Facial ID Fail - out of 1 year warranty buy within 2 years consumer law?

[EBrazUK]

Since the last update (13.7) - my facial recognition stopped working. I followed advice on the Apple website, and decided to contact Apple to book the next available appointment at an Apple store to get it checked out. My first available day (with a few days of noticing the issue) I went to apple to get it assessed. They’re conclusion after the FaceID diagnostic failed is that the phone would require a whole unit replacement. On the notes cosmetic condition - “no signs of damage or misuse). There is no impact to the camera lense, not quality in photos. There is no scratches or anything that could cause this to fail. Apple have recommended that I speak to who I bought the phone from under the consumer law, as they explained if id bought it from Apple directly they would’ve honoured it as they can physically see that there is no damage or misuse for me to have physically caused this to happen, it is a fault that can happen, however when I took it over to o2 I was greeted by a very rude woman who looked at my piece of paper that apple had written out to show them and she said “well you can have that back, we aren’t interested in fixing it, it’s out of its 1 year Apple warranty and if you want it fixing then I need to give it to them so they can send it off for an estimate on the price and I would have to pay for fix. And that was that and she gave me back the paper before she even finished her sentence. I’m looking for some advice please?

[MI5]

@EBrazUK 

Consumer law only covers you for manufacturing faults that you can prove were present at the time of manufacturing.

Apple are the only phone manufacturer who do not give 2 year warranty and instead, sell Apple Care to extend the cover period.

O2 have no legal obligation to repair your phone for free, but it would cost Apple next to nothing to do so.

If they (Apple) are saying they would replace it or repair it, I would be pushing them to do so.

edit for spelling