ACCC Warranty and Major Fault (1 Year Old iPhone)

cauilfield on 26/02/2020 - 23:03
Last edited 27/02/2020 - 10:31 by 1 other user

Have been going through ACL recently:

You can ask for a replacement or refund if the problem with the product is major.

Replaced products must be of an identical type to the product originally supplied. Refunds should be the same amount you have already paid, provided in the same form as your original payment.

The business may take into account how much time has passed since you bought the product considering the following factors:

type of product
how a consumer is likely to use the product
the length of time for which it is reasonable for the product to be used
the amount of use it could reasonably be expected to tolerate before the failure becomes noticeable.
For a major problem with services you can cancel the contract and obtain a refund or seek compensation for the drop in value of your services provided compared to the price paid.

Does it mean I can ask for a refund when the screen stopped working on my 1 Year old iPhone?

Mobile

Comments

  • spackbace on 26/02/2020 - 23:05
    +5

    Does it mean I can ask for a refund when the screen stopped working on my 1 Year old iPhone

    You can ask, doesn't mean you'll get ;)

    • Blue Cat on 26/02/2020 - 23:08

      Exactly.
      Can't find the exact part now, but I think ACCC says that they can provide you with refund or replacement, but it is up to the supplier/seller to choose whether they will issue a refund or replace it.
      You can't "choose" what you want, the seller decides for himself.

      • cauilfield on 26/02/2020 - 23:14
        +1

        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.
        <<

        • qwerty on 26/02/2020 - 23:46

          OW picks what it wants ,Then ACCC washes its hands and tells you to take them to small claims court

  • JimmyF on 26/02/2020 - 23:11
    +1

    Does it mean I can ask for a refund when the screen stopped working on my 1 Year old iPhone

    Nope, not a major fault. Can be fixed on the spot by Apple in the Apple store. Make an appointment.

    • cauilfield on 26/02/2020 - 23:15
      -6

      but i bought it from the OW not Apple. I guess at OW they can't get it fixed on the spot right? Which stipulates I do have a major problem ?

      • JimmyF on 26/02/2020 - 23:35
        +8

        I'll put it nice and simple for you, You're not getting a refund.

        Your apple phone can be fixed by the OEM aka Apple via the Apple store on the spot or you can take it back to OW and they'll send it away for a repair to Apple, who will send it back to OW.

        • cauilfield on 27/02/2020 - 08:39
          -3

          However, according to ACCC it does look like a major problem as it can not be fixed on the spot by the retailer.

        • ThithLord on 27/02/2020 - 10:14

          Fixed by Apple? Apple will very, very likely just replace the phone on the spot!

          • Typical16-bitEnjoyer on 27/02/2020 - 11:08

            @ThithLord: …with a refurb. And that's a different argument entirely lol.

            • ThithLord on 27/02/2020 - 11:28

              @Typical16-bitEnjoyer: Possibly - I've dealt with their warranty many times (I work in the I.T. dept in Head Office for one of Australia's largest retailers) and the replacement phones have always been excellent quality. I've had my personal device replaced twice and both were in brand-new condition. Hands down, 100% beats sending the device away to be repaired.

              • Typical16-bitEnjoyer on 27/02/2020 - 12:09
                +1

                @ThithLord: Not in everyone's opinion, and not in the ACCC's definition, thus leads the entirely different argument :)

      • Tech5 on 27/02/2020 - 02:09
        +1

        Lol just because it can't be fixed on the spot, it does not "stipulate" you have a major defect.

        You can't just make up a rule on the spot. No-one stipulating shit

    • Typical16-bitEnjoyer on 27/02/2020 - 08:44
      +2

      @JimmyF is spot on. It's basically the stance now being taken.

      A major fault is considered a "major" fault rather than a minor fault if it cannot be, or is difficult to fix.

      • RockyRaccoon on 27/02/2020 - 09:50

        But OP wants a new phone, OP says Phone doesnt work.

        A major fault is when doesnt work, therefore not working is a major fault, give me a new phone.

        If it gets fixed, it wont have a major fault and that means he cant have a new phone.

        What dont you understand?

        🤩 ( dont take it too seriously)

        • cauilfield on 27/02/2020 - 10:10

          OP wants to a new phone instead. As this is my 4th visit to the apple store with various hardware issues.

          • RockyRaccoon on 27/02/2020 - 10:15
            +4

            @cauilfield: Well, if you only partly explain the issue then expect assumptions based only on what you present. Mind reading is very hard from a distance.

        • Typical16-bitEnjoyer on 27/02/2020 - 11:07

          @RockyRaccoon Call the ACCC and ask for a specific criteria for major vs. minor faults. They don't know. They haven't thought that far ahead.

          They've promised revisions to "clarify" classification of faults and "expected life". So far nothing.

          So far it's still a customer vs retailer battle that it's always been. Retailers are now just a bit more easy to get to back down.

  • tsunamisurfer on 26/02/2020 - 23:26
    +8

    Buys Apple product….doesn't understand Apple support.

  • Hybroid on 27/02/2020 - 00:05
    +5

    What stipulates the problem is a manufacturing defect? It could be any reason. You could have dropped it or subjected it to water damage or something else. Why would OW/Apple offer a straight refund and take it on the chin if the fault is yours?

    Equally, it could very well be a hardware issue beyond normal use. In which case, take it to Apple to verify and they will replace under warranty. Good support is part of the premium paid on iPhones.

  • brokenglish on 27/02/2020 - 09:42
    +1

    Does it mean I can ask for a refund when the screen stopped working on my 1 Year old iPhone

    You can ask, doesn't mean you'll get it.
    Probably not a refund due to the length of time you've owned the phone.

    For your reference, I got a free handset replacement on my iPhone 8 Plus from Apple because it kept saying No Service/SOS intermittently after iOS 13.3 update.
    And it was 21 days past the 2 years ACL warranty. This was last week.
    I originally bought it at Officeworks because it was $10 cheaper.

    As soon as I get the new replacement, I immediately sold it for $410 at Mobile Monster (the AS NEW condition).
    Kogan is also selling something similar including Kogan warranty for $499.99.
    I may be able to get a higher price from Gumtree but the headache is not worth it.

    • eug on 27/02/2020 - 10:12
      +1

      And it was 21 days past the 2 years ACL warranty.

      That would be the Apple warranty. ACL does not state any set length of time, it just says a "reasonable" time.

        • eug on 27/02/2020 - 11:05
          +1

          Apple limited warranty is 1 year

          That's surprising for such an expensive product, especially when their biggest competitor offers 2 years.

          Apple quietly changed the warranty to 2 years in 2013 because 12 months is not a reasonable period of time for such expensive devices.

          Looks like they quietly changed it back to 1 year. Perhaps they weren't selling enough AppleCare plans because of it. ;)

          For the avoidance of doubt, Apple acknowledges that the Australian Consumer Law may provide for remedies beyond 24 months for a number of its products.(apple.com).

          That's what I was referring to when I said the ACL does not state a set length of time. The 24 months they quote is arbitrary.

  • Gronk on 27/02/2020 - 10:17

    The only time you'd get a refund for a device you've owned for 12 months is if:

    a) It is still under warranty
    b) It cannot be repaired
    c) No replacement (similar or identical) is available

  • pantsparty on 27/02/2020 - 11:45
    +1

    Just goto the Apple store and get your phone replaced (assuming you didn’t cause the damage).

  • User2049 on 27/02/2020 - 12:28

    Same thing happened to me at Harvey Norman with a cheap android phone, at first I refused but after contacting ACCC they refunded it.

    So yes you definitely can and are eligible under the law but apple might not agree so you would have to go to ACCC then ombudsman than court.

  • [Deactivated] on 27/02/2020 - 22:17

    Nope. Apple can and will fix it for you. They are not going to agree to a refund and wherever you bought it from is not going to absorb the loss. Why should they when it is a fixable issue by the manufacturer and the manufacturer is happy to fix it?

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