iPhone 4 Home Button: Out of Warranty

Vivara

What are my rights?

My iPhone 4's home button is rapidly deteriorating, it is unresponsive 50% of the time and I have to press hard for the phone to recognise it. The double-click function doesn't work and thus, I can't access the multi-tasking tray, except on rare-occasions.

I have never dropped it, never got water on it, it's permanently in its case and it's never in a pocket with anything else. I literally treat the thing so well.

I know if I phone Apple, they'll tell me that because it's out of warranty (by a few weeks), I'll have to pay €200 for an out-of-warranty service.

My argument is going to be that a phone that's button doesn't work after just a year is not fit for purpose. It clearly isn't. I would think otherwise if it had even a scratch or that I was careless or I dropped it into the bath, but a phone which ceases to function well after just over a year surely is not fit for purpose. I mean come on.

I'm sure you'll agree. How should I handle the support phone call? Threaten them with the Small Claims Court (where I think I would have success)? Mention my Comsumer Rights? I haven't ever had to make a complaint before!

I wouldn't care only that I'm a very loyal customer of Apple (as many are) and that I'm buying a 4S in three weeks and wanted to pass this phone onto my sister. But FFS, it doesn't even work properly.

Opinions?

P.S. I'm aware my contract is with O2, the seller, but they always direct you to Apple.

opendoor2

in my opnion, I think you may have a discussion with O2 as you buy this from them

ch750536

Depends on when you bought it. Under the Irish Sale of Goods act you are protected for electronic items for up to 6 years but it needs to be proven that this was a manufacturing defect.

First thing I would do in this situation is write a letter to the manager of the store you bought it from (your contract is with them) stating the issue clearly and that you wish them to repair, replace or refund the item as stated in the Sale of Goods act. Send the letter recorded delivery and give them 2 weeks to responds. See what happens from there.

NinjaTruncs

Is Warrenty an issue here, under law the length of warrenty is irrelevant, the device has to be fit for purpose, for a device which has 5 buttons I would expect them to outlast the the owner.

A small claims application could be a wiser spend and if it's rejected you won't have lost out on much.

Nonoperational

It's a difficult one. Firstly the contract is with the retailer but the home button gets so much use they could argue it's wear and tear as opposed to a manufacturing defect.

drunkmonkey

Vivara wrote: »

I know if I phone Apple

Before you do anything else, call apple, don't assume you know how they'll handle it. It might be worth taking out applecare as well, if you start messing with a shop right now it's going to be weeks before it gets to apple, call apple now there number is 1850 946 191

dudara

Judging by your post, it doesn't appear that you've gotten in touch with Apple.

That would be my first action straightaway. We can offer better advice, if required, after you've spoken to them.

foggy_lad

NinjaTruncs wrote: »

Is Warrenty an issue here, under law the length of warrenty is irrelevant, the device has to be fit for purpose, for a device which has 5 buttons I would expect them to outlast the the owner.

A small claims application could be a wiser spend and if it's rejected you won't have lost out on much.

The Small Claims Court will require you to exhaust proceedures with the retailer before you take a case.

gpf101 wrote: »

It's a difficult one. Firstly the contract is with the retailer but the home button gets so much use they could argue it's wear and tear as opposed to a manufacturing defect.

The home button is clearly not fit for purpose and not reasonably durable if it is not designed to last as long as the phone.

jester77

It could be that button needs to be recalibrated, worth a shot if you have not tried it already.

Tazium

Blow as hard as you can into the connector port at the bottom. It might help to shift any lint or dust under it. Blow as opposed to compressed air.

Jev/N

Tazium wrote: »

Blow as opposed to compressed air.

Can of compressed air is more suitable as blowing can introduce moisture into the area

Tazium

Please don't use compressed air, you risk damage to other components by displacing the dust or lint. Don't spit when you blow. (it's not AH so no dodgy comments)

Vivara

Thanks guys. I tried phoning tonight, but you need to pay €35 to speak to someone if you're out of warranty! Couldn't believe it. Didn't have a credit card handy so I'm retrying tomorrow.

Everyone's responses seem sensible — thanks for the advice.

forestfruits

I think your right and you should still be covered by the sale of goods and supply of services act- its not fit for purpose- go talk to the people you purchased from, if all else fails you can take it through the small claims court.

Be reasonable and allow them to attempt repair but at no cost to yourself

Nonoperational

foggy_lad wrote: »

The Small Claims Court will require you to exhaust proceedures with the retailer before you take a case.

The home button is clearly not fit for purpose and not reasonably durable if it is not designed to last as long as the phone.

How do you know it wasn't abused in some way? Not saying it's the case but it's a get out clause. It's very hard to prove a manufacturing defect. I hope you get some satisfaction but it might be hard. Sometimes Apple can surprise you though... Try get in touch with them.

foggy_lad

gpf101 wrote: »

How do you know it wasn't abused in some way? Not saying it's the case but it's a get out clause. It's very hard to prove a manufacturing defect. I hope you get some satisfaction but it might be hard. Sometimes Apple can surprise you though... Try get in touch with them.

The phone is not working as it should so has a fault and if returned to the retailer, it is up to the retailer to show that the fault has been caused by customer damage beyond reasonable wear and tear, if they cant do this they are liable to repair replace or refund.

Nonoperational

Are you sure it's up to the retailer?

dev100

gpf101 wrote: »

Are you sure it's up to the retailer?

If you have a problem with a product, your contract is always with the retailer where you bought the product.

hdowney

this is a COMMON problem with the iphone 4. the amount of people who's phones this happened to. there is a massive thread on the apple forums about this.

i sent mine back (i will admit within warrenty but) and they replaced the phone.

Vivara

OK—

I phoned Apple (turns out they didn't charge me the €35), and they basically said it's out of warranty and if I was less than 30 days out they would make an exception, but since I didn't choose to extend it, I'm out of luck. I used some of the arguments that you guys proposed and mentioned Consumer Law, but she said that Apple was the manufacturer and that I would have to talk with my service provider or who ever sold me the phone. Pretty much as I expected.

So obviously, I have to deal with O2. Is sending a registered letter to the manager of the store I bought it in the best first course of action? I would have thought that that was a bit extreme. Should I go into the store and see what they say?

Basically, what steps should I take from now on?

Thanks!

slimjimmc

Have a chat with the store manager first, be polite but firm. You can make him aware you know your rights but don't go ranting about them as that would be counter-productive.

If you get nowhere (which is likely) then send a registered letter saying you're invoking your right under the SoGSA, detail the problem, the response you got from your previous visits, how you want the issue redressed (though that's up for negotiation), and when you want it. Tell them you're giving a reasonable amount of time , e.g. 10 working days after which you will go to the Small Claims Court.
PS: you are not obliged to accept vouchers or credit in lieu, you are free to accept it if you wish but you're not obliged.