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Who is responsible through consumer law?

AM currently into 2nd year of contract through Virgin for a iphone6 plus. After the last update display was compromised with grey lines appearing periodically and becoming unresponsive. restarting would temporarily fix the problem, have tried all the others inc factory reset etc. Took it to Genius Bar at Apple who took it apart and said that the phone was in good shape, no sign of misuse Or damage. They said that for them to replace, as we didn't buy the phone from them, it would cost £229, but through consumer law, could cost us nothing, but it would have to be through point of sale, ie Virgin. Now just off phone to Virgin, first phone call went well, saying it could be repaired through consumer law and they would arrange it but suggested another fix. Fix didn't work and we phoned back only to be told that as it was out of year, had nothing to do with them and for Virgin to arrange repair via Apple would cost us £260. A manager promised to phone me back Monday. The question is, as this issue is not our fault, going down the consumer law route, who is responsible, Apple or Virgin as both are saying it's the other?

Many thanks

iPhone 6s Plus, iOS 9.3.1

Posted on Apr 15, 2016 12:11 PM

Reply
6 replies

Apr 15, 2016 12:34 PM in response to Ambquinn

Did you already check the warranty version for the UK about that?

https://www.apple.com/legal/warranty/products/uk-ireland-universal-warranty.html


Apple has a One-Year-Limited-Warranty, after that warranty period they can offer you to replace the phone if you are willing to pay the "Out-of-Warranty" service fee, which is a reduced price for a new device.

Model Screen repair Battery service Maximum out-of-warranty service fee
iPhone 6s Plus £ 126.44 £ 66.44 £ 256.44
iPhone 6 Plus £ 106.44 £ 66.44 £ 256.44
iPhone 6s £ 106.44 £ 66.44 £ 236.44

copied from iPhone Service Pricing - Apple Support

Apr 15, 2016 12:52 PM in response to Ingo2711

Many thanks for reply. I have checked it out as its just out of 1yr warranty but it was Apple store themselves that put me onto 6 yrs under consumer law as there was no user damage to phone, but that it was specifically via point of sale, Virgin. Virgin say its not them, they only handle the initial first year

guarantee on behalf of Apple

Apr 16, 2016 2:15 AM in response to Ambquinn

Did you already check this article?

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


...
Should your product be defective or if it does not conform with the contract of sale, you can choose to make a claim under UK consumer law, the Apple One-Year Limited Warranty or the optional AppleCare Protection Plan or AppleCare+ (whichever is applicable).

...

Consumer Laws in the United Kingdom Apple One-Year Limited Warranty AppleCare Protection Plan or AppleCare+
Claim period England and Wales: 6 yearsfrom date of delivery
Scotland: 5 years from date of delivery
1 year from date of purchase Up to 3 years from date of purchase for Mac or Apple display,
Up to 2 years from date of purchase for Apple TV, iPad, iPhone or iPod
Cost of coverage Statutory rights at no additional cost Included at no additional cost Available for additional cost
How to make a claim Call or visit your seller3 Call Apple support2 or visit an Apple Retail Store or Apple-Authorized Service Provider Call Apple support2 or visit an Apple Retail Store or Apple-Authorized Service Provider

...

...

3.Consumers who purchased Apple-branded or non-Apple-branded products at an Apple Retail Store or the Apple Online Store may be able to claim against Apple. Apple contact details are available here.

...


copied from:

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

Apr 17, 2016 3:13 AM in response to Ambquinn

The claim is against Virgin. They are the suppliers of the phone and the current suppliers of the contract which you are tied to. How, for example, can they keep you to a contract if a component of the contract is not working properly. I cannot see how Virgin can decide what portion of a guarantee they want to service.


Call your local citizens advice bureau or local council for guidance on what to do. Personally, I would go into a Virgin store and ask to talk directly to the manager, suggesting that he alone can prevent you taking up the matter more formally.

Who is responsible through consumer law?

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