So Apple have announced there are several issues with selected iPhone 5 devices + others have reported they’ve had iPhone 6’s replaced as well + even some older devices
If you find Apple say your device isn’t eligible for replacement remember there are other alternative methods (see below)
1. Check if your device can be replaced
To check if your device has an issue / can be replaced click on the following links and follow the instructions (note: even if you don’t suffer from one of these issues at the moment it’s still worth checking):
- Problems with selected Sleep/Wake buttons on iPhone 5
- Problems with batteries not lasting long enough on iPhone 5
- Any other iPhone device, if you’re still within 6 years of the delivery date of your purchase you MAY have grounds to claim a replacement (read section 2)
- iPhone 6 batteries holding less than 80% charge inside the first year [no official announcement from Apple on this]
- Apple iMac (27-inch) 3TB harddrive replacement
- Damaged power cable? If it’s within the 2 year EU warranty they should replace for free no questions asked (failing that read step 2)
- iPhone 6 – Problems with iSight camera – phones sold primarily between September 2014 and January 2015.
More info on iPhone 6 batteries, if you believe your phone is holding less than 80% charge you can check online using their tool (click on iPhone > Select one of the battery issues > Type in ‘Battery not holding full charge’ > type in email > they send you an email > you open that email on your iOS device > this sends data back to the website you have open > It then goes to another page where you can chat to someone or get them to call you). Annoyingly it doesn’t seem to offer an immediate Yes or No answer however the person you speak on chat should help with it.
(When it asks about paying for support, click on the ‘I believe it’s a hardware fault £0’ option)
If you can’t get the above to work then you need to setup an appointment at an Apple Store or give them a call. Remember this is unofficial news and Apple have not released an announcement on this but we know of people who have had free replacements.
Before Apple are going to give you a replacement they will most likely say ” I recommend that we backup all of your data to iCloud or iTunes first. Then we need to restore it as new using iTunes on a computer.”, they will then get you to test the device without all your apps loaded from the backup and see how that goes. If the same issues happen then it will be an easier replacement, if it only happens when your content/apps are loaded back on it might be a software issue which they may drag their heels about replacing the device. However be persistent and they should replace it (especially if it’s within the 1 year warranty still).
2. The above websites say my phone can’t be replaced/repaired
Under consumer law in the UK (Sale of Goods Act 1979), even after your initial warranty/guarantee has ended consumers are entitled to a free of charge repair or replacement, discount or refund by the seller, of defective goods or goods which do not conform with the contract of sale. For goods purchased in England or Wales, these rights expire six years from delivery of the goods and for goods purchased in Scotland, these rights expire five years from delivery of the goods.
OK this sounds great but what does it mean? Well basically you have to prove the following isn’t true:
- The goods will match the description given of them.
- The goods will be of satisfactory quality.
- The goods will be reasonably fit for any particular purpose that was made known to the retailer (unless the retailer disputed their appropriateness for that purpose at the time)
Within the first 6 months of ownership Apple will generally agree/confirm the above isn’t true and offer a free replacement etc however AFTER the first 6 months of ownership “the burden to prove that the defect or non-conformity of goods with the contract existed on delivery generally shifts to the consumer”.
So if you believe that the product was used as intended but now has a fault and it’s less than 6 years from the delivery date you could have a claim for a repair > replacement > refund (in that order). A company can offer to repair or replace, if the fault continues to exist or returns again then they have to offer a full refund.
3. Have you got an example letter I should send to Apple / any other company
First of all it may be quicker to pick up the phone, book an appointment in store and just explain that you have statutory rights and those rights cover you up to 6 years from the date of delivery.
If that doesn’t work then use this letter template and send the retailer you purchased the device from this letter:
[Company/ supplier address]
[Reference: contract/order number]
On [date] I [bought/placed an order for] a [device], received it on [date]. I have discovered that the [device] has the following problem: [add details].
The Sale of Goods Act 1979 makes it an implied term of the contract that goods be as described, fit for purpose and of satisfactory quality.
As you are in breach of contract I am rejecting the [device] and request that you refund the sum paid to you of [price].
I also require you to confirm whether you will arrange for the [device] to be collected or will reimburse me for the cost of returning it.
If I do not receive your satisfactory proposals for settlement of my claim within seven days of the date of this letter, I intend to issue a claim against you in the county court without further reference to you.
[Your name here]