Apple users should be aware of this

poundhound

After a month of trying to get a retailer to assist with an ipad defect, and getting nowhere, I learned about the EU consumer warranty.

In addition to apples standard 12 month warranty, there is an additional 12 months warranty due under the EU consumer law.

I was fobbed off a couple of times as my ipad was 18 months old and pointed in the direction of a 3rd party repair centre, until I marched into the store armed with the warranty claim form. At this point they accepted the ipad and replaced it with a new one.

The store manager detailed they will honour the warranty to those aware of it, but on the advise of apple, wont promote it?!

(NB. The warranty states the problem must have been present at the time the apple device was purchased)

Coincidently, this article was featured on techradar.com highlighting the same issue http://www.techradar.com/news/computing/apple/applecare-warranty-under-fire-by-european-union-officials-1101166

nemesisdg

Well done you! Sir or madam. But probably Sir.

Evergreen

For anybody interested in availling of this, here is a link to the page on the Apple website.

It's not so easy to find this page, they have a small link buried in one of the Applecare pages....

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

Sad Professor

poundhound wrote: »

The store manager detailed they will honour the warranty to those aware of it, but on the advise of apple, wont promote it?!

He was lying. It's got nothing to do with Apple. Retailers aren't in the habit of reminding people of their consumer rights. They would have fobbed you off regardless of the product. Under consumer law it's the seller not the manufacturer who is obliged to repair/replace a faulty product. The manufacturer warranty that Apple provides is separate and in addition to your consumer rights.

The Apple/EU issue in that link relates to how Apple advertises AppleCare in official Apple Stores. They understandably would prefer that you buy AppleCare rather than seek repairs under the EU guarantee. But they are no different than any other retailer in this regard.

I strongly suspect that even retail managers are poorly informed of consumer law which is why it's so difficult to get anywhere with them without going the small claims route. If anything all this heat Apple is getting from the EU should make it easier to claim from them.

BanjoB

I have a 4s that's just out of 1 year warranty with a now defective home button. Could I avail of this?

seamus

BanjoB wrote: »

I have a 4s that's just out of 1 year warranty with a now defective home button. Could I avail of this?

Yes. But you have to go back to the retailer, not Apple. The item purchased should remain free from defects for at least two years after you purchase it (though it can be longer depending on the item).

SnowDrifts

OP can you let us know what the defect was?

poundhound wrote: »

(NB. The warranty states the problem must have been present at the time the apple device was purchased)

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The reason I ask is that it might be hard for a customer to prove that a said defect was on his apple product 23 months prior.

For example, the home button issue just mentioned would not be covered because it probably worked fine on the first day you go it.

BanjoB

seamus wrote: »

Yes. But you have to go back to the retailer, not Apple. The item purchased should remain free from defects for at least two years after you purchase it (though it can be longer depending on the item).

I purchased it from apple.ie

seamus

Well then Apple are the retailer, so ring Apple but don't let them fob you off with "outside warranty" or similar nonsense. You are covered for any defects arising in the first two years.

Tefral

SnowDrifts wrote: »

OP can you let us know what the defect was?



The reason I ask is that it might be hard for a customer to prove that a said defect was on his apple product 23 months prior.

For example, the home button issue just mentioned would not be covered because it probably worked fine on the first day you go it.

It doesnt have to be on his phone 23 months prior. The defect would have always been there because it failed after use. A product would have to be designed to last a reasonable amount of time. The EU obviously sees this as 24months.

SnowDrifts

cronin_j wrote: »

It doesnt have to be on his phone 23 months prior. The defect would have always been there because it failed after use. A product would have to be designed to last a reasonable amount of time. The EU obviously sees this as 24months.

But surely then apple are going to say that the home button failure was wear and tear/ dust dirt issue and therefor the defect was not present "when the customer takes delivery".

My own home button is failing but unfortunately, I am just outside this 2 year period IF you could argue that this was a defect at purchase.

poundhound

The iphone 4 home button defect is not covered as it seems the problem arose recently.

To be clear, the warranty states "Defects present when customer takes delivery".

See earlier link by Evergreen above.

seamus

poundhound wrote: »

To be clear, the warranty states "Defects present when customer takes delivery".

That's just Apple's interpretation.

In any case, it's still covered under Irish law which requires goods to be of merchantable quality:

Goods are of merchantable quality if they are as fit for the purpose or purposes for which goods of that kind are commonly bought and as durable as it is reasonable to expect having regard to any description applied to them, the price (if relevant) and all the other relevant circumstances, and any reference in this Act to unmerchantable goods shall be construed accordingly.

Failing after a year due to wear and tear would mean that the item is not as "durable as it is reasonable to expect" and is therefore not of merchantable quality under Irish law.

Elessar

People are getting confused.

The EU directive was not brought into Irish law because Irish law offers greater protection.

The law here states that a product must be of merchantable quality and last as long it is reasonable to expect. This is not limited to 2 years. Also, no where in the irish statute does it state that a defect must be present when the customer takes delivery. And the statute of limitations means you can take action on a faulty product UP TO 6 years after you bought it (that does not mean there is a 6 year warranty).

The key word is "reasonable" and each case is handled on its merits. If you paid €2000 for a laptop and it failed after 3 years, it would generally be seen as reasonable for it to have lasted longer, and so you have a case to get it repaired replaced or refunded. Generally you will have to take a case in the Small Claims Court to see your rights enforced in circumstances like these. If you paid €300 for the same laptop however, it probably wouldn't be regarded as reasonable for it to last as long.

Eire Go Brach

poundhound wrote: »

After a month of trying to get a retailer to assist with an ipad defect, and getting nowhere, I learned about the EU consumer warranty.

In addition to apples standard 12 month warranty, there is an additional 12 months warranty due under the EU consumer law.

I was fobbed off a couple of times as my ipad was 18 months old and pointed in the direction of a 3rd party repair centre, until I marched into the store armed with the warranty claim form. At this point they accepted the ipad and replaced it with a new one.

The store manager detailed they will honour the warranty to those aware of it, but on the advise of apple, wont promote it?!

(NB. The warranty states the problem must have been present at the time the apple device was purchased)

Coincidently, this article was featured on techradar.com highlighting the same issue http://www.techradar.com/news/computing/apple/applecare-warranty-under-fire-by-european-union-officials-1101166

What was the fault with your iPad?

poundhound

Loss of the 3G facility.

Could only access internet via wifi.