Apple’s upgrade has broken my iphone – what can I do?
QI bought a second-hand Apple iphone 5s on ebay in December 2016. A message from Apple prompted me to upgrade the phone to IOS 10.1.1, but now the phone is locked. We tried the repair suggested on Apple’s website ( www. snipca.com/23228) but it didn’t work. My local Apple store said it’s a firmwarermware problem and would cost me £250 to fix. The seller has refused to take responsibility. Who’s at fault here?
AApple is. It admitted as much by releasing a fix for the update. George should consider suing the company in the small claims court for the amount he paid. He could also demand that Apple replaces it, or pays for a repair.
Normally, when devices go wrong, the seller is responsible. But the problem here isn’t the hardware but the software, which came from Apple. The seller would be responsible if they sold digital content, such as software, apps, anand film downloads. Ththese carry the same legal status as physical items, and so must be of “satisfactory quality, fit for purpose and as described”.
But George didn’t buy the update from the seller. Apple delivered it, so Apple is responsible for it working (and it doesn’t matter that George bought the phone second hand from an unofficial outlet).
This applies to updates for all operating systems and devices, as stated under the Consumer Rights Act (CRA) of 2015. It means that in theory Windows users can sue Microsoft for updates that mess up computers, although this hasn’t been tested in a UK court.
We’ve advised George to mention the CRA at his Apple store, stressing that it means he’s entitled to a refund, repair or replacement. We’ll let you know how he gets on .
We get many emails from readers about misleading product listings on ebay, so we’re pleased the site has taken action against one seller advertising Norton Security software as a disc, when it was download only.
As we reported in Issue 490, Computeractive reader Stuart Womack bought the software specifically because he wanted it on a disc. Contrary to the listing that promised free postage, the seller emailed Stuart an activation key instead. Both the seller and ebay refused his request for a refund. He could have taken this further through Trading Standards, arguing that the error in the listing meant he was mis-sold the software. In the end though he decided to download and install the software.
After we examined Stuart’s case, ebay told the seller they must state on their listings that the product is a download. We hope this will lead to less confusion in future. However, we’re unhappy that ebay has removed Stuart’s negative feedback for the seller. Future customers have a right to know that the seller’s listings once contained misleading information. After all, as ebay says on its ‘All about Feedback’ page ( www.snipca. com/23229): “Seeing what a member says about others can give you valuable information before you trade with them”.
Sellers can ask buyers to change feedback (see www.snipca. com/23230, though only for five comments per 1,000 items sold in the past 12 months. They can also tell ebay if they think feedback has violated the site’s policy: www.snipca.com/23231.