I purchased my Apple iPhone 8 in November 2017, I am a retiree and pensioner, the decision to outlay $1100 for an Iphone was not done lightheartedly.
My Iphone, now only just 3 years old has been well treated and as new until a week ago when it stopped sending and receiving phone calls… This came at a difficult time for me as my husband is currently receiving Chemo and radiation treatments and this phone is the main source of contact…
I have spent hours on calls to Apple support trying to resolve the problem, Apple conceded at the end of our last very stressful 2.8 hours session that the fault was with the mobile service provider. After more stressful messaging and phone calls I was told by my mobile provider that it was the fault of the device… I did not want the stress of help from Apple support over the phone to continue so I visited the Apple Store where I purchased the phone… It took the polite young man in the Apple store about 5 minutes to tell me that the phone had a hardware problem which prevented it from connecting to the server and was NOT repairable.
He said I could replace it with an Apple refurbished as new IPhone 8 for $660…
In my way of thinking if I do that my IPhone 8 has now cost me over $1700.
I asked if this was a common fault with my model and he replied ‘no not really’ … so just bad luck for me… bad luck that I paid over $1100 for a phone that only lasts for 3 years!
I would have been happy for it to be repaired or replaced with the same model but to be expected to pay $660 for a refurbished replacement is not only an insult but very UNFAIR…
Can anyone tell me if I have any consumer rights? Or what if any recourse …
The phone warranty was 24 months…
Hi @Dellandbaz, welcome to the community.
For a phone which was $1100 on purchase, one would expect that it would last far more than 3 years. Many new smart phones have lives longer than the technology they support (3G for example).
You do have rights, this other thread about another Apple product contains some useful information which may assist you moving forward:
Unfortunately Apple is know for its lack of response and willing to repair a faulty Apple product. Their usual tactic is to convince a consumer to swap their faulty phone for a reconditioned/repaired phone…while the faulty phone is sent away for a repair only to be on sold in the future. To me this is very shonky and Apple should be offering to repair phones (either in or out of the Australian Consumer Guarantee under the Australian Consumer Law) rather than making money from its customers by refusing to repair.
I have also had a run in with Apple on a different issue (activation lock), and in the future will never buy an Apple product.
Let us know how you get on.
See this regarding my experience.
It is possible to get satisfaction although it requires using the letter of complaint tool, citing chapter and verse of the Australian Consumer Law, and requires a well researched claim regarding expected product life citing evidence it falls short of industry norms, which could all be challenging when one has other life issues complicating your daily life.
If you pursue your rights, send/deliver your letter of complaint to the retailer where you bought it. If you bought it directly from Apple give it to the Apple manager in the first instance and work your way to the MD.
Good luck with your phone, and I wish you and your partner well with the medical issues.
A similar thing happened to my mother in law with an iPhone she was given from a family member who purchased an iPhone over seas.
It seeems like a very convoluted process to get a fair service for what should be a simple process of repair or replacement. It is doubly compounded by Apple denying that products purchased outside of Australia are not under warranty or guarantee.
My partner’s family ended up purchasing a latest model iPhone for an exhorbitant price.
Is there a campaign to get Apple to lift their game, especially when there are multiple issues with this lack of service and expectation of overconsumption of goods in these times, I’d be happy to join.
This is because iPhones from one country may be different to those in another. Not all iPhones are compatible with every network on the planet. I have no issue with this, because its the only sane thing that Apple can do. They will guarantee an Australian phone in Australia. Occasionally if you’re lucky you can get service on a grey import from HK depending on who you get in the genius bar on any given day. But I would never buy a phone outside the country I planned to use it in… it can only end in tears.
REad here https://www.apple.com/au/legal/warranty/products/ios-warranty-rest-of-apac-english.html
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IMPORTANT RESTRICTION FOR iPHONE, iPAD, APPLE TV AND HOMEPOD SERVICE.
Apple may restrict warranty service for iPhone, iPad, Apple TV and HomePod to the country where Apple or its Authorized Distributors originally sold the device.
Per the ACCC,
A warranty is a voluntary promise offered by the person or business who sold the product or service to you. Once you buy the product or service, the promise becomes a right that can be enforced under the ACL.
I’ve high lighted the key wording. The seller is typically not the manufacturer.
iPhones are sold through many outlets including Apple Stores in Australia. For products purchased while overseas or online the ACCC advises caution.
Note:
Any ‘manufacturers warranty’ is also considered, however it so only binding to the extent of the promises made by the manufacturer. For an international warranty it may require the purchaser to return the item to an overseas or specified agent for any claim.
‘International Warranties’ that I have seen relate to particular brands and models of laptops marketed specifically for purchase by inbound tourists and travellers. EG some Sony, Toshiba, Panasonic products offered to Aussie travellers in Japan at the big retail stores. They were premium priced.
For the iPhone product purchased overseas and gifted it may assist to read the details of the warranty provided with the product. For a business such as Apple the cost of delivering a warranty in the country of purchase is likely different and possibly less than in Australia. Perhaps the iPhone can be returned via family or friend to the country of purchase to resolve the issue?
Let’s state the facts.
Apple where fined for misleading consumers a few years back for saying the after your Apple 12 month warranty ran out you could not get freed repairs from Apple
This was proven by the ACCC to be false and misleading.
And the provision of fair Abd reasonable use was applied as under consumer law that a phone just like yours is the perfect example that Apple who should be confident in there products longevity should be either resetting your incoming and out coming calls in settings doing a hard shut down with requires you to shut down the phone and by this resets the settings on the phone.
Or even change the battery which could be Low in power which can reduce the phones ability to to work as intended for instance with hardware.
Although the ACCC did fine Apple and impose new directives to customers.
They in some instances continued to ignore Australian Consumer law and arrogantly think that Apples Warranty is good enough.
Please go to your service provider and ask them to check your incoming outgoing information.
But under no circumstances pay for another apple as they should replace it for free given that your use sounds very limited and the same issue has happened where l couldn’t make phone calls or receive phone calls which l resolved with the above instructions.
The chances of any piece of computer equipment not having some kind of glitch is very limited.
So they cant with 100% certainty claim that another issue could have directly or indirectly caused your issue.
Somethings you buy Applesand somethings it turns out to be a lemon
Apple is aCorporation that holds World wide patents on its products.
This means the use of its products are protected no matter where they where bought.
And given they are all made in China and distributed all over the world.
If you have instigated product protection for your products you therefore are obligated to give consumer rights not just on where the product was bought but where the Product patent for the part or parts are sold.
Patent law has borders but the product sold to a consumer is transferable to any territory or jurisdiction,
Stand up for your rights
While an international consumer may choose to use a product in whatever country they wish, my understanding is that ‘parallel’ (or ‘grey’) imports do not place any obligation on the manufacturer. The ACCC discusses an example on its website.
The manufacturer has no responsibility; instead the importer is now responsible to meet the requirements of Australian Consumer Law. I think you will find that if you buy a product from Kogan, for instance, then any warranty claim must be made to Kogan - and not to the original manufacturer. Whether Kogan has arrangements in place with the manufacturer for repair/replacement is (theoretically) not the consumer’s problem - but as @SueW stated the manufacturer has no obligation to repair and indeed cannot guarantee that its product will work ‘as intended’ in all markets.
You seem to be saying that holding a patent means the holder must guarantee consumer rights in regard to products derived from that patent. Is that right?
If so how do you know this? Is this guaranteed in some international law or treaty? If so where?
