Apple iPhone fault

Hi, I have a twist on the usual type of problem...
I was given an iPhone 3GS in April 2011 when my partner upgraded which was about a year old. It worked well for some time and then developed a fault in August which meant it would not work at all. I took it to our Apple store and upon inspection the engineer said that he would replace it with a new device for £50, to which I agreed.

The new phone has now developed a completely different fault. The mute switch has become hypersensitive and the vibrate function constantly comes on and off at random. An icon appears on my screen and the phone buzzes all the time--it's hard to use and really annoying. As I had had it less than a year I took it to the Apple store again. The engineer this time knew what the fault was even before I finished describing it, suggesting it is a common fault. He took the front glass off to tinker with the switch, but it has not cured it (as he suggested it probably wouldn't). I'd looked on the internet before going and found numerous people referring to this as a hardware fault which could only be resolved by replacing the device.

The engineer said that there was only a 90 days warranty on a replacement and that he could give me a replacement but it would cost me £119. Although I own an iPhone, it was given to me! It was a struggle to find the £50 for the replacement last August. I can't afford a further £119 at this point. Do I have a right to expect that a replacement would also function satisfactorily? Do I have a right to expect a replacement rather than a repair (since the retailer's engineer has already told me it is irreparable)? I am concerned about this because it is obviously a fault Apple have come across before... yet they seem reluctant to admit any responsibility. Or should I regard the £119 as a fair sum?

Hi Witch consumer,

Thanks for this! What I am not clear on (as in when I go and tackle them in the shop) is exactly what my consumer rights are. Apple has a clause in its warranty saying basically what I was told, that the warranty would only extend for 90 days max for a replacement part or product. I am not clear whether a replacement ALWAYS counts as 'the same as' a new purchased phone in consumer law--or whether Apple are within their rights to make the 90 days stipulation. And I can't find a clause in the Sale of Goods Act that specifically applies. Can you point me in the right direction?

Apple warranty text is online btw but the system won't allow me to insert the link, sorry about that.

Many thanks...

Thanks so much--that's really helpful--I shall go down and beard the lions in their den!

OK, time for a progress update!

I went to see Apple's Genius Bar manager near us. He initially claimed I did not have any statutory rights. When I argued with him, citing the SOGA, he then moved on to claiming that I would need to obtain a specialist report stating that, quote, 'the iPhone was faulty at the time of manufacture'.

Now clearly the PROBLEM didn't exist at the time of manufacture...but from browsing around I find that the most likely thing to have happened to cause my phone's problem is that the mute switch wears out very quickly. In fact, there are HUNDREDS of entries from dissatisfied owners, most of whom (on Apple help forums) are being advised to buy a replacement. (One site offers a replacement mute button for 1/40 the price of a replacement phone, but installing it is a tricky business).

In fact, Apple are so aware of this particular problem that they have just decided to redesign the new iPhone radically so as to stop the headphone jack from interfering with the mute button.

So, assuming I can find somewhere that would do me a report saying 'this is the standard Apple iPhone 3GS mute button problem', would this sort of wear and tear be considered an acceptable development within 10-11 months of ownership? I clearly cannot prove that the fault existed from the moment of manufacture, as the manager wanted. On the other hand it seems to me quite unacceptable for the company not to take responsibility for a problem of this sort, which has every evidence of being a design flaw.

Plus, I am finding confusing and conflicting info on the internet about my rights here. On the new Citizens Advice Bureau it interprets the SOGA thus:

A seller isn't responsible for fair wear and tear so you can't claim that the goods are unsatisfactory just because they've become a bit worn over time. For goods to be unsatisfactory they need to be faulty when you bought them, even if you didn't discover the fault until later. If the goods don't last as long as they should this suggests that they were faulty right from the beginning.

So I am wondering how far my experience constitutes 'fair wear and tear' versus what it looks like, i.e. 'a problem that Apple are perfectly well aware of but that it is convenient for them not to acknowledge'

All advice warmly welcomed...thanks!