Reduced warranty on phones bought from Kogan?

tik tok on 16/11/2017 - 19:24

Bought an iphone from kogan less than 2 years ago. Phone broke after an OS update (restarted randomly then one day just gave up). Went to the apple store and was told phones purchased from Hong Kong have a warranty for only one year but the ones purchased in Australia have a 2 year warranty. There was no way of explaining to the tech that I purchased the phone in Australia.
I purchased the phone from kogans website on one of their boxing day sales. I had no idea this was coming in from HK.
Has anyone faced such a situation before ? Is getting it fixed from a local tech the only reasonable option ?

Cheers,

Mobile

Comments

  • [Deactivated] on 16/11/2017 - 19:36
    +7

    You bought the iPhone from Kogan HK.
    Not Australia

    • tik tok on 17/11/2017 - 12:09

      Yeah, thanks for pointing it out. Just realised it.

  • Olokun on 16/11/2017 - 19:37
    +1

    This might help

    https://www.ozbargain.com.au/node/262800

    • tik tok on 17/11/2017 - 12:09

      Thank you

  • whooah1979 on 16/11/2017 - 19:39
    +2

    I purchased the phone in Australia.

    did you really do that?

    take a look at the invoice, does it state tax invoice and an abn or invoice and a br?

    • tik tok on 17/11/2017 - 12:10
      -2

      I did purchase it in Australia. I can look up my router records or Chrome history and prove this.

      • whooah1979 on 17/11/2017 - 12:18
        +1

        The ip may point to a node located in Australia, but that doesn't mean that the transaction was with an Australian entity. Have look at ebay. They have been billing members for 17 years using a Swiss entity. Microsoft bill their customers from Singapore.

        Have a look at your invoice. Does it state tax invoice and an abn or is it invoice and a br?

  • mbck on 16/11/2017 - 20:04
    +1

    Did you buy it with a credit card? Some offers extended warranty

    • tik tok on 17/11/2017 - 12:10

      Thank you. Hadn't thought of this. Shot a mail to the bank.

  • thewinchester on 16/11/2017 - 20:25
    +3

    Did you also look at the Kogan website to understand where purchased from?

    Also, Apple’s global limited is only 1yr (https://www.apple.com/au/legal/statutory-warranty/); and coverage can be extended if your device is eligible to purchase an AC+ agreement - and only if acquired within the required timeframe (which is 60 days from original purchase date for most countries).

    Consumer Law also only applies to devices purchased in Australia.

    So their decision to offer you a paid repair would be correct.

    If you feel Kogan didn’t disclose adequately that your device would not be sourced in Australia, speak with the consumer affairs agency in your state or territory.

    • tik tok on 17/11/2017 - 12:11

      No. I just jumped at the discounted price and bought it, unfortunately.

  • Kranbone on 16/11/2017 - 21:15
    +1

    Are you able to return it to kogan so they can organise it to be repaired??

    • tik tok on 17/11/2017 - 12:12

      I am in touch with them - while they keep palming me off to Apple who has washed off their responsibility as it was bought internationally.

  • surm on 16/11/2017 - 21:52
    +2

    "Kogan HK" is a business that operates in Australia and it has an Australian ABN. They come under the Australian consumer law and they are aware of it. Tell them politely but firmly that you expect a remedy (repair/refund/replacement) under the Australian Consumer Law.

    • surm on 16/11/2017 - 21:52
      +2

      Below is from Kogan website:

      "Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. The warranties and product support that we offer and provide pursuant to our Terms and Conditions are in addition to the consumer warranties and guarantees under the Australian Consumer Law."

  • surm on 16/11/2017 - 21:54
    +1

    "The ACL can also apply to parallel importers in Australia like kogan.com.au and dstore.com, no matter where the products are sourced from."

    https://www.choice.com.au/electronics-and-technology/interne…

    More:
    "Australia's consumer protection laws provide recourse for online shoppers irrespective of whether the seller is based in Australia or overseas," we argued. "[It's just that] the enforcement of these laws may be more difficult to pursue when the seller is located overseas."

  • surm on 16/11/2017 - 22:07
    +1
    1. Faulty or damaged goods
      Kogan HK will repair, replace or refund faulty or damaged Products in accordance with the Warranty Terms and Conditions and Your rights under the Australian Consumer Law.

    https://www.kogan.com/au/terms-and-conditions/#other-product…

  • CLoSeR on 16/11/2017 - 22:57
    +1

    Return it to Kogan if they are claiming it cannot be excluded under ACL; Apple are not required to repair/replace your imported iPhone.

    • tik tok on 17/11/2017 - 12:12

      Sure. Problem is I can't find how long a phone is warrantied under ACL ?

      • joungs on 17/11/2017 - 15:56

        A "reasonable" time, if you paid a lot for it that could be considered 2 years. If you didn't pay much 1 year would likely suffice.

  • tik tok on 17/11/2017 - 10:02

    Where can I find how long a phone is warrantied under Australian Consumer Law ?

    • whooah1979 on 17/11/2017 - 10:37

      You can't because consumer guarantees isn't defined in months or years in the acl.

    • Olokun on 17/11/2017 - 10:43
      +1

      You could use this as a reference point

      https://www.accc.gov.au/media-release/apple-australia-gives-…

      In the undertaking Apple has publicly acknowledged that, without limiting consumers’ rights, Apple will provide its own remedies equivalent to those remedies in the consumer guarantee provisions of the ACL at any time within 24 months of the date of purchase.

      To avoid any doubt, Apple has also acknowledged that the Australian Consumer Law may provide for remedies beyond 24 months for a number of its products.

      • thewinchester on 21/12/2017 - 21:25

        Sorry Olokun, but you’re absolutely wrong on this.

        Apple isn’t obligated here - under either ACL, or its enforceable undertakings - in respect of the OP’s device because it was a grey market import from Hong Kong. The place of purchase for this device is Hong Kong, so their offering of a paid repair is consistent with Apple’s limited warranty for products sold in Hong Kong.

        If the OP wants to pursue an ACL remedy, they have to take their issue up with Kogan.

        • Olokun on 21/12/2017 - 21:53

          Hi thewinchester

          I was pointing to the media release as a point of reference to the OPs question on how long the phone should last for.

  • tik tok on 27/12/2017 - 13:31

    Thanks to all those who helped. Finally, I have a remedy that I like :)

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