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Hello Odidio team,

 

I am writing to formally lodge a complaint regarding the iPhone 13 pro max I purchased from Odido (T-mobile). Despite my efforts to resolve this issue through your store and directly with Apple, the problem persists, and I believe this matter needs immediate attention under Dutch consumer law.

Background of the Issue:

  • Purchase Details:  I purchased an iPhone from your Zoetermeer store on 20/03/2022
  • Subscription Details:  The subscription associated with the purchase was active until April 2024.
  • Issue Encountered:  Starting in March 2024, I started experiencing issues with the cellular connection on my iPhone. The phone loses its cellular connection completely.

Attempts to Resolve the Issue:

  1. First Visit to Apple Amsterdam (06/04/2024):
    • Diagnostics were performed, and no issues were found. A reset was suggested and executed, temporarily resolving the issue.
  2. Second Visit to Apple Amsterdam (09/06/2024):
    • Diagnostics again showed no issues. The Apple staff suggested removing the old physical SIM card, which resolved the issue temporarily.
  3. Problem Resurfaced (03/08/2024):
    • I contacted Apple Support through their support app. A remote diagnostic detected a cellular issue. Following this, I visited the Apple Amsterdam store again on 03/08/2024 . They advised that the issue should be addressed by Odido, as the phone was purchased from your store, and referred to Dutch consumer law stating that the device should function properly for an acceptable period, which extends beyond the 2-year warranty.

Odido's Response:

Upon visiting your store on 03/08/2024, I was informed that since the device's warranty expired in April 2024, Odido would not address the issue. This response contradicts the advice given by Apple and my understanding of Dutch consumer protection laws Dutch consumer protection laws, which require that products should function properly for a reasonable amount of time, regardless of the standard warranty period.

 

Request for Resolution:

Given the timeline and recurring nature of the issue, it is evident that the iPhone may have had a latent defect that became apparent only after the warranty period ended. Under Dutch consumer law, I am entitled to a product that functions properly for a reasonable period, which in this case should be beyond the standard warranty due to the high cost and expected longevity of the device.

I kindly request that Odido:

  1. Inspect and Repair the iPhone:  Perform a thorough inspection and repair of the device at no cost to me.

  2. Provide a Replacement:  If the phone cannot be repaired, I request a replacement device of the same or equivalent model.

Next Steps:

If this issue is not resolved within 14 days of this letter, I will have no choice but to escalate this matter to the Dutch Consumer Authority and seek legal advice on enforcing my rights under Dutch consumer protection laws.

I trust that Odido will handle this matter with the seriousness it deserves and look forward to a prompt resolution.

Hi @saurabhjain176 

First of all, before knowing what the cause of the issue is, it is hard to say if this should be covered under warranty or not. Most of the times, a factory problem does not surface after two years.

In general, while you made the purchase for subscription and phone, you accepted the “ algemene voorwaarden for consumers”.  In article 34, they describe the warranty”;

“ Garantie 34. Je hebt op grond van de wet recht op een deugdelijk product. Daarnaast kan je gedurende een periode van twee jaar gerekend vanaf de aankoopdatum aanspraak maken op garantie in combinatie met je afleverfactuur of een ander bewijs van aanschaf of betaling. 

“ 

In the “ algemene voorwaarden”  there is also a referral to a specific “ repair clauses” document. There you see that there is more than the 24 months warranty.

“ 1.2 Op de toestellen van Odido zit een garantie van 24 maanden. Daarnaast heb je de rechten die de wet aan jou als (consument)koper toekent.” 

 

In order to be able for odido to investigate the issue and come with a proposel for repair or not and what costs are invoved, you have to send it to the repair center.  They can not determain the cause of a techncial problem in an odido shop.

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