iphone 5

[ians]

Had a very interesting experience today, I purchased an iphone 5 on Saturday last week took a while to get use to it. I was battling with the touch screen so I went and got a pen looking goodie to make it easier to type.

After a couple of days I got the hang of it, but found the top right hand side of the touch screen would not always work, I would have to got back and back to try get the on/off switch to function etc, so I took it back to Telkom today, because I got it on the iphone5 mix contract.

I was told I had to go get the contract and the packaging, etc, which I did, they checked the phone acknowledged there was a problem and told me they would replace the iphone 5, an hour and a half later sitting patiently waiting for them to "register the new phone" or so I was told, they came out and told me that apple do not fall with the CPA in this country and that the "OBW" out of the box warranty did not apply to apple products. they would have to send the phone for repairs. So I contacted my lawyer who told me it is rubbish the CPA applies to all product but he would confirm on Monday.

So I told them I wanted to cancel the contract which I am entitled to do within 7 days if I am not happy, which they indicated was not a problem and I could get another contract with any other phone on offer.

SO I cancelled the contract and will get a new contract with a Z10 instead which I am advised by Telkom, does fall within the "OBW" (out of the box warranty) in fact every single other phone does just not apple.

So the next time you want to purchase an apple product from Telkom you better make sure you understand that apple doesn't fall within "OBW" or the CPA in South Africa

The issue I now have is that I have downloaded apps which cost me money, purchased a cover which cost a couple hundred bucks, lost all my contacts again because we had to format the phone because it had credit card details etc which were use to purchase apps. What a waste of time and money.

I have contacted Wendy Knowler with regards to this issue, and will be interested to hear what her response is going to be.

[HR Solutions]

Anything you have downloaded on Apple including your contacts etc etc is on your apple id. Therefore when you get your new iphone 5, you log on with your id and retrieve everything.

[ians]

It is going to be an interesting day today.

[ians]

What makes me laugh about this whole thing is the reaction I get from people, its not to hell with Apple they should sort out the problem, the reaction from people is they find it amusing and actually laugh at me, I heard some people sitting in a group yesterday making fun of me because of my issue with my iphone, and yet people cry because they as a consumer are treated so badly in this country.

Some people ask, so what do I want out of this issue or why don't I just hand the phone in and get a nokia or Samsung, it is simple all I want is what I paid for, a defect free phone, I don't want my phone sent back for repairs, I want Apple to send me a phone with the screen calibrated correctly or a software/firmware upgrade which will sort out the problem, that is it, nothing more nothing less.

I purchased a Ryobi product a while back to cut wood, I paid about R500 for it I expected very little for it in terms of accuracy etc, I then upgraded it to a Makita sliding saw with a laser, it cost around R12000 I expected a little more from it but did realise it wasn't the best product on the market so I live with the laser not being 100% accurate and bluured, when I cut a 45 and slide it back to the 90 degree it is not always 100%, but when I get around to investing in a Festo cut off saw which will cost me around R17000 and it is said to be the best on the market and most accurate, I will expect the machine to be 100% not 99 %.

Something you need to be aware of, there is no "Apple South Africa" in fact South africa is not even listed on their international website, the Apple distributors are merely distributors of the Apple product, so what does this mean, you buy an Apple product chances are the shop where you buy the product imported it directly, so when you have a problem you cant go to another shop and expect them to sort out the problem, you have to take it back to where you purchased, like in my case it has to go back to Telkom, it will then be returned to which ever country they are importing the product from to get it sorted out, it could take months, and getting a brand new phone is not going to resolve the issue until Apple recalibrate it or send out firmware upgrade to sort out this problem.

So before you rush out and purchase a new Apple product maybe you should read this...and do some research.

http://www.gottabemobile.com/2013/03...ne-ipad-users/

I have still not had a response to my emails from Apple to date, could it be that they know about the issue and don't have a firmware/ software solution yet or could it be that recalling over 27 millions phones already sold could be a rather costly experience, or maybe they hoping I go buy another iphone and leave them alone so they don't have to worry about it because nobody else is.

[ians]

It seems the response from Apple and people who use Apple products is if I cant live with the defect, I should return the phone for a refund, that would be the easy way out.

[ians]

There is no new iphone 5 they are refusing to replace it...they told me that apple product do not fall into the "OBW" out of the box warranty and therefore I could not replace the phone I have to send it in for repairs, even though I have only had it for 6 days. I cancelled the contract with Telkom and handed in the phone.

Only apple products are not covered by OBW because they say that apple products are guaranteed to work 100% out the box, but apple are prepared to repair the phone.

[ians]

I found this on the apple website,

Apple Products and Statutory Warranty

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 these additional rights. For information on consumer law in specific countries, please see the Additional Legal Rights pages

[sterne.law@gmail.com]

In any circumstance, your contract is with Telkom and not Apple.
Where a product carries a guarantee, that guarantee is in addition to the automatic 6 months afforded by the CPA.
Customer is entitled to the repair, replace or refund at any stage within the first 6 months where the product is faulty.

[ians]

In any circumstance, your contract is with Telkom and not Apple.
Where a product carries a guarantee, that guarantee is in addition to the automatic 6 months afforded by the CPA.
Customer is entitled to the repair, replace or refund at any stage within the first 6 months where the product is faulty.

You need to inform telkom about this, because Telkom management felt they were doing me a huge favour yesterday replacing the phone even though it was within 7 days and the out the box failure applies worldwide. They insist that this rule doesn't apply to apple products they are importing. I tried to contact apple South Africa, unfortunately there is no Apple South Africa, so you are pretty screwed buying Apple products in south Africa, especially when you end up with a faulty product out the box.

Just something else Telkom management indicated to me yesterday, if the brand new phone I took out the box yesterday is faulty I must return it by today other wise my 7 days out the box failure would have expired because I signed the contract a 7 days ago today, regardless of the fact that they replaced the phone yesterday and it seems the Apple product has a defect.

[ians]

In any circumstance, your contract is with Telkom and not Apple.
Where a product carries a guarantee, that guarantee is in addition to the automatic 6 months afforded by the CPA.
Customer is entitled to the repair, replace or refund at any stage within the first 6 months where the product is faulty.

And what if every product you take out the box has the same defect, how long do I have to cancel the contract?