UK - Iphone issues, what are my rights...

Discussion in 'iPhone' started by thesheephair, Apr 2, 2008.

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  1. thesheephair macrumors member

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    #1
    Dad bought the iphone to show customers what we where giving away for orders over £500 etc etc

    So he bought it in December, didnt bother acitivating it or anything as he didnt need to use the iphone itself, just to show it to people. So it was rarely turned on.(he didint jailbreak or acitivate it illegally or anything)

    He gave it to me on Monday, i put it in the dock loaded up itunes, was about to acitvate it through itunes, but was called for dinner, went downstairs come upstairs to a stupidly hot ihpone thats burning and a cracked screen, take it of the dock and let it cool down.

    I took it to apple, they say, due to the fact it hasnt been activated we cant do anything about it.

    Took it to carphone warehouse, they said its cosmetic damage we cant do anything about it.

    Took it back to apple and they said we cant do anything, you have to take it up with apple care.

    oh and the back plastic bit has slightly melted
    So i did and spoke to a supervisor, got a case number, he told me to take pictures and email them to him, he passed them on to an engineer who shoud reply either today or tomorrows latest. Then they will send a courier?

    What the hell is it with CPW and Apple (both in Meadowhall Sheffield)
    Where do i stand if he says they cant take it in for repair or replacement??
     
  2. arkitect macrumors 601

    arkitect

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    #2
    Well firstly I guess you are lucky the house didn't burn down if the iPhone was burning and so intensly hot it had cracked the screen… :eek:

    Apple Care should certainly sort you out and replace it with no questions asked.

    This is odd though:
    If O2 said that I might understand, but Apple?

    Out of curiousity I phoned up my local Apple store — Kingston — and asked if I could get an iPhone replaced that I had received as a gift and hadn't been activated since it was bought… basically using your story as a template ;) "Bring it in and we will replace it…" Nothing about not being activated etc etc. I guess YMMV?
     
  3. thesheephair thread starter macrumors member

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    #3
    Theyre sayings its odd how youve had it since december and havnt activated it.....and the iphoone is in like used coniditon, the back has got some little scratches etc etc etc, grrrrrr this is irritating.
     
  4. arkitect macrumors 601

    arkitect

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    #4
    Ah well in that case I think they suspect you of jailbreaking etc etc…

    Why wasn't the iPhone ever activated though? Surely it couldn't show anyone anything much if it was never activated?
    And as a legit business expense I am sure it would have been no bother.
    I guess that is 20:20 hindsight. :eek:

    Hope you get it sorted.
     
  5. Santa Rosa macrumors 65816

    Santa Rosa

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    #5
    How did you manage to do that? Sure you didnt do anything wrong as that sounds really bizarre.

    Have you explained to them that is what happened in that you cant activate because this has happened??

    To be perfectly honest I dont think its Apple can do anything, you never signed up for a contract so they state clearly that they will not service the phone as far as I gather but you could say that you couldnt sign up for the contract as the phone fried itself. The part about the phone frying itself seems really suspect to me though.
     
  6. thesheephair thread starter macrumors member

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    #6
    Exactly thats why its so difficult to do anything about it, id be more than happy for them to take it in to open up and see from the inside, but they wont do anything :( espicially when its under warranty
     
  7. thesheephair thread starter macrumors member

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    #7
    Dad didnt want to activate it as he already has a nokia 8gb, he just wanted to buy the iphone to show our customers what they would get as complimentary gifts, it wasnt turned on or anything, i was the 1st person to put it in the dock a couple of days ago
     
  8. arkitect macrumors 601

    arkitect

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    #8
    That's what I am curious about. :) What use was an unactivated or un-jailbroken iPhone?
    You get the welcome screen… but not much else surely? :(
     
  9. thesheephair thread starter macrumors member

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    #9
    its just for the customer to see and hold.....
     
  10. Santa Rosa macrumors 65816

    Santa Rosa

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    #10
    If your completely stuck you could just wait, save up a bit of cash and dive on the 3G iPhone when it comes out, shouldnt be much longer now.

    You never know maybe its a good turn of luck for you!!
     
  11. thesheephair thread starter macrumors member

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    #11
    You have to admit though, £270 down the pitter and it hasnt even been used :(:eek::eek:
     
  12. thesheephair thread starter macrumors member

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    #12
    oh and the back plastic bit has slightly melted
     
  13. arkitect macrumors 601

    arkitect

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    #13
    But, think of it from a business angle. Surely it came in useful and served its purpose? Not a complete loss.
    Hopefully you gained more in business £s to cover this loss. :D:D
    (I am not saying it is right that the iPhone screwed up… but in perspective)
    Wouldn't your company's equipment insurance perhaps cover it?
    Just a thought.

    Anyway, keep plugging away at Apple care… they should be able to help.
     
  14. thesheephair thread starter macrumors member

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    #14
    Insurance would cover it with excess £50, but whats the point, apple should replace/repair with no questions asked
     
  15. arkitect macrumors 601

    arkitect

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    #15
    Unfortunately from Apple's perspective they assume the machine has been tampered with. So the onus is on you or company to convince them it hasn't.

    Look at it dispassionately:
    Unactivated iPhone — not brand new out of the box…
    Obviously "used" with scratches etc…
    Only conclusion Apple might draw is it is a Jailbroken/unlocked iPhone that has malfunctioned because of tampering.

    Not completely unreasonable. :(
     
  16. zainjetha macrumors 6502a

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    Aug 11, 2007
    #16
    Apple are arrogant and need a good slap across the face and told to wake the **** up.... sorry excuse my language...

    have you read the post about the guy who bought a 160gb ipod classic and was a 60gb video and they refused to replace it...

    its always good to admit you are in the wrong but not for steve...
     
  17. thesheephair thread starter macrumors member

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    #17
    IF they can supply me with hard evidence that this is the case, then i would walk out and not disturb them again,

    but at the moment the fact is, hardware has failed and broken the phone, its under warranty and they are responsible to hold up this contract on there side of the deal :mad:
     
  18. m477h3w macrumors 6502

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    Bristol, UK
    #18
    Totally agree. I have just ready your story, and assuming you are telling the truth, I feel really bad for you. It is innocent until proven guilty in the UK, so they really should be replacing the phone for you. Disgraceful. I can only suggest you keep pressing. Try some different Apple stores etc. Bummer :mad:
     
  19. anim8or macrumors 65816

    anim8or

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    Scotland, UK
    #19
    I'll keep this short as i just wrote a nice long reply only to lose it (oops!!!)

    No activation=No warranty.

    I'll explain... ...When you officially activate your iphone it automatically registers your handset with apple, thus activating the warranty/applecare.

    If you dont then all you have to go on is the sales policy/returns policy of the store where you bought it, from the sounds of it your sales warranty is well gone.

    I also have to say (not that i do not believe you) your story sounds a little far fetched, especially at a time when apple/o2/carphone warehouse/and the rest must be getting a lot of 'bricked' returns due to hacktivated handsets....

    ...this will be making them look further at any phone that hasn't been activated officially.

    Unfortunately your faulty phone comes at a time when the companies are sceptical.

    As for your comment that appple should replace it no questions asked, thats is rubbish. Would you go into a store with a product bought somewhere else, no proof of purchase, and what seems to be a misused product and expect an immediate refund no questions asked? I dont think so.

    I don know what business you run but i am sure you would feel the same with one of your products.

    End of story all i can say is good luck to you and i hope it gets sorted, but i wouldn't set my hopes to high.
     
  20. thesheephair thread starter macrumors member

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    #20
    Sales Of Goods Act?
     
  21. iGav macrumors G3

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    #21
    You need to speak to either Consumer Direct or your local Trading Standards immediately.

    For two simple reasons. Firstly, if the product's failed as you've stated, then they'll be very, very interested to know about it. ;)

    Secondly, by refusing to diagnose the problem to ascertain the fault, they (CPW) could very well be breaking the law, and believe me Trading Standards love that kind of thing.

    Making a complaint. Btw, which is exactly what I would be doing if CPW continue to take the attitude you described in your first post.
     
  22. thesheephair thread starter macrumors member

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  23. chrisparr macrumors regular

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    Mar 10, 2008
    #23
    If they continue to firewall you, submit a case to the small claims court.

    Apple or CPW (both if you are a bit of a fluke), will probably just dish out a new phone rather than go to court.

    Their legal fees will be way more than the cost of the phone, so unless they want to attempt to set some sort of exapmle, you should get what you want.

    Even if they do fight it (if your story is true), the judge will probably tell Apple/CPW off for wasting his/her time and order them to give you a new phone.

    C
     
  24. thesheephair thread starter macrumors member

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    #24
    If i was lying i would have given up a long time ago lol
     
  25. speakerwizard macrumors 68000

    speakerwizard

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    London
    #25
    apparently an iphone needs to be activated within 2 weeks of its purchase as a part of the contract.
     
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