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Old 08.10.2019, 07:21
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Non Functioning Iphone Purchase

I bought a new Iphone 7 from FUST on saturday.
Since that time it constantly blocks me out and i have to reset the whole phone
and restore from backup.

I contacted the shop and they say the responsibility is with apple.

Apple are not solving the problem and the support is rubbish

This morning Ive had to restore the phone again.

As its only 3 days old do i have any rights to return the Phone to the shop

All help appreciated
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  #2  
Old 08.10.2019, 07:33
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Re: Non Functioning Iphone Purchase

Looks like you can return it if you've bought it in the physical shop: https://www.fust.ch/de/30-tage-umtau...--1--1059.html

Or in the online shop in case the product is marked with a 30 day right to return.

Note I didn't read the full article with all terms and conditions.
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Old 08.10.2019, 07:36
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Re: Non Functioning Iphone Purchase

The small print seems to indicate that no returns are possible for items in use i.e the mobile phone but thats crazy as I have an intermittent fault that's not instantly demonstratable


Kein Umtauschrecht besteht auf Verbrauchsmaterialien (wie Speicherkarten, Filmen, Software) und Geräte, die vorwiegend unterwegs im Einsatz sind (dh. Handy/Smartphone, Activity Tracker, SmartWaches, Kopfhörer, Foto- und Videokameras (inkl. Objektive+Action Cams), Beamer, Notebooks/Pcs, Tablet-PC, Handhelds, Organizers, Spielkonsolen). Ausgenommen sind auch Occasionen und Extrabestellungen (ist auf Lieferschein und Rechnung entsprechend vermerkt). Das Umtauschrecht gilt nicht für Gewerbeapparaten, Einbauküchen, Bäder/Badmöbeln. Körperpflegeprodukte können aus hygienischen Gründen nur ungebraucht und originalverpackt umgetauscht werden.
Umtausch von gemieteten Artikeln ist nach Ablauf der Mindestmietdauer möglich.
Ist der Verkaufspreis bis zur Rückgabe gesunken, erfolgt die Anrechnung im Umtauschfall auf Basis des von Fust praktizierten neuen Preises. Innerhalb der ersten 5 Tage nach dem Kauf gilt jedoch die Fust-Tiefpreisgarantie. Hat sich der Preis seit dem Kauf erhöht, wird der seinerzeitige Kaufpreis angerechnet. Differenzbeträge werden in Form von Fust-Einkaufsgutscheinen erstattet.

Bei offensichtlichem oder vermutetem Missbrauch, z.B. bei mehrfachem Umtausch, steht es Fust frei, einen Umtausch abzulehnen.
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Old 08.10.2019, 07:43
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Re: Non Functioning Iphone Purchase

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I bought a new Iphone 7 from FUST on saturday.
Since that time it constantly blocks me out and i have to reset the whole phone
and restore from backup.

I contacted the shop and they say the responsibility is with apple.

Apple are not solving the problem and the support is rubbish

This morning Ive had to restore the phone again.

As its only 3 days old do i have any rights to return the Phone to the shop

All help appreciated
Simply take it to an Apple shop. It has a garantie!

https://www.apple.com/chde/retail/storelist/
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Old 08.10.2019, 07:47
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Re: Non Functioning Iphone Purchase

I'm in Bern
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Old 08.10.2019, 07:49
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Re: Non Functioning Iphone Purchase

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I'm in Bern
What exactly happens when it " blocks you out"?
Visit the shop in Zurich
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Old 08.10.2019, 07:50
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Re: Non Functioning Iphone Purchase

Contact Apple support online?
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Old 08.10.2019, 08:01
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Re: Non Functioning Iphone Purchase

Have you backed up to PC ( using iTunes ) or Cloud? Restored from where. PC or Cloud?

https://support.apple.com/en-us/HT201412

Last edited by omtatsat; 08.10.2019 at 08:13.
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Old 08.10.2019, 09:22
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Re: Non Functioning Iphone Purchase

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The small print seems to indicate that no returns are possible for items in use i.e the mobile phone but thats crazy as I have an intermittent fault that's not instantly demonstratable


Kein Umtauschrecht besteht auf Verbrauchsmaterialien (wie Speicherkarten, Filmen, Software) und Geräte, die vorwiegend unterwegs im Einsatz sind (dh. Handy/Smartphone, Activity Tracker, SmartWaches, Kopfhörer, Foto- und Videokameras (inkl. Objektive+Action Cams), Beamer, Notebooks/Pcs, Tablet-PC, Handhelds, Organizers, Spielkonsolen). Ausgenommen sind auch Occasionen und Extrabestellungen (ist auf Lieferschein und Rechnung entsprechend vermerkt). Das Umtauschrecht gilt nicht für Gewerbeapparaten, Einbauküchen, Bäder/Badmöbeln. Körperpflegeprodukte können aus hygienischen Gründen nur ungebraucht und originalverpackt umgetauscht werden.
Umtausch von gemieteten Artikeln ist nach Ablauf der Mindestmietdauer möglich.
Ist der Verkaufspreis bis zur Rückgabe gesunken, erfolgt die Anrechnung im Umtauschfall auf Basis des von Fust praktizierten neuen Preises. Innerhalb der ersten 5 Tage nach dem Kauf gilt jedoch die Fust-Tiefpreisgarantie. Hat sich der Preis seit dem Kauf erhöht, wird der seinerzeitige Kaufpreis angerechnet. Differenzbeträge werden in Form von Fust-Einkaufsgutscheinen erstattet.

Bei offensichtlichem oder vermutetem Missbrauch, z.B. bei mehrfachem Umtausch, steht es Fust frei, einen Umtausch abzulehnen.
Isn't that for items that are functioning properly?

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I contacted the shop and they say the responsibility is with apple.
You bought the phone from Fust, not Apple. Your contract is with them.

You need to demand a replacement. You paid for a new phone. You shouldn't accept a repaired phone.

Why can't shops here man-up to their responsibilities?
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Old 08.10.2019, 09:43
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Re: Non Functioning Iphone Purchase

Its crazy

I buy an Iphone
it stops working properly within 24 hours
It keeps asking for the passcode and saying it's incorrect

I reset the phone , create a new passcode and within
a few hours the problem starts again

I contact Fust and they ask me to contact apple
I contact apple and they ask me to restore the phone

I went to a phone shop in Bern and they charged me 40chf to fix the issue
and when I got home it started again


I bought the Phone on saturday ...
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  #11  
Old 08.10.2019, 10:02
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Re: Non Functioning Iphone Purchase

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Its crazy

I buy an Iphone
it stops working properly within 24 hours
It keeps asking for the passcode and saying it's incorrect
There's lots of stuff that may help on the web.

For example, the following:

In summary the rules governing when a passcode is required instead of your fingerprint, are as follows:
  • The passcode has not been used to unlock the device in the last six days
  • Your fingerprint has not been used to unlock the device in the last eight hours
  • You have just powered up (or rebooted) your device
  • Your device has not been unlocked for more than 48 hours
  • You’ve unsuccessfully tried to use your fingerprint on five consecutive attempts
  • Whenever you add a fingerprint to your Touch ID settings
  • Your device has received a remote lock command

From here

You should google your symptoms and see if any solutions will fix it and then re-visit Fust if all else fails.
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Old 08.10.2019, 10:10
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Re: Non Functioning Iphone Purchase

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You should google your symptoms and see if any solutions will fix it and then re-visit Fust if all else fails.
And then buy a decent phone.
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Old 08.10.2019, 10:13
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Re: Non Functioning Iphone Purchase

It only omits consumable items like memory chips from the return, not the whole unit. I´d go for it.
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Old 08.10.2019, 10:15
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Re: Non Functioning Iphone Purchase

There are two options/ways to resolve the issue.

1. Option - Use the optional manufacturer warranty
In this case go through Apple and demand that the phone should be fixed/replaced according the terms and condition of the Apples warranty.

2. Option - Use your buyer rights according Code of Obligation
In this case go through Fust and demand that the phone shall be fixed, refunded, or repaired according Art. 197, 201, and 206 Code of Obligations, as well as Fust General Terms and Conditions. By default, if Fust's Terms and Condition do not specify anything else you can either request a partial refund (and keep the defective product), a full refund, or a replacement. But Fust's Terms and Condition can specify that they have the right to repair the phone (up to two tries https://www.srf.ch/sendungen/kassens...sen-sie-wissen ) before it get's replaced/refunded.


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You need to demand a replacement. You paid for a new phone. You shouldn't accept a repaired phone.

Why can't shops here man-up to their responsibilities?
Because that is not what the Swiss law says. Switzerland is still an old-school liberal, nanny free, country. There is lot of contract freedom (Art. 19 Code of Obligations ) and not much of mandatory costumer protection.
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Old 08.10.2019, 10:30
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Re: Non Functioning Iphone Purchase

Have you set up mail accounts or other things with certificates that demand a 6 figure digit while you use a 4 digit passcode?

If you restore your iPhone it might need the latest updates again, could be that you have to try 1234 or 123456 first since that is the default passcode introduced with iOS 13 if no passcode can be found.

I prefer dealing with Apple instead of Fust when it comes to such issues simply because Apple has much more specific knowledge, it could be a fault in your logic controller board, suggest that Apple takes it in and keeps it for 2 or 3 days to see for themselves if the problem occurs.
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Old 08.10.2019, 10:46
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Re: Non Functioning Iphone Purchase

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Because that is not what the Swiss law says. Switzerland is still an old-school liberal, nanny free, country. There is lot of contract freedom
Which is bad for the consumer and great for unscrupulous retailers.

Why do you write as if this is a good thing?

I'd also add that the Swiss law you quoted was last amended in 2011 which means they were probably working on it long before that and , in my opinion, is not fit for purpose with modern technological gadgets.

It probably works fine if someone is buying a table or a chair but for a complex electronic device whose functionality cannot be verified at the time of purchase, unlike a table or a chair), the current law is inadequate as far as consumer protection is concerned.

I'd also check your own definition of nanny-state. Not sure that it's got anything to do with consumer protection.

Last edited by Tom1234; 08.10.2019 at 10:56.
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Old 08.10.2019, 10:51
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Re: Non Functioning Iphone Purchase

Had an iphone 5 dropped it broke screen

Bought iphone 7 from FUST

and now every few hours I cannot access the phone due to it disabling passcode

I use find my phone to restore to factory settings

updated to latest IOS 13 still problem persist's

tried many combinations of passcode after checking apple support forums

123456
1234
000000
0000


Will contact apple support again
otherwise I feel like throwing it into the Aare but that would be cruelty to the Aare !!!!
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Old 08.10.2019, 10:53
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Re: Non Functioning Iphone Purchase

Grow some balls, stop whining and go back to the shop where you bought it and kick up shit, you'll soon get a replacement
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Old 08.10.2019, 11:02
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Re: Non Functioning Iphone Purchase

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Why do you write as if this is a good thing?
Do I or is it only how you interpret it?
https://en.wikipedia.org/wiki/Four-sides_model

To be frank, there are good reasons I had not set a foot in a Fust store in ages.
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Old 08.10.2019, 11:06
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Re: Non Functioning Iphone Purchase

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Do I or is it only how you interpret it?
https://en.wikipedia.org/wiki/Four-sides_model
Nanny-state is a derogatory term. You used it in defence of the laws relating to consumer protection.

Which part of that is unclear to you?
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