iPhone 5 defect, who's responsible?

[iBueno]

We've had our iPhone 5 since launch day and we got it as part of our contract with Orange (EE) and recently we've noticed that the mute switch becomes very stiff and we have to rock it back and forth a good few times for it to become usable again.

We consider it a defect as we take good care of the phone and it's always in a case. Don't use the switch more than the average person.

Who is responsible for attempting to repair it? Orange or Apple? How would we go about approaching either party?

 

[hamiltonDSi]

Take the phone in - walk out with a new one (refurbished). Simple like that.
Orange or Apple, doesn't matter.
I took my iPhone 5 to Orange Romania (lock button stopped working) and they gave a new one. (refurbished - perfect condition)

 

[iBueno]

Take the phone in - walk out with a new one (refurbished). Simple like that.
Orange or Apple, doesn't matter.
I took my iPhone 5 to Orange Romania (lock button stopped working) and they gave a new one. (refurbished - perfect condition)

When we've been in to Orange in the past (about the Scuffgate, our phone came in bad condition), they said something along the lines of "we aren't aware of that/those problems so we can't do anything about it, we get sent a list of all manufacturer problems and Apple haven't officially said anything about that particular problem".

We then went into Apple and thy said they couldn't do anything as we didn't buy the phone from them (even though Scuffgate was an issue stemming from how the devices were manufactured).

We need to know who to go to as we hardly get any spare time to go into the town centre, don't want them passing the book to one another.

 

[hamiltonDSi]

Again, go to Orange.
Scuffs aren't problems, they are OCD stuff. Of course they will send you away.
A broken button is a problem and they will replace it, no questions asked.