Eir Does Not Undertstabd the Sale of Goods Act

portcrap

Having spoken to a number of “customer service” representatives, retail staff and, by proxy, floor managers and supervisors I have been told that the Apple Manufacturers Waeranty “overrules” the Sale of Goods Act. Does anybody in Eir know what they are doing?

Have a phone that I got on contract and that developed issues 15 months into the contract. It’s past the one year manufactures warranty but as it’s a hardware issue it’s well within consumers rights protection. Not that I needed it, but confirmed it with Apple and CCPC. Do I really have to take eir to small claims court? This issue is so crazy that I would almost believe that these people have been deliberately misinformed. Now waiting over 2 months to get this issue resolved, with one rep agreeing to repair it free of charge and another saying their manager has said no. Seriously.....


Eir you are a complete disaster of a company!!!!!

portcrap

This is what I’ve just received today:

“I would like to inform you that we had escalated your issue to our supervisor for review. They have advised us to inform you that we have an Apple repair policy here at eir mobile which states that any faulty iPhone unit has to be sent to Fonfix who are Apple Certified technicians for assessment, provided the handset is not user or liquid damaged.


If the stated fault is confirmed, the handset is replaced under Apple 12 months warranty. However, if the unit is out of warranty as in your case, there will be a charge for a repair/ replacement unit/handset which payable by the customer.


In case, you are not satisfied with our repair process then you can have the handset returned back to you unrepaired and then sent it directly to Apple for repair from your end.”

eir: Kyle

portcrap wrote: »

This is what I’ve just received today:

“I would like to inform you that we had escalated your issue to our supervisor for review. They have advised us to inform you that we have an Apple repair policy here at eir mobile which states that any faulty iPhone unit has to be sent to Fonfix who are Apple Certified technicians for assessment, provided the handset is not user or liquid damaged.


If the stated fault is confirmed, the handset is replaced under Apple 12 months warranty. However, if the unit is out of warranty as in your case, there will be a charge for a repair/ replacement unit/handset which payable by the customer.


In case, you are not satisfied with our repair process then you can have the handset returned back to you unrepaired and then sent it directly to Apple for repair from your end.”

Hi there portcrap

Thank you so much for getting in touch.

I can confirm that the information you received is correct.

-Kyle

GM228

Stumbled across this thread and must say I'm always annoyed by this topic when it crops up and service providers use the Apple warranty as a cop out.

eir: Kyle wrote: »

Hi there portcrap

Thank you so much for getting in touch.

I can confirm that the information you received is correct.

-Kyle

The information that the poster must pay for any repair etc from Eir or the information they received from Apple, the CPPC etc?

The information provided by Eir is incorrect and not in accordance with consumer rights afforded by law at both Irish and European level.

May I suggest that Eir make enquiries with their own llegal teams so as to correct your position on these types of matters and if you want we can always discuss the issue on the Legal Discussion forum for a bit of education on the matter, there are plenty of us solicitors, barristers and legal eagles on the forum who actually know the law and what rights it affords, the Sale of Goods and Supply of Services Act 1893 and 1980 for example which afford statutorily rights trump any manufacturer warranties.

portcrap

GM228 wrote: »

The information that the poster must pay for any repair etc from Eir or the information they received from Apple, the CPPC etc?

The information provided by Eir is incorrect and not in accordance with consumer rights afforded by law at both Irish and European level.

May I suggest that Eir make enquiries with their own llegal teams so as to correct your position on these types of matters and if you want we can always discuss the issue on the Legal Discussion forum for a bit of education on the matter, there are plenty of us solicitors, barristers and legal eagles on the forum who actually know the law and what rights it affords, the Sale of Goods and Supply of Services Act 1893 and 1980 for example which afford statutorily rights trump any manufacturer warranties.

Absolutely spot on! How on earth have companies like Eir gotten away with this. What annoys me the most is thinking of how many people have been duped by this response from Eir and not pursued it. Its not an insignificant amount of money when we are talking about hardware that now costs upwards of €1000 per handset. 

I am not a solicitor but I have taken a few companies to small claims court under the sale of goods act and won. The law is very clear. The ubiquitousness of this advice leads me to believe that Eir have strategically decided to either deliberately or inadvertently misinform their customers to their rights. This practice has to STOP. 

Unfortunately, and I mean that as no one wants to seek legal remedy in theses cases, I will take this all the way to small claims. I'll use this thread to post updates, so that if anyone else finds themselves in this position they can check the outcome and process used.

In the meantime @eir:Kyle I strongly advise you to refer this to your legal department and check the veracity of your 'advice' / information and request that you relay any response to this forum. After 16 calls, 4 emails, 5 weeks without my phone I assure you I will be engaging with your management team on this referring all communication to them. 

jcd5971

If nothing else this thread is a godsent to you.

They have stated on a public forum through an official representative that they will not comply with the law and believe their policy supercedes it.

I'd take it to court and enjoy an easy win op.

portcrap

jcd5971 wrote: »

If nothing else this thread is a godsent to you.

They have stated on a public forum through an official representative that they will not comply with the law and believe their policy supercedes it.

I'd take it to court and enjoy an easy win op.

Getting to the stage where unfortunately I may have to and yes I suppose they've made their position very clear and in writing....