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Small claims agains Apple

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2

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    #32
    Tzardine
    Registered Users Posts: 3,884 ✭✭✭Tzardine


    foggy_lad wrote: »
    If the OP goes to sell on the phone will the new owners see that the screen has been replaced from Apples records on the phone? Yes they will and that takes from the value of the phone.

    But how would somebody know that it has been replaced ? I suspect that other than the seller telling the buyer they would never know.


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    #33
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    foggy_lad wrote: »
    For an item costing over €1100 a repair will take from the value of the item so much so that it will no longer be considered new but used and refurbished. In this case a replacement would be more appropriate.

    The cost of the item has nothing whatsoever to do with your consumer rights, they are the same regardless of whether the item is €1 or €1000.

    The op is entitled to repair/replacement/refund, he has been offered repair and is turning it down even though he has no way of proving that the scratch was there when it was delivered or whether it happened during the 12 days he owned it. He'd be better off changing the €25 into dollars and having a couple of Buds in Orlando.


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    #34
    runawaybishop
    Registered Users Posts: 9,507 ✭✭✭runawaybishop


    foggy_lad wrote: »
    If the OP goes to sell on the phone will the new owners see that the screen has been replaced from Apples records on the phone? Yes they will and that takes from the value of the phone.

    Probably not and no it doesn't apple refurbs are as new.


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    #35
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Alpha_zero wrote: »
    It should have been replaced under the remorse period.

    Do you mean distance selling? If you do, it must be returned in the condition it was recieved. No doubt the op activated the phone using iTunes and probably synced it so no, he couldn't return it.


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    #36
    Paulw
    Registered Users Posts: 13,381 ✭✭✭✭Paulw


    davo10 wrote: »
    T
    The op is entitled to repair/replacement/refund, he has been offered repair and is turning it down even though he has no way of proving that the scratch was there when it was delivered or whether it happened during the 12 days he owned it.

    He's being offered a 2nd repair. Since the first repair attempt didn't find a fault. No reason why Apple won't come back again and say they again can't find a fault.


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    #37
    drunkmonkey
    Registered Users Posts: 28,215 ✭✭✭✭drunkmonkey


    Your tired of Apple already : ), have you any idea what's involved in a SCC. It may require a court appearance by you, apple won't turn up, you might have to go to court again, they won't turn up the second time, you'll get a judgement, you'll need to take that to the sheriff, he's got to go collect what ever the judge awards, he'll want commission for collecting and selling if required.
    You'll also need to convince the court you have a case in the first place.
    I think your in the wrong as you won't send them the phone to inspect you don't need to accept the repair once they have it.
    If you fail then and believe it's really worth your time, money and effort to successfully collect over a scratch on an iPhone screen then you go to scc.


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    #38
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    Paulw wrote: »
    He's being offered a 2nd repair. Since the first repair attempt didn't find a fault. No reason why Apple won't come back again and say they again can't find a fault.

    Can't find a manufacturing fault. A scratch that the owner may have put on it is not a fault. Besides which, who loses the plot over a tiny scratch they notice after the phone has been in their pocket for 12 days and can only be noticed when the phone is held up at a certain angle under a light? Will the judge be able to see it and if the judge has an iPhone with a scratch on it, will he agree with the op?


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    #39
    jarvis
    Registered Users Posts: 1,497 ✭✭✭jarvis


    I've had the 'as new' argue menu out with them. They quoted 'as new'.

    It's still refurbished. As new. Not new.

    In relation to scratching it in my pocket. I've had every iPhone since the 3GS skipping the 5c and never got a scratch. I'm a bit of a freak about that stuff.


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    #40
    davindub
    Registered Users Posts: 1,447 ✭✭✭davindub


    jarvis wrote: »
    I've had the 'as new' argue menu out with them. They quoted 'as new'.

    It's still refurbished. As new. Not new.

    In relation to scratching it in my pocket. I've had every iPhone since the 3GS skipping the 5c and never got a scratch. I'm a bit of a freak about that stuff.

    You're dead right, they claim they repair as new, but yet you have already returned it for repair, they have either "repaired it" as new or certified it free from defects and not needing repair, yet you can still see a defect.


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    #41
    whippet
    Registered Users Posts: 7,688 ✭✭✭whippet


    jarvis wrote: »
    Really? I suppose I'll take whatever the best scenario is but I'm gonna aim for replacement.

    Apple don't repair phones ... you will get a replacement if they deem it worthy.

    I have been dealing with apple for almost two decades on a commercial level and I can assure you if they accept the fault you will get a new phone


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    #42
    drunkmonkey
    Registered Users Posts: 28,215 ✭✭✭✭drunkmonkey


    Have you AppleCare+, wonder would they give it as a mends. You can then get a new screen for 29e when you give it a proper crack.


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    #43
    ytpe2r5bxkn0c1
    Closed Accounts Posts: 32,688 ✭✭✭✭ytpe2r5bxkn0c1


    drunkmonkey wrote: »
    Have you AppleCare+, wonder would they give it as a mends. You can then get a new screen for 29e when you give it a proper crack.

    You lost me there. What are you suggesting?


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    #44
    goz83
    Registered Users Posts: 8,034 ✭✭✭goz83


    foggy_lad wrote: »
    If the OP goes to sell on the phone will the new owners see that the screen has been replaced from Apples records on the phone? Yes they will and that takes from the value of the phone.

    Who looks that deep when buying a used phone?

    Anyway, OP, I am also very fussy with these things. I'm the one that mentioned the 28 days btw.

    So, lets get real here and look at the facts.

    You ordered and received a phone from apple.

    You had the phone 12 days before noticing a tiny scratch on the screen, which was then missed by a repair technician.

    The scratch may have been caused by you, but it's also possible that it was there before (though less likely).

    Apple are offering to check it out again, but you are demanding a new phone and threatening the SCC on them.

    These are the facts.


    Now, in my opinion, you are being unreasonable. I understand that you have spent good money here, but this issue does not need to see the SCC.

    If I were you, I would send the phone to apple again and would put a sticky on the screen where the scratch is.

    Apple will either replace the screen, or send you a new phone. I certainly wouldn't mind either, especially when you remember that most likely, the scratch was not caused by apple, but by you.

    The only thing I would have a potential issue with, is apple offering a refurbed phone......which is highly unlikely to happen.

    That said, I got a refurbed iPad mini 3 from them this year and I couldn't be happier with it. My screen developed a fault after 10 months. I bought the pad from a guy on donedeal, sealed, so had no receipt. It was a company prize, engraved with the company name on it, so was registered to a company. Apple changed it to my name, organised the return and sent me the refurb without the engraving on it. Very happy. Give them a chance to sort out what is obviously an easily missed and hard to find scratch.


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    #45
    whiterebel
    Moderators, Business & Finance Moderators, Sports Moderators Posts: 14,931 Mod ✭✭✭✭whiterebel


    Apple should have dealt with it as DOA, or allowed you to return under their 14 day no-quibble policy. The problem is, and has been for a long time, that they show the DOA/Warranty date as ship date, not the date of registration or delivery. It looks like this has skewed the dates for you.
    Personally, I don't think you have a leg to stand on, but some of the information about the SCC on here is debatable to say the least.
    According to the consumer advice website the company have 15 days to respond to your claim; if they don't respond judgement automatically defaults against them. Exactly the same if they don't turn up to court, as far as I'm aware. Judgement against them, and Judge instructs them what to do. If they don't comply. Judge then orders sheriff in to effect the claim. I know Smyths, Meteor and Gamestop have not bothered turning up previously, and automatically had judgement against them. I've been in the SCC and its a pretty straightforward experience. Best bet is to push Apple for the DOA/Return procedure, I would think. Apple would contest it in the SCC.

    http://www.consumerhelp.ie/small-claims


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    #46
    endacl
    Registered Users Posts: 22,312 ✭✭✭✭endacl


    Over a grand?

    For?

    A?

    Phone?

    Dafuq?!?!?


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    #47
    degsie
    Registered Users Posts: 8,748 ✭✭✭degsie


    tl;dr?
    OP bought an expensive phone, after 12 days sees a tiny scratch on screen, demands a new phone.


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    #48
    njs030
    Closed Accounts Posts: 4,030 ✭✭✭njs030


    It's up to the company which of the three r's they choose to do, they've chosen repair and you've refused. Why do you think you can make a claim against them?

    As I asked earlier if you did try to go to the scc you'd have to prove it was a manufacturer fault as opposed to physical damage in the 12 days you had the phone and were using it.
    I worked in a retail company selling apple and have seen hundreds (probably thousands) of apple products and have never ever seen one come out of a box with any damage so I really can't see you winning it TBH.


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    #49
    L1011
    Registered Users Posts: 69,024 ✭✭✭✭L1011


    endacl wrote: »
    Over a grand?

    For?

    A?

    Phone?

    Dafuq?!?!?

    Its fairly easy to end up spending well over grand over the 24 months contracts that are offered for such phones

    They're luxury, aspirational items for enough people that they sell fairly well.


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    #50
    dudara
    Registered Users Posts: 33,518 ✭✭✭✭dudara


    @endacl - if you can't offer helpful advice to the OP, then please don't post

    dudara


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    #51
    whippet
    Registered Users Posts: 7,688 ✭✭✭whippet


    foggy_lad wrote: »
    If the OP goes to sell on the phone will the new owners see that the screen has been replaced from Apples records on the phone? Yes they will and that takes from the value of the phone.

    apple won't replace the screen.

    Apple do not repair any iOS device. They always replace with a new unit or a refurb .. which is in all respects brand new.

    The serial number will be unique and will have a warranty date reflective of the date of the original unit.

    I'll repeat .. Apple do not repair any iOS device; also; apple do not authorise any one else to repair them either.

    So, if you return a phone to apple either under warranty or even out off warrant (for a chargeable repair) you will receive a new unit (refurb) in a plan packaged box.


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    #52
    goz83
    Registered Users Posts: 8,034 ✭✭✭goz83


    I would be agreeable with the above. Leave the screen changing to the chinese shops. My bro had his iphone 5 screen replaced yesterday after nearly a year of spiderweb, entire screen cracked :pac:

    €45.....down from 90 only a few weeks ago :)


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    #53
    Walter2016
    Closed Accounts Posts: 522 ✭✭✭Walter2016


    whippet wrote: »
    apple won't replace the screen.

    So, if you return a phone to apple either under warranty or even out off warrant (for a chargeable repair) you will receive a new unit (refurb) in a plan packaged box.

    Sort of incorrect.

    They work like motor guys when getting alternators - you give them a old one, they give you a refurb one (or totally new) and your old one goes back to the manufacturing plant to be "refurbished" to factory condition and to be used in a future swap with someone else a couple of months later or sold as a refurbished model.


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    #54
    Nonoperational
    Registered Users Posts: 7,401 ✭✭✭Nonoperational


    Hilarious thread. You probably scratched the phone. Put a screen protector and get over it, or give Apple another go at repairing it.


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    #55
    CollyFlower
    Registered Users Posts: 6,085 ✭✭✭CollyFlower


    Every phone has a screen protector.. If the scratch is hard to detect It may be just the screen protector that is damaged.


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    #56
    degsie
    Registered Users Posts: 8,748 ✭✭✭degsie


    CollyFlower wrote: »
    Every phone has a screen protector.. If the scratch is hard to detect It may be just the screen protector that is damaged.

    Every phone sold ever? Cool, ever knew that.


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    #57
    CollyFlower
    Registered Users Posts: 6,085 ✭✭✭CollyFlower


    Yes Degsie, all phones have a screen protector, although I don't know about "every phone ever sold".


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    #58
    jarvis
    Registered Users Posts: 1,497 ✭✭✭jarvis


    Just an update. I went on holiday and left the phone with a friend. Ups collected it for return. This time they seen the issue and replaced the screen. So I'm a happy camper now. Thanks to all for the advice. Appreciate it.


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    #59
    drunkmonkey
    Registered Users Posts: 28,215 ✭✭✭✭drunkmonkey


    Good work didn't think you had a hope, get the Apple care on it now.


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    #60
    TheDoc
    Registered Users Posts: 23,137 ✭✭✭✭TheDoc


    foggy_lad wrote: »
    For an item costing over €1100 a repair will take from the value of the item so much so that it will no longer be considered new but used and refurbished. In this case a replacement would be more appropriate.

    Customers arn't afforded the rights to decide on the method of resolution unfortunately


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    #61
    Chiparus
    Registered Users Posts: 2,270 ✭✭✭Chiparus


    Apple have put me through the ringer as well, they have a program to replace the battery on certain iPhone 6 models, I sent mine to Apple in early December, I called in late December and they could not find what happened to it. 10 days later after numerous calls they admitted it has been given to someone else, this week they have promised to send me a new phone , but I have had no emails confirming this nor any shipping confirmations since they said this on Monday 9th.

    I really do not know what to do.


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