Apple sold me wrong case, my rights?

craftoholic

Hello, My mom brought me the new ipod nano 5th gen for christmas, and a case to go with it. However, the apple staff (who were with them the whole time they were in the store 'advising' them on what to buy) have sold them a case for the 4th gen ipod, which has a different screen size. I have the full reciept.. however, i opened the case and have thrown away the outer packaging. It still has its inner packaging but none of the plastic type stuff from the outside. I was wondering where i stand in terms of a refund or an exchange?

Blacksheep1979

Where did she bring it from?

jamesb1239

Blacksheep1979 wrote: »

Where did she bring it from?

Did that make you feel good? I'm sure the OP was happy to brighten your obviously boring christmas.

custardy

i would go back to the store with what parts you have & receipt
given they were bought at the same time i would hope apple will see you right

craftoholic

Blacksheep1979 wrote: »

Where did she bring it from?

wow, sorry that i made a very simple mistake with my english.


Custardy I think that's what i'm going to do and hopefully they will be willing to at least exchange it for the correct one. Thanks.

sweetstudent

I dont think that you have any rights tbh. Ultimatly it was you who decieded to choose that product and that you disposed of the packaging. If the store takes it back, they would have to sell it at at great loss.,

custardy

sweetstudent wrote: »

I dont think that you have any rights tbh. Ultimatly it was you who decieded to choose that product and that you disposed of the packaging. If the store takes it back, they would have to sell it at at great loss.,

says who? mum goes to apple shop and buys an ipod
then says can i have a case to go with it
sales person shows them x,y,z and mum picks one
how would she know?

robpw2

the point being is that unless its faulty they do not have to offer an exchange or refund on the product and the fact it is not in origional packaging means they are less likely to refund due to good will

custardy

so if i go to a shop request an item to fit X item
which the shop supplies
get home and it doesnt fit
its my fault?

donquine

sweetstudent wrote: »

Ultimatly it was you who decieded to choose that product

I think you'll find that the OP's mum relied on the salesperson's advice. If she had bought the wrong item all by herself, it would be different.

However, not quite sure how the OP managed to open the packaging and throw it away before realising it was the wrong size. Was there anything on the packaging to indicate which iPod it would fit? I.e. did you have to open it up to discover it was incompatible?

In any case, I would imagine Apple would be quite happy to exchange.

whatmichaelsays

Surely this is where "not fit for intended purpose" comes into it.

You have gone to a store and asked for a product that will perform a particular purpose (in this case, protect a 5G iPod). The salesperson has acted on this information and recommended a product accordingly. The recommended product is not fit for purpose.

That is not quite how the SOG Act defines "not fit for purpose" (it defines it as not fit for the use that the product was intended for, rather than not fit for what you intended the product for) but you can still use this argument. As mentioned above, if your recepit shows both the case and the iPod being purchased together, it can help your argument.