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    • whitlock1987
    • By whitlock1987 11th Jan 18, 1:58 PM
    • 8Posts
    • 0Thanks
    whitlock1987
    Faulty iPad
    • #1
    • 11th Jan 18, 1:58 PM
    Faulty iPad 11th Jan 18 at 1:58 PM
    13th June 2017 I bought an iPad pro.

    Fast forward to 19th December the device no longer charges past 1% so I got in touch with their support. They performed remote diagnostics and deemed the battery was faulty - in addition to the apple pay sensor. Advised me to take it into a store.

    Which I did - they noticed a small dent on the rear and without performing any checks - deemed accidental damage was the cause and refused to look into it further. Back to support! How can they tell from looking at it alone that that was the cause?

    They alluded to the fact that all dents should be measured and as that didn't happen, I should post it to a repair center.

    22nd December they received and agreed on the same day that they would replace it. It has been sat on "Pending Product Replacement" ever since!

    I've been in touch with a customer support representative in Ireland, who states the replacement is taking so long because the iPad was personalised and therefore a replacement needs to be shipped from China. She then asked if the personalisation was important - my response: no! That should speed up the process right?

    Wrong.

    She then stated that due to consumer law her hands are tied. She can look into another method but that would take 2 weeks. 2 weeks! Every store in the UK has stock, I could walk into store and get one today, have one delivered tomorrow. But no - they have their processes to follow.

    Which is fair enough - my argument is based on 2 points:

    1: If they diagnosed it properly in store would they not have given me a replacement on the spot?

    2: Consumer law states (took this from Apple's website):

    "If a repair or replacement is not possible, would impose a disproportionate burden on the seller, or could not be performed in a reasonable time and without significant inconvenience to the consumer, the consumer may choose either to have the price reduced or to withdraw from the contract by returning the product in exchange for a full refund."

    So, this is extremely inconvenient and I do not deem it to be a reasonable time for the points mentioned above.

    What do you guys think? Do I have a leg to stand on here? My issue is that when I pushed them on stock availability, their response was "I don't know"

    Thanks!
Page 1
    • Fosterdog
    • By Fosterdog 11th Jan 18, 2:52 PM
    • 3,560 Posts
    • 6,123 Thanks
    Fosterdog
    • #2
    • 11th Jan 18, 2:52 PM
    • #2
    • 11th Jan 18, 2:52 PM
    As the problem occurred more than six months after purchase (albeit only by a few days) it is down to you to prove that the fault was inherent, almost impossible to do when the device has impact damage as whatever impact was enough to dent the metal casing of the iPad was certainly bad enough to also cause a battery issue (I’ve seen iPads dropped on all sorts of surfaces, thrown and had things dropped on them and they don’t dent easily so there must have been some decent force involved). It is possible that if you push the issue too much they will go back on their offer of a replacement of a damaged item with a new or refurbished one and insist that you prove the fault which will leave you with nothing.

    They have had it for less than a month so you will be hard pushed to claim significant inconvienience, inconvienient maybe but not significantly nor extremely so.

    So far they appear to have been incredibly generous under the circumstances.
    • stuartJo1989
    • By stuartJo1989 11th Jan 18, 3:01 PM
    • 401 Posts
    • 391 Thanks
    stuartJo1989
    • #3
    • 11th Jan 18, 3:01 PM
    • #3
    • 11th Jan 18, 3:01 PM
    I'd be interested to know what this personalisation is!

    I just thought that all iPads were standard models and it was a case of just going into a shop and buying one!

    Whatever the personalisation, it is part of your original contract and the company are legally obliged to provide you with a replacement of THAT MODEL. If the only option is to ship it from China then that's going to incur a delay.

    Fairly hard to tell when it becomes "reasonable time" though, and if another user can't help you then it may be best speaking to CAB. You can certainly push for another remedy though (seller can alternatively choose to partially refund or repair the item) if you feel that it has been unreasonable time, just be REALLY NICE in asking for it as technically the onus is on YOU to prove that it is an inherent fault and not user damage (which it probably is to be fair).
    • Fosterdog
    • By Fosterdog 11th Jan 18, 3:07 PM
    • 3,560 Posts
    • 6,123 Thanks
    Fosterdog
    • #4
    • 11th Jan 18, 3:07 PM
    • #4
    • 11th Jan 18, 3:07 PM
    I'd be interested to know what this personalisation is!

    I just thought that all iPads were standard models and it was a case of just going into a shop and buying one!

    Whatever the personalisation, it is part of your original contract and the company are legally obliged to provide you with a replacement of THAT MODEL. If the only option is to ship it from China then that's going to incur a delay.
    Originally posted by stuartJo1989
    Apple offer an engraving service so that is probably what the personalisation is, Iíve never heard of them offering any other kind of personalisation.
    • whitlock1987
    • By whitlock1987 11th Jan 18, 3:20 PM
    • 8 Posts
    • 0 Thanks
    whitlock1987
    • #5
    • 11th Jan 18, 3:20 PM
    • #5
    • 11th Jan 18, 3:20 PM
    Apple offer an engraving service so that is probably what the personalisation is, Iíve never heard of them offering any other kind of personalisation.
    Originally posted by Fosterdog
    Yes sorry - the engraving!

    My issue is 100% around the fact they took one look in store and said it was accidental damage. Which through the repair centre has been proved not to be the case.

    Yes I understand the engraved models do have to ship from China, but the customer service rep even asked over the phone if I was willing to take an iPad without this, which I agreed to. But - they won't go down that avenue for one week, maybe 2. I can't get a clear indication of when I'll get a replacement. They claim their hands are tied due to process but at no point have actually explained what that process is.

    I have another call scheduled shortly to discuss following me raising a complaint.

    Yes, it's a fine line as it's over the 6 months, but surely that doesn't give them the right to (having agreed to replace due to faulty parts) take the stance of "We have no stock. It will be there when it's there"

    Thanks all
    • stuartJo1989
    • By stuartJo1989 11th Jan 18, 3:42 PM
    • 401 Posts
    • 391 Thanks
    stuartJo1989
    • #6
    • 11th Jan 18, 3:42 PM
    • #6
    • 11th Jan 18, 3:42 PM
    My issue is 100% around the fact they took one look in store and said it was accidental damage. Which through the repair centre has been proved not to be the case.
    Originally posted by whitlock1987
    Well, technically the item was purchased over 6 months ago and as such the company were not legally obliged to determine whether it was user damage or a fault. That fell to you to prove.

    So the store were legally correct + the repair centre are going above and beyond their legal obligations.

    So don't make a big song and dance about that "issue", just in case they become a bit less reasonable

    (unless this is a warranty return, which would be different but which may be voided by a dent on the item)

    Yes, it's a fine line as it's over the 6 months, but surely that doesn't give them the right to (having agreed to replace due to faulty parts) take the stance of "We have no stock. It will be there when it's there"

    Thanks all
    What is your proposed solution?

    That they simply magic a new product out of thin air to get over the "we have no stock" issue? Or that they wait until the stock arrives and send it on to you asap?
    • whitlock1987
    • By whitlock1987 11th Jan 18, 3:51 PM
    • 8 Posts
    • 0 Thanks
    whitlock1987
    • #7
    • 11th Jan 18, 3:51 PM
    • #7
    • 11th Jan 18, 3:51 PM
    Well, technically the item was purchased over 6 months ago and as such the company were not legally obliged to determine whether it was user damage or a fault. That fell to you to prove.

    So the store were legally correct + the repair centre are going above and beyond their legal obligations.

    So don't make a big song and dance about that "issue", just in case they become a bit less reasonable

    (unless this is a warranty return, which would be different but which may be voided by a dent on the item)


    What is your proposed solution?

    That they simply magic a new product out of thin air to get over the "we have no stock" issue? Or that they wait until the stock arrives and send it on to you asap?
    Originally posted by stuartJo1989

    My issue is that every store in the UK has stock. They're asking me to wait weeks for no reason.

    I'm not making a "song and dance" as you put it. They said they will do something that they're not doing. Forget me having to prove the fault. They admitted the fault.
    My solution is they tell me when they're going to replace their faulty device. Not have me wait two weeks and see where we are then. Which is their stance at present.
    • whitlock1987
    • By whitlock1987 11th Jan 18, 4:02 PM
    • 8 Posts
    • 0 Thanks
    whitlock1987
    • #8
    • 11th Jan 18, 4:02 PM
    • #8
    • 11th Jan 18, 4:02 PM
    Futher explanation from the call I just had:

    All iPads come with a 1 year warranty. Which is why they are replacing mine, not out of good will or a favour.

    What they explained over the phone is that while the replacement device comes off the same production line and is essentially new - they can't sell it as brand new as it does not come with a further 1 year warranty.

    And it's this stock that they are currently having issues with. Frustrating, but at least I know what their process is now!
    • john22
    • By john22 11th Jan 18, 5:18 PM
    • 309 Posts
    • 163 Thanks
    john22
    • #9
    • 11th Jan 18, 5:18 PM
    • #9
    • 11th Jan 18, 5:18 PM
    Futher explanation from the call I just had:

    All iPads come with a 1 year warranty. Which is why they are replacing mine, not out of good will or a favour.

    What they explained over the phone is that while the replacement device comes off the same production line and is essentially new - they can't sell it as brand new as it does not come with a further 1 year warranty.

    And it's this stock that they are currently having issues with. Frustrating, but at least I know what their process is now!
    Originally posted by whitlock1987
    You have to remember things are open to interpretation no matter what one person says or another. You found this out when you went into the store and they refused due to the dent on the iPad.

    Key points regarding the consumer act

    If you are outside the 30-day right to reject, you have to give the retailer one opportunity to repair or replace any goods or digital content which are of unsatisfactory quality, unfit for purpose or not as described.
    The first six months

    If you discover the fault within the first six months after buying the product, it is presumed to have been there since the time of purchase - unless the retailer can prove otherwise.

    During this time, it's up to the retailer to prove that the fault wasn't there when you bought it - it's not up to you to prove that it was.

    If an attempt at repair or replacement has failed, you have the right to reject the goods for a full refund or price reduction - if you wish to keep the product.
    Six months or more

    If a fault develops after the first six months, the burden is on you to prove that the product was faulty at the time of delivery.

    In practice, this may require some form of expert report, opinion or evidence of similar problems across the product range.
    Apple will replace a device for you but they do not always do that and itís not a right that you should expect a brand new device just because itís less than one year. Itís up to the discretion of Apple hence goodwill and good customer service.

    However itís good that you continued to talk to Apple about the issue and that your happy with what they now have said to you. This is why itís important always to keep things polite and civil so that the seller or buyer donít become defensive to the point of things ending up in court.
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