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Old 30.06.2012, 15:34
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2year warranty - EU directive 1999/44/EC in Switzerland (iPhone)

A couple of months ago I bought a 2nd hand iPhone that was bought in Switzerland. 1.5 year after the original purchase the phone developed a common fault. Similar fault has been reported by many people and I am 99% sure it originates from design / manufacturing. Also, there were no warranty-void events (water damage, etc).

In general, the EU requires manufacturers to repair or replace defective items within a 2yr period after purchase according to 1999/44/EC directive. However, does the Swiss CoO comply with it? Has anyone got any experience with it?




P.S. Apple has been recently fined by Italy for not disclosing the 2yr warranty period.
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Old 30.06.2012, 15:40
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Re: 2year warranty - EU directive 1999/44/EC in Switzerland (iPhone)

Welcome to the forum.

http://www.admin.ch/ch/d/sr/817_023_41/a25.html

http://www.parlament.ch/d/suche/seit...ch_id=19993168
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Old 30.06.2012, 15:44
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Re: 2year warranty - EU directive 1999/44/EC in Switzerland (iPhone)

Thanks!
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Old 30.06.2012, 16:38
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Re: 2year warranty - EU directive 1999/44/EC in Switzerland (iPhone)

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In general, the EU requires manufacturers to repair or replace defective items within a 2yr period after purchase according to 1999/44/EC directive. However, does the Swiss CoO comply with it? Has anyone got any experience with it?
No, it doesn't. The Directive - or, more precisely, the national laws transposing such directives into national law - do not require the manufacturer to provide such warranty, but the vendor. The manufacturer is tied to this requirement only for its direct sales.
And the mandatory warranty applies only to defects which were present at the time of purchase (the burden of proof re such presence/absence may shift during the 2year term from the vendor to the buyer).

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A couple of months ago I bought a 2nd hand iPhone that was bought in Switzerland. 1.5 year after the original purchase the phone developed a common fault. Similar fault has been reported by many people and I am 99% sure it originates from design / manufacturing. Also, there were no warranty-void events (water damage, etc).
The 2 year warranty is not mandatory for used items. You may have rights under a manufacturer's warranty which comes with the product. However, such manufacturers' warranties usually apply to the first customer only.
The EU Directive does not apply to goods purchased under Swiss law.
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Old 30.06.2012, 16:45
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Re: 2year warranty - EU directive 1999/44/EC in Switzerland (iPhone)

One link to an exception to certain safety standards applicable to lighters in case they are subject to the EU Directive. Not really relevant for the OP.

The second link leads to a parliamentary initiative in 1999, which suggested that Switzerland adopts a similar consumer protection law. Well, Switzerland did not.
This is the link to the duration of a vendor's mandatory warranty under Swiss law (1 year): http://www.admin.ch/ch/d/sr/220/a210.html
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Old 30.06.2012, 20:21
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Re: 2year warranty - EU directive 1999/44/EC in Switzerland (iPhone)

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No, it doesn't. The Directive - or, more precisely, the national laws transposing such directives into national law - do not require the manufacturer to provide such warranty, but the vendor. The manufacturer is tied to this requirement only for its direct sales.
And the mandatory warranty applies only to defects which were present at the time of purchase (the burden of proof re such presence/absence may shift during the 2year term from the vendor to the buyer).
The phone was bought directly from manufacturer. The problem developed without any help from the user- isn't this covered?

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The 2 year warranty is not mandatory for used items. You may have rights under a manufacturer's warranty which comes with the product. However, such manufacturers' warranties usually apply to the first customer only.
The EU Directive does not apply to goods purchased under Swiss law.
I do not quite understand the last sentence- if the Swiss Law obeys the directive, why would the directive not apply to SL?
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Old 01.07.2012, 01:10
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Re: 2year warranty - EU directive 1999/44/EC in Switzerland (iPhone)

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I do not quite understand the last sentence- if the Swiss Law obeys the directive, why would the directive not apply to SL?
Swiss Law does not obey this EU Directive. The link to the (German version) Swiss Code of Obligations states that warranty claims can only be raised within one year from purchase. And such claims can only be raised by the first buyer. You bought it second hand, thus you may or (more likely) may not have claims against your vendor (the person selling to you): A contractual warranty is only between the vendor and the buyer.
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Old 01.07.2012, 15:25
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Re: 2year warranty - EU directive 1999/44/EC in Switzerland (iPhone)

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Swiss Law does not obey this EU Directive. The link to the (German version) Swiss Code of Obligations states that warranty claims can only be raised within one year from purchase. And such claims can only be raised by the first buyer. You bought it second hand, thus you may or (more likely) may not have claims against your vendor (the person selling to you): A contractual warranty is only between the vendor and the buyer.
Thanks! That clarifies a lot.


P.s. Like your nickname
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