Faulty iphone

[sasha1]

Hi - I would be grateful if someone could give me some advice. It's quite complicated as there has been a lot of correspondence regarding my problem, but I will try and keep it as short as possible. In November 2013 my husband bought me an iPhone for Christmas. He bought it from a seller on the play.com site. It was advertised as brand new, sealed, and with a 12 month Apple warranty.

Unfortunately the wifi did not work. This was reported to the seller on 27/12/13 and he said it was something to do with the IOS 7 upgrade and that he was aware of the problem. He told me that I could get this fixed through the Apple Warranty. However, when I contacted Apple they told me that the the phone was not brand new - it had been purchased in 2011 and the 12 month warranty had expired in 2012. Apple agreed to try and resolve the wifi problem online, but were unable to.

Play.com offer a fair play guarantee, but they appear to be taking the side of the seller. I have returned the phone to the seller but he is asking for my Apple password so that he can reset the phone - but Apple clearly state not to reveal this to anyone. Furthermore, the seller is claiming that I have used the phone for 2 months - I have not used it at all. Play.com want me to provide my Apple password to the seller so that he can send me out another phone. Frankly, I do not trust the seller - the phone he sold me was not new and there was no Apple guarantee - so how can I trust him to sell me a genuine phone? I simply want a refund. What should I do next?

[DailyBread]

Re: Faulty iphone

I'd suggest putting in writing that you are not willing to provide your password, as this would allow the seller access to your phone and would potentially enable the seller to purchase content through iTunes, as well as access a whole other host of personal information. Also, was the phone an iPhone 4s per chance?

I would suggest asking the seller to return the phone to you by next day recorded delivery. On receipt reset to factory settings and return via the same method to resolve the issue. I'd suggest the seller is responsible for the postage costs to you, and you to him.

The only other option would be to arrange to meet the seller and enter your password and restore to factory setting then and there. This may not however be geographically and financially possible.

I'd suggest this to Play/seller and see what they say.

[CleverClogs]

Re: Faulty iphone

It was advertised as brand new, sealed, and with a 12 month Apple warranty.

Do you have a print out or PDF file of that misleading description?

However, when I contacted Apple they told me that the the phone was not brand new - it had been purchased in 2011 and the 12 month warranty had expired in 2012.

Exactly - the goods were not as described. This may be a criminal offence, contrary to the Consumer Protection from Unfair Trading Regulations 2008 - link - and it is certainly such an egregious misrepresentation as to strike at the basis of the contract of sale. Under the Misrepresentation Act 1967 - link - the contract should be rescinded ab initio: the iphone should be returned to the vendor and the vendor should fully reimburse the customer.

Play.com offer a fair play guarantee, but they appear to be taking the side of the seller.

It does not matter what onan.com might offer - it cannot supersede statute law!

I have returned the phone to the seller but he is asking for my Apple password so that he can reset the phone - but Apple clearly state not to reveal this to anyone.

Quite right too!

Furthermore, the seller is claiming that I have used the phone for 2 months

Irrelevant flim-flam. Perhaps the seller needs Trading Standards to remind him that the Rules of Acquisition (link) have yet to be implemented in English Law? :grin:

Play.com want me to provide my Apple password to the seller so that he can send me out another phone.

Tell them to play with themselves. :grin:

Frankly, I do not trust the seller - the phone he sold me was not new and there was no Apple guarantee - so how can I trust him to sell me a genuine phone?

You cannot trust him, as he has already proved he's a liar.

[sasha1]

Re: Faulty iphone

Thank you so much for all the information you have provided - and yes I do have a screen shot of the original advert. Play.com have suddenly changed their tune and are currently carrying out an investigation. Fortunately I have also a screen shot of our conversation with Apple where they clearly state that the phone is not new and that the warranty expired in 2012. I have sent play.com a copy to assist them with their investigation. Hopefully, play.com will arrange for us to receive a full refund, but if they do not will I be able to come back to you for advice on what to do next? The seller is quite accusatory and keeps sending us emails demanding my Apple password, so I have no confidence that he will willingly refund the money. We have replied to his last email informing him that, upon the advice of play.com, we will not be responding to any further emails from him. Thank you again for taking the time to respond to my post.

[CleverClogs]

Re: Faulty iphone

Hopefully, play.com will arrange for us to receive a full refund, but if they do not will I be able to come back to you for advice on what to do next?

Of course you may, though it could be someone far more capable than myself who deals with your question(s) in future.

It might be an idea to change your Apple password, just to be sure.

[sasha1]

Re: Faulty iphone

A quick thank you - today I received a refund for the faulty iphone.