I'd argue that none of this is covered by the warranty - EU or elsewhere.
Let's see what the EU feel about this: (
https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/index_en.htm)
- In some EU countries you must inform the seller within 2 months of discovering a fault, otherwise you may lose your right to the guarantee.
- Within 6 months of receiving the goods, you need to show the trader that the goods are faulty or not as advertised.
- After 6 months, in most EU countries, you need to prove that the defect already existed on receipt of the goods - for example, by showing that it is due to the poor quality of the materials used
So, 1. How many folk have notified Apple about the issue - not talking whining on forums, firing off legal action, I'm talking contact Apple directly, via store or otherwise.
2. How many of you informed Apple WITHIN 6 Months that the item is faulty.
3. Now prove that the defect existed on receipt. No, bear in mind we're not talking about the design of the item, we're talking a manufacturing defect here.
As for the batteries; here's what your two year warranty DOESN'T cover: Batteries, to wit:
This Warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time
Never ceases to amaze me how folk seem the have got it in the heads that a warranty is all encompassing and covers the entire device, soup to nuts with no exclusions.
Apple screwed up here because they didn't communicate. You can't sue for that and that's not in the warranty either.
In addition, there's nothing in any EU law that requires Apple to fix these issues free either: (
https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/faq/index_en.htm)
I bought a phone a little over a year ago, and it has stopped working. The trader refuses to fix it for free. Don't I have a two-year legal guarantee?
The legal guarantee is valid for a period of two years throughout the EU. But there are certain conditions.
The legal guarantee covers any defects presumed to have existed at the time of delivery and which become apparent within a period of two years. However, the crucial time period here is the six months following purchase:
- Any fault that appears within six months will be presumed to have existed at the time of delivery. The seller must then repair or replace your phone free of charge - or reimburse you if repairs or replacement are impossible.
- After six months, you can still hold the seller responsible for any defects during the full two-year guarantee period. However, if the seller contests this, you must be able to prove that the defect existed at the time of delivery. This is often difficult, and you will probably have to involve a technical expert.
So, here's the challenge, prove that battery was defective ON THE DAY OF DELIVERY.
Good luck with that.
And please, do not confuse the number of investigations and lawsuits with actual results. It's easy to start an investigation - getting
anything out of it is tough though.
[doublepost=1516366121][/doublepost]
Why you take my post so personally?