under the sale of good act a TV should be expected to last at least 6 years...a quick call to the retailler, Currys, and they agreed to pay for the repair or to replace the TV with a new one to the cost of the original invoice if beyond economical repair. As I had bought the TV with a credit card then the credit card company is equally and seperately responsible for paying for repairing/replacing the TV. You can claim from both the retailer and the credit card company but only up to the total cost.
If the CPWH play hard to get then Trading standards will take up your case as long as they don't think you are trying it on!

doesn't the sale of goods act insert terms into every relevant consumer contract? and isn't the complication that benh- is not a party to the contract?

 

[sananda]

i've found the uk warranty, will read through it now and let you know.

 

[benh-]

i've found the uk warranty, will read through it now and let you know.

Thanks.

 

[iPhone3G]

No details have ever changed. They know when the iPhone was bought..it's on the serial number: name a detail thats changed then...

The details that have changed are synonymous with the alterations in your story-telling:

First you were given an iPhone. Later you stated you bought it from a "mate."

First it was damaged the first week of November. Later it wasn't even purchased until November 30th.

First you claimed it stopped working while you had it and the battery died. Later you unclearly presented it as though you "played with it" and then it stopped working while in your friend's possession the following day.

Those "mate" are all details, and changing ones at that.

But overall, you just have no case. At the very least Apple can just say that you cannot prove a non-relation between the damage and the functionality. Physical damage, no matter how minimal, is perfectly reasonable enough grounds to dismiss any claims for a replacement. The sale of goods act does not state that consumers who damage/break their products are entitled to free replacements or repair. Add to that the various unusual premises aforementioned, and you get a company which is not going to budge on their position.

Therefor, you, sir, are the equivalent of what a screw is as it gets turned into its destination.

 

[sananda]

Thanks.

well actually i can't find anything in it to say that you are not covered by the warranty. perhaps someone else would care to read it to see if they agree (http://images.apple.com/legal/warranty/docs/iphoneuk.pdf).

the only reference to the original purchaser seems to be by reference to the period during which the warranty operates starting from the date of purchase by the original purchaser.

but i have found this exclusion:

This warranty does not apply ... (f) to consumable
parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship

so you need to say the following:

1. you have a warranty

2. the dent is likely to be irrelevant to the warranty claim as it occurred months before the battery stopped working making the chances of a causal link slim.

3. argue that the battery suddenly stopping working rather than an incremental reduction in holding a charge which points to a defect in materials covered by the warranty rather than wear and tear which would not be covered.

i would put the above in writing.

 

[senorFunkyPants]

doesn't the sale of goods act insert terms into every relevant consumer contract? and isn't the complication that benh- is not a party to the contract?

It would definitely be easiest for the original purchaser of the iphone to return it to the retailer.
Certainly if the iphone wasn't bought from an Apple shop then Apple have no obligation whatsoever to the buyer for replacing or repairing the iphone. That obligation lies solely with the shop that it was bought from.

 

[defenderoftheo]

How the heck am I wasting there time? I'm a customer, and they are offering support. / Of course I am! Apple are actively promoting that you give a family member or friend your old iPhone. Therefore, if the iPhone is still under warranty (as it is), I am now one of Apple's customers. I am already, I have lots of Apple products, and have always been a fan of them.

No your not their customer, you did not buy the phone from them.

 

[darngooddesign]

Your warranty is void, because you're not the original owner.

That is incorrect.

Apple just sent me a box so I can have something fixed on a MacBook I just bought, of which I am at least the third owner.

 

[senorFunkyPants]

This warranty does not apply ... (f) to consumable
parts, such as batteries,

The iphone's warranty is in all cases superceded by the Sale of Goods act....this states that the purchased item must be of "Satisfactory quality" which includes an expectation that products must last a reasonable time which in the case of an intergrated (non-user changable) battery would be for the expected life of the unit.

 

[sananda]

The iphone's warranty is in all cases superceded by the Sale of Goods act....this states that the purchased item must be of "Satisfactory quality" which includes an expectation that products must last a reasonable time which in the case of an intergrated (non-user changable) battery would be for the expected life of the unit.

as i said before i don't think benh- is a party to the contract which has the terms inserted by the sale of goods act.