Warranty on replacement phone

nails1

I originally bought an Iphone 5 18 months ago, which stopped working after 6 months and was subsequently replaced by Apple with a new handset. So I've the replacement one for a year now and a few weeks ago and the exact same problem as before has happened again i.e. it won't charge or switch on. I recently gave it into the phone shop where I bought it and they sent it off to the repair company who are now looking for over €200 to fix it. Should I not be covered by the 12 month warranty as I only got the replacement phone this time last year? If not i.e. warranty started with the original one from 18 months ago can I use the 2 year EU warranty argument, has anyone done this successfully? I don't feel I should be paying €200 + to repair a phone I've had for only a year that has stopped working through no fault of my own...

guil

Apple give you the remainder of the original warranty or 90 days, Whichever is longer.

Oryx

guil wrote: »

Apple give you the remainder of the original warranty or 90 days, Whichever is longer.

But irish consumer law is stronger than that, it gives you up to 6 years, (based on the usage seen to be reasonable for the product). You need to take this up with the retailer that sold you the phone.

theteal

Warranty means nothing in Ireland. You're protected under the sale of goods and services act once you haven't actually damaged the unit. Are they saying it's just warranty elapsed or user damage? If the former, I would be standing firm and exercising my consumer rights. 18 months is not a reasonable lifespan for a properly expensive piece of kit (assuming it was well cared for).

Use this argument with the manager of the shop. Expect to hear loads about warranty and company policy bull. If he doesnt offer to pursue it higher up the chain (which is all he can do really as store managers can't authorise anything), send a registered letter to the company's head office stating your case and give them a reasonable timeframe (10 working days) for resolution before you go to the small claims court. I would bet that you'll hear back from them before you need to fill in the online court application.

This crap has been going on since phone shops were born. IMO the companies know they're infringing consumer law but it saves money as a lot of people just don't know how to exercise their rights and just give up. There are threads like this over in consumer issues every couple of days. Let us know how you get on, OP

nails1

theteal wrote: »

Warranty means nothing in Ireland. You're protected under the sale of goods and services act once you haven't actually damaged the unit. Are they saying it's just warranty elapsed or user damage? If the former, I would be standing firm and exercising my consumer rights. 18 months is not a reasonable lifespan for a properly expensive piece of kit (assuming it was well cared for).

Use this argument with the manager of the shop. Expect to hear loads about warranty and company policy bull. If he doesnt offer to pursue it higher up the chain (which is all he can do really as store managers can't authorise anything), send a registered letter to the company's head office stating your case and give them a reasonable timeframe (10 working days) for resolution before you go to the small claims court. I would bet that you'll hear back from them before you need to fill in the online court application.

This crap has been going on since phone shops were born. IMO the companies know they're infringing consumer law but it saves money as a lot of people just don't know how to exercise their rights and just give up. There are threads like this over in consumer issues every couple of days. Let us know how you get on, OP

Yes they are saying it is because warranty has lapsed. I am now dealing with three parties; Phone Shop (o2), Apple and the repair company. Is it best to deal with o2 directly as they keep telling me to contact Apple?

Gumbo

nails1 wrote: »

Yes they are saying it is because warranty has lapsed. I am now dealing with three parties; Phone Shop (o2), Apple and the repair company. Is it best to deal with o2 directly as they keep telling me to contact Apple?

If you bought the phone from O2, you have to deal with O2, as that's your point of sale and that's where your consumer law is agreed.

I've just last week got my speakers replaced on an iPhone bought 2 years ago for free under EU law directly with apple though.

Sad Professor

kceire wrote: »

I've just last week got my speakers replaced on an iPhone bought 2 years ago for free under EU law directly with apple though.

Did you encounter much resistance?

Gumbo

Sad Professor wrote: »

Did you encounter much resistance?

Nope, not one bit!
Started off online chatting to apple on a Sunday evening through their online chat thing on their support site.

She arranged for their consumer law agent to call me back the following day.
They arranged a genius inspection for the Belfast store for the Sunday.
I went up, he looked at it, mentioned it was in brand new condition so obviously a hardware fault.

Told me to go get a cup of tea and come back in 40 mins.
40 mins later I was leaving with it fixed and some warranty on the wait.

nails1

kceire wrote: »

Nope, not one bit!
Started off online chatting to apple on a Sunday evening through their online chat thing on their support site.

She arranged for their consumer law agent to call me back the following day.
They arranged a genius inspection for the Belfast store for the Sunday.
I went up, he looked at it, mentioned it was in brand new condition so obviously a hardware fault.

Told me to go get a cup of tea and come back in 40 mins.
40 mins later I was leaving with it fixed and some warranty on the wait.

Do you but the phone directly from Apple or a telephone company?

guil

nails1 wrote: »

Do you but the phone directly from Apple or a telephone company?

He bought it direct from apple.

Mimikyu

This post has been deleted.

nails1

I'm going to go to an o2 store this week, does anyone know what part of the consumer act I need to quote?

Gumbo

Captain Morgan wrote: »

This post has been deleted.

My brother bought his from the Meteor Store in Omni Park just under 2 years ago. Went into them last week as his phone will not charge. He has kept it well, covered etc so in good nick. They just looked for proof of purchase, and sent it off to get fixed.

Will report back to confirm that they didnt try get money from him on its return.

guil

nails1 wrote: »

I'm going to go to an o2 store this week, does anyone know what part of the consumer act I need to quote?

Look for a manager and tell them you want it fixed under the sales of goods and services act 1980.

whiterebel

nails1 wrote: »

I'm going to go to an o2 store this week, does anyone know what part of the consumer act I need to quote?

Look up www.nca.ie, which breaks it down into laymen's terms. Make yourself familiar with the Sale of Goods and Supply of services Act 1980.

nails1

guil wrote: »

Look for a manager and tell them you want it fixed under the sales of goods and services act 1980.

Is there any point in referring to the Apple 2 year EU warranty because from what I have gathered this does may not apply to Ireland?

guil

No. The sales of goods act gives better protection. The apple 2 year eu thing only applies in other European countries and only if the phone was bought direct from them. Follow the link above and make notes.

Heisenberg1

Only today I have same problem the Apple warranty was up last week. Screen needs to replaced told by the manger in Meteor that Apple are exempt from the two year EU warranty and irish consumer law what a joke. OP I have given them a letter about the sale of goods act and I am awaiting their response.

Heisenberg1

guil wrote: »

No. The sales of goods act gives better protection. The apple 2 year eu thing only applies in other European countries and only if the phone was bought direct from them. Follow the link above and make notes.

It says that Ireland is covered.

http://www.apple.com/ie/legal/statutory-warranty/

http://www.apple.com/legal/warranty/statutoryrights.html

Sad Professor

Heisenberg1 wrote: »

Only today I have same problem the Apple warranty was up last week. Screen needs to replaced told by the manger in Meteor that Apple are exempt from the two year EU warranty and irish consumer law what a joke. OP I have given them a letter about the sale of goods act and I am awaiting their response.

He was lying/misinformed. The fact that it’s an Apple product has nothing to do with anything. I assume you bought the phone from Meteor. Put it in writing or speak to another manager.

The EU guarantee does apply in Ireland and you can cite it to a shop/reseller if you wish. The main thing to keep in mind is that the protection under Irish law is actually greater than the minimum required by the EU directive. However, if you are within the 2 year period it’s probably simpler to cite the EU directive rather than the Sale of Goods act as the language used in the directive is clearer.

Sad Professor

Btw, I would generally recommend that people don’t use the term “warranty” when seeking satisfaction under consumer law. While Apple use the term to refer to the EU guarantee, a lot of resellers probably associate the word warranty with manufacturer's warranty and will use that convenient misunderstanding as a justification to wash their hands of the issue, telling you take the issue up with the manufacturer. “Oh Apple only offer a 1 year warranty in Ireland", etc. Apple’s 1 year warranty (which is the same everywhere) has nothing to do with the protection offered by the EU directive or the Irish Sale of Goods Act. As a consumer your contract is always with the seller. The one year warranty usually offered by the manufacturer is completely voluntary and is designed to take the weight of responsibility off resellers who would much rather not be on the hook to their customers - but they are, whether they like it or not.

nails1

Heisenberg1 wrote: »

It says that Ireland is covered.

http://www.apple.com/ie/legal/statutory-warranty/

http://www.apple.com/legal/warranty/statutoryrights.html

I see we are covered by 2 year law but is this only if it purchased directly from Apple though.

Sad Professor

nails1 wrote: »

I see we are covered by 2 year law but is this only if it purchased directly from Apple though.

The 2 years (and more) apply to the seller. Be it Apple, Meter, O2, whoever.

whiterebel

nails1 wrote: »

I see we are covered by 2 year law but is this only if it purchased directly from Apple though.

We never implemented the 2 years. In Ireland the Sale of Goods Act affords greater protection than that part of the directive. Look at the footnotes which advise about this. if you look at www.nca.ie they don't make any mention of 2 years, just the Sale of Goods Act. If the 2 years applied, you would think they they would quote it.

Gumbo

kceire wrote: »

My brother bought his from the Meteor Store in Omni Park just under 2 years ago. Went into them last week as his phone will not charge. He has kept it well, covered etc so in good nick. They just looked for proof of purchase, and sent it off to get fixed.

Will report back to confirm that they didnt try get money from him on its return.

Ok, just to report back on this.
He went to the store to collect the phone this evening.
Guy comes out and says €260 please.
My brother says what?

He says it should be covered under EU law, it's a hardware fault. The manager took his details the other day but she wasn't there tonight.

Guy in the shop mentioned if you did not agree to the repair, and the shop didn't authorise the repair then maybe the repair company jumped the gun and repaired it.

Didn't get his phone, was told to speak to the manager in the morning!
He is fuming, I would of just asked to check the phone and walk out but he didn't think of it at the time.

Anybody know what to say in the morning if the manager is not forthcoming?

whiterebel

kceire wrote: »

Ok, just to report back on this.
He went to the store to collect the phone this evening.
Guy comes out and says €260 please.
My brother says what?

He says it should be covered under EU law, it's a hardware fault. The manager took his details the other day but she wasn't there tonight.

Guy in the shop mentioned if you did not agree to the repair, and the shop didn't authorise the repair then maybe the repair company jumped the gun and repaired it.

Didn't get his phone, was told to speak to the manager in the morning!
He is fuming, I would of just asked to check the phone and walk out but he didn't think of it at the time.

Anybody know what to say in the morning if the manager is not forthcoming?

See previous post.......write to them, giving 10 days to have it fixed, or you will bring a Small Claims a court action against them, under the Sale of Goods Act 1980. Which is why Apple sorted yours out in Belfast, they also use SoGA, rather than the EU Directive.

Gumbo

whiterebel wrote: »

See previous post.......write to them, giving 10 days to have it fixed, or you will bring a Small Claims a court action against them, under the Sale of Goods Act 1980. Which is why Apple sorted yours out in Belfast, they also use SoGA, rather than the EU Directive.

Would the letter be addressed to the actual store (point of sale) or to Meteor head office?

whiterebel

kceire wrote: »

Would the letter be addressed to the actual store (point of sale) or to Meteor head office?

Manager, point of sale.

Gumbo

Ok, so he just got a call from the store Manager apolagising for the confusion.
His phone is ready for collection and fixed FOC.

Didnt really have to put up a fight or bang on about SoGA or EU Directive in the end.

guil

Thankfully the networks are honouring this more and more. Vodafone have said they will repair any phone within 2 years of purchase.

Heisenberg1

kceire wrote: »

Ok, so he just got a call from the store Manager apolagising for the confusion.
His phone is ready for collection and fixed FOC.

Didnt really have to put up a fight or bang on about SoGA or EU Directive in the end.

He was lucky Meteor are stonewalling me I have already issued the letter to the store manager but im awaiting a response.

Heisenberg1

guil wrote: »

Thankfully the networks are honouring this more and more. Vodafone have said they will repair any phone within 2 years of purchase.

It's worth pointing out you can still seek redress even after the two years lapses the SOGA covers you for up to 6 years. I used this on a 3 year old TV without any problem.