Apple iPhone X Unresponsive Screen

Hi OzBargainers,

I purchase an iphone X in early December 2017 on a Vpone contract. I didn't use it till 15th of January as I was still using my old phone. From 15th of

January I start using it and then I noticed the screen is flickering. I thought it must be an IOS issue so I updated the IOS. After that it get worst as it become unresponsive.

I took it to Apple store and they run the diagnostic on the apple phone. Later they said it was a hardware issue. They are happy for me to replace it for no cost but I insist to take it back to Vpone as I believe its almost a brand new phone & I dont want the repaired phone.

Vpone took the phone and said their technician will look into this.

My Questions:

1.Under consumer law Am I eligible for a brand new phone?

2.Vpone saying me they will give me a new phone but without a box. How can I be sure that its not a refurbished one?

  1. If I didn't get a Brand new phone shall I consult the Ombudsmen?

Your help in this regard is greatly appreciated.

Regards,
Helper.

Comments

  • +5

    I'd just go back to Apple and get the replacement one.
    The ones they provide you aren't refurbished, they're brand new just not in retail packaging.

    They don't give you one with a new box because they don't expect you to return the accessories so there's no need to provide you with new ones each time your iPhone is faulty, it's just giving them your faulty iPhone and they'll swap it with a new one without the retail package

    • Apple wont be replacing it as they mentioned it was not purchased from them. They only offer a screen replacement solution.

      • +2

        Apple offered to fix the problem, they'll replace the screen and if that fails to rectify the issue then they'll offer you a replacement.

        Honestly never heard Apple refuse to fix a phone just because it wasn't purchased from them (Unless grey stock), but in any case I'd just accept the screen replacement

        • Honestly never heard Apple refuse to fix a phone just because it wasn't purchased from them (Unless grey stock)

          This. Apple will fix anything of theirs. And they will fix grey stock because its a worldwide warranty. I've had a friend buy from Kogan and Apple have fixed it as though bought in Australia.

          I've also had Apple replace a product by giving me something not in the box. The product I bought (wrapped in a box) lasted 6 months. The one not in the box (the replacement) is 4.5 years and still going.

  • Under ACCC, it says…

    When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund

    If you have a minor problem with a product or service, the business can choose to give you a free repair instead of a replacement or refund. When you have a major problem with a product, you have the right to ask for your choice of a replacement or refund. For a major problem with a service, you can choose to receive compensation for the drop in value below the price paid, or a refund.

    However, it also states that

    You can ask a business for your preference of a free repair, replacement or refund, but you are not always entitled to one.

    This means the reseller can still choose between giving you a replacement of a unit, or giving you a refund - if classed as a major issue.

    The ACCC does not seem to specify whether or not the replaced product can be refurbished or not. As here is a direct copy and paste:

    Replaced products must be of an identical type to the product originally supplied.

    So it is lawful for them to replace a faulty, but new phone, with a refurbished device. But because the iPhone X is so new, it's very unlikely you will get a refurbished phone. I'll say there's a 90 percent chance you'll get a new phone.

    It's been years since I've owned an Apple product, but my guess is that it would be preferable for you to go to Apple to receive their customer service / product replacement as their customer service is generally superior to the telco's.

    Also, this is on the assumption that a non-working screen is classified as a 'major problem' — if apple decides that this is a minor issue and can be fixed by replacing the LCD panel, you'll be in for a bit of a long argument as to whether or not a dodgy phone screen is a big issue or not. Most technicians would consider a bad phone screen to be 'minor' problem, but a bad motherboard would be a 'major' issue.

    • Thankyou for your awesome response. I am still waiting from the provider to give me a call. They currently hold my iphone.

    • I think that this paragraph:

      You can ask a business for your preference of a free repair, replacement or refund, but you are not always entitled to one.

      is meant to be read in conjunction with the section on when you're not entitled to a refund etc (ie for a change of mind).

    • Completely unrelated question to OP's topic, I am having trouble with an electronic device. It has had one replacement(for a different issue), one repair and one attempted repair with instruction givens over emails (for currently issue). The issue is still present. Said company insisted that there needed to be 3 repairs before they issue a refund but I am fighting hard for a refund now.

      Do I have any grounds for such request under ACCC laws? Let's say it is a minor defect (overheats to an unreasonable temperature).

  • +2

    Ok, so In your case - you’re not entitled to a brand new in box replacement.

    An issue with a flickering display is on the higher end of a minor failure, and the seller or manufacturer is also able to fix this within a reasonable period of time.

    Depending on the path you sought to repair, this could be as short as a few hours if at an Apple Retail Store or Apple Authorised Service Provider that offers same day screen replacement (subject to technician workload of course). There’s a growing network of Apple Authorised Service Providers offering same day screen repair in Australia, and are often easier to get to, and don’t have wait times for service anywhere near as long as Apple Retail.

    You would only be entitled to a replacement if it couldn’t be fixed within a reasonable period of time. And even then, they aren’t obligated to give you a replacement that is brand new in box.

    Also, your warranty and consumer law rights aren’t degraded or reduced in any way if you receive a replacement.

    Further, the 1-year limited warranty from Apple (https://www.apple.com/au/legal/warranty/products/ios-warrant…) makes clear how this works, knowing full well that warranties cannot exclude or have conditions that go against consumer law:

    Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

    And:

    WHAT WILL APPLE DO IN THE EVENT THE WARRANTY IS BREACHED?

    If during the Warranty Period you submit a claim to Apple or an AASP in accordance with this warranty, Apple will, at its option:
    (i) repair the Apple Product using new or previously used parts that are equivalent to new in performance and reliability,
    (ii) replace the Apple Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability,

    Finally, the Ombudsman (presuming you’re referring to the TIO here) has no jurisdiction in matters of consumer law relating to physical products manufactured by a company that isn’t party to that ombudsman scheme.

    Your correct venue for escalation would be the Consumer Affairs agency in your state or territory, who are going to tell you everything posted above.

    TL;DR: Get your head out of your rectum, and accept the replacement. In the time you’ve wasted on this, your screen could already have been repaired and the flickering issue solved.

    • Just to update you its not only flickering screen the touch is completely gone from the middle of the screen. Apple did run the diagnostic test and after that the middle of the screen is white while the other portion is all blue which clearly indicates a major hardware fault.
      Apple is always helpful but the question is why i would use the repaired product for the device which i paid a alot and didnt use it much.

      • +3

        In short - you’re asking the wrong question, because your perception of why you don’t want a repair is based around a non issue

        You’ve not even been able to quantify why you think you’re entitled to brand new in box.

        This is because your question is based on the strange perception that a device in a sealed box is some how magically better than an as-new or repaired device.

        The perception is at best false equlivilence, and at worst silly to the point where quoting a line from Billy Maddison might be appropriate.

        What Apple, or Vodafone (through their repairer) will give you is a product “equivalent to new in performance and reliability“, without any barrier to a future claim under warranty or consumer law if a future fault regretably occurs.

        Five people, myself included, have already told you that taking the repair or replacement already offered is the smart move.

        Also - we get to the stone cold fact that there is absolutely no difference whatsoever between a phone brand new in box, or one what has been repaired. They all come together using manufacturing lines; with thousands of parts all produced and tested the same way and subjected to the same quality standards; by hundreds of people. No process is ever going to be flawless, and electronics will fail - it’s why warranties and consumer law exist - to ensure that you get something that works, and can be fixed when something goes wrong.

        And if, in your own words, you hardly use it - what on earth is the problem with a repaired or replaced device anyway?

        Or, as I said in the TL;DR before - stop moaning about this and take the repair or replacement they’ve offered you.

        In the time you’ve wasted on this issue, it would already be done. Your device is fixed, your screen is working, and nobody but Apple and you is going to know it’s been repaired or replaced even if you sell it in future.

        • +1

          Exactly this, couldnt have worded it better.
          Going by OP’s logic, brand new sealed in a box will be better, but his broken phone originally came in a sealed box LOL
          You dont even know if they spit/fart/wipe their ass with the phone and put it in the box and seal them again…
          So long as you get an actual phone, in working order, with the original warranty, what is the problem.
          I would understand if they give you refurb or 2nd hand stuff like those from EB Games, yuck…
          You dont even know if the new brand new sealed in a box is actually your old phone that is repaired and its IMEI reprogrammed to look like another phone…
          And Vpone? Really? .___.

  • +3

    When it comes to Apple products, always deal with Apple directly. It's the fastest way and generally it's the best outcome too.
    You've already wasted time, Vodafone will issue you a replacement phone (which Apple may have done) or they'll send it to Apple for repairs (you were literally there and it could've already been done)

  • +1

    What do you want? A new phone in a box with accessories? I reckon the offer of a new phone from Vodafone is good enough. As is the offer of a new (or possibly refurbished) phone from Apple. In both examples you get back to the point you would have been at if the phone didn’t break.

    A fully working, new or new looking iPhone with full warranty.

  • -6

    Perfect reason to dump Apple and move across to Samsung.

    • +2

      Ok tightbottom, I’ll bite -

      Explain how you make that leap that Samsung will somehow do something different (being give the OP their brand new in box phone) than Apple, or any other mobile electronics manufacturer?

      Or, as usual, is this another comment of no value from you - because you have nothing useful or relevant to add the a conversation, and instead bring only piss and wind to the OP’s question.

      • I moved to Android 12 months ago and it has been a more positive experience than my previous 6 years with Apple.

        No value to you but it might just make the op question his allegiance to Apple just like I did a year ago.

        • +1

          Does this positive experience have anything to do with getting faulty products replaced? If not then it has zero to do with the discussion.

  • Consider getting one of these!
    Much better quality than Samsung and Apple

    http://bit.ly/2F5FN4N

  • If you send it away through Vodafone (or have it swapped in a servicing store) The phone given to you is supplied by apple
    It is the exact same stock that would have been given to you in an Apple Store.
    you may as well get it replaced by Apple.
    Make sure you take the document showing it was swapped to a Vodafone store and get them to update the IMEI on your account.

  • +2

    1.Under consumer law Am I eligible for a brand new phone?

    No, your now 2 month old phone doesn't entitle you to a brand new phone, regardless if you haven't used it.

    Get the apple replacement.

  • Another hero using ACCC for a product under warranty
    Goto the Apple store and they will replace it

    • I am not using it. Just enquiry about it.

  • There used to be a DOA (dead on arrival) clause on phones where if you had any fault in 30days you got a brand new one. Whatever happened to that??
    And don't Apple just replace not fix phones?

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