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Advice Needed (iPhone Cosmetic Damage)

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Hi All,

I got my iPhone 5 from EE on the 28th October (UK)

I put a case on it that day with a screen protector. About a week later I noticed that on the unprotected part of the black bezel paint had started to chip off, quite badly on the top two corners and some on the bottom corner. I can literally if I want to rub more paint off the affected area with my fingers.

I took it into EE and after being palmed off by some sales advisor's I spoke to a more clued up member who agreed it seemed to be a fault (insofar as it shouldn't be so easy for paint to come off a phone so new) but said it was not EE's problem but Apple's. I booked a Genius appointment which the earliest available was today. He (Genius) spoke to his manager and said a phone so new with this problem would be replaced, but Apple's warranty only covers Hardware/Software, and that I'd have to take it back to EE. That was that and before I said anything he was up with his iPad on to the next appointment. I spoke to a more helpful guy floating around and he said if I'd bought the phone from Apple directly (on EE) he would have replaced it no qualms - and that I should see if I'm still in the grace period for cancelling the contract with EE.

Back to EE - cocky assistant manager wouldn't offer anything, and that because I bought it in store I have no grace period to cancel my contract.

Rang EE customer services who informed me I was just outside the 2 week cut off to return my phone and cancel, but when I first took it back to EE it was well within - however because there's no log of that they can't help me.

tl;dr - both sides have admitted the paint shouldn't be flaking off but just keep palming me off and blaming the other side.

I'm less than one month into a contract that when finished will cost me £973 and I don't think it's acceptable for me to have a product that is flaking off paint in my pocket after a week.

Do I have any consumer rights or do I have to stomach it?

Sorry for the essay.

Thanks in advance.

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