Apple iPhone issue

[DennisPennis]

I have an iPhone 4S. About 3 months out of warranty it developed a common wifi problem in that the wifi on/off button in the settings was greyed out.
I refer to one such discussion on Apple's forums pointing to both hardware and software problems:
https://discussions.apple.com/thread...art=0&tstart=0
There are numerous other reports on Google:
https://www.google.co.uk/#gs_rn=23&g...w=1600&bih=731

This shows that it is not an isolated problem and that many people believe there to be a batch fault with the iPhone 4S.

So, I took it to the Apple store, who said it was faulty and they replaced it with a new one for a repair fee of £120 + VAT.
I then wrote a letter to Apple consumer care UK/Dublin explaining that the phone was bought in Canada, had been repaired in UK, and then explained that I wanted a refund under consumer rights law. Although it was out of warranty, this was a common product problem or batch problem with their iPhones and should be covered.

I believe in the UK this law covers it for an extended few years.
In Canada, there is the same extended warranty for manufacturing faults:
The Canadian Consumer Information site redirects to provincial legislation:

http://www2.publicationsduquebec.gou...1/P40_1_A.html

38. Goods forming the object of a contract must be durable in normal use for a reasonable length of time, having regard to their price, the terms of the contract and the conditions of their use.

Apple wrote back saying as it was bought in Canada, I could not claim under this law (attached scan).
They are trying to claim I should go back to the shop but the shop will always say it is out of warranty and must be dealt with by the manufacturer.
Any advice for what my next steps could be?

[Hurricane Puffrose]

Re: Apple iPhone issue

apple' warrenty is only 12 months on an iphone unfortunatly, and I think they are correct that a product purchased in Canada cannot be claimed under UK law.

[DennisPennis]

Re: Apple iPhone issue

apple' warrenty is only 12 months on an iphone unfortunatly, and I think they are correct that a product purchased in Canada cannot be claimed under UK law.

Why can't I claim under Canadian law though?
They are a global company so shouldn;t they honour the Canadian law?

[labman]

Re: Apple iPhone issue

Hurricance Puffrose works or worked in the mobile phone industry, so is likely to know the answer.

From my point of view, I don't see why you should be penalised because you have moved to live in another country. You would be covered in the UK had it been bought in the UK, and similarly in Canada. I agree they should honour the spirit of the law, but can see why it would be very convenient for Apple to fog the issue by using two different legal jurisdictions.

[wales01man]

Re: Apple iPhone issue

whats the price difference between the 2 countries

[MissFM]

Re: Apple iPhone issue

Why can't I claim under Canadian law though?
They are a global company so shouldn;t they honour the Canadian law?

Are you sure you can't?

As we're in the UK here it's unlikely anyone will be au fait with Canadian law but I'd've thought it would be worth a punt (hammering!):noidea:

[labman]

Re: Apple iPhone issue

whats the price difference between the 2 countries

I'm not saying it is, but it should be irrelevant. The OP paid the repair price in the UK - it is that sum that should be refunded. Had s/he paid the repair price in Canada, it would be that sum that should be refunded.

I have a horrible feeling neither may be the case and no refund will be forthcoming without a battle. I think it is worth battling for as long as you're not throwing money at it to fight though.

[Inca]

Re: Apple iPhone issue

I don't see why the Canadian Law should apply here personally,,but thats just me

[labman]

Re: Apple iPhone issue

I agree Inca. I don't see why the OP should be out of pocket either though. They should be able to claim in the UK, but I bet they won't be able to.

[charitynjw]

Re: Apple iPhone issue

From the Apple website

For consumers, who are covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by Apple's One Year Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations, including but not limited to the rights described below.

http://www.apple.com/legal/warranty/...oryrights.html

[wales01man]

Re: Apple iPhone issue

The phone was out of warranty?

[charitynjw]

Re: Apple iPhone issue

The phone was out of warranty?

.......the benefits conferred by Apple's One Year Limited Warranty
are in addition
to all rights and remedies conveyed by such consumer protection laws and regulations,............................

[charitynjw]

Re: Apple iPhone issue

http://sogahub.tradingstandards.gov.uk/

[wales01man]

Re: Apple iPhone issue

SOGA UK phone purchased Canada? Does this country set the law for the world

[charitynjw]

Re: Apple iPhone issue

The common law constitutes the basis of the legal systems of: England and Wales and Northern Ireland in the UK, Ireland, the law of individual U.S. states (except Louisiana), federal law throughout Canada and the law of the individual provinces and territories (except Quebec), Australia (both federal and individual states), Kenya, New Zealand, South Africa, India, Myanmar, Malaysia, Bangladesh, Brunei, Pakistan, Singapore, Hong Kong, Antigua and Barbuda, Barbados, Bahamas, Belize, Dominica, Grenada, Jamaica, St Vincent and the Granadines, Saint Kitts and Nevis, Trinidad and Tobago, and many other generally English-speaking countries or Commonwealth countries (except the UK'sScotland, which is bijuridicial, and Malta). Essentially, every country that was colonised at some time by England, Great Britain, or the United Kingdom uses common law except those that were formerly colonised by other nations, such as Quebec (which follows the law of France in part), South Africa and Sri Lanka (which follow Roman Dutch law), where the prior civil law system was retained to respect the civil rights of the local colonists. India uses common law except in the state of Goa which retains the Portuguese civil code. Guyana and Saint Lucia have mixed Common Law and Civil Law systems.

All but one of the provinces of Canada use a common law system (the exception being Quebec, which uses a civil law system for issues arising within provincial jurisdiction, such as property ownership and contracts). Criminal law, which is uniform throughout Canada, is based on the common law as interpreted by the Supreme Court of Canada. The mid-tierFederal Court of Appeal is a single court that sits and hears cases in multiple cities, and thus mid-tier decisions have precedential value throughout Canada (that is, unlike the United States, Canada is not divided into appellate circuits).^[89] Canadian federal statutes^[90] must use the terminology of both the common law and civil law for those matters; this is referred to as legislative bijuralism.<sup>[91]

http://en.wikipedia.org/wiki/Common_...ada_.281867.29</sup>