problems with i pod one week out of guarantee.

foxybabe

I wonder whether any one could give me any advice on where i stand. Last christmas I bought an I pod classic for my ds. I paid £175 for it and it was literally one week out of guarantee when the wheel broke on it. My son took it into the apple shop in the new year as he was buying a new apple lap top and signing up for an i phone. They told him there was nothing they could do as it was out of guarantee and it was a common fault with the i pod :eek:. (i wish i had known that before!!). All they offered him was £100 repair or buy a new i pod.

I am thinking of e-mailing apple direct and asking if there is anything they can do. Has anyone had this problem and have they contacted apple and had any luck.

Many thanks in advance.

fwor

I'd suggest that you assert your rights under the Sale Of Goods Act, which apply independently of any guarantee. I don't think even Apple could argue that a lifetime for such a product of just over a year is reasonable or acceptable.

Bear in mind though that you will need to approach whoever you bought it from, which may or may not be Apple if you did not buy direct from them.

Also, if you go directly to Apple and hope for a "gesture of goodwill" repair, I would write rather than email, as an email is just too easy to ignore in my experience.

foxybabe

Thanks for that. I actually bought it from tesco so would i be better going directly to them? What would be the best approach? I do not really know much about the sale of goods act. I will google it now. Thanks again.

foxybabe

Just googled the sale of goods act and all i can find is info on goods still covered by the guarantee. Has anyone got a link or could point me in the right direction of wher i can find out more info.

jaydeeuk1

Can't find the link but EU law has changed things recently. Will be covered by 24 months warranty, regardless of whatever retailers claim.

edit - Link is inside this article

http://www.thisismoney.co.uk/bargains-and-rip-offs/tips-and-guides/article.html?in_article_id=487339&in_page_id=53954&in_advicepage_id=131

"A two-year guarantee applies for the sale of all consumer goods everywhere in the EU. In some countries, this may be more, and some manufacturers also choose to offer a longer warranty period.' As with UK law, a seller is not bound by the guarantee 'if the (fault) has its origin in materials supplied by the consumer'. But the EU rule does not require the buyer to show the fault is inherent in the product and not down to their actions."

foxybabe

Thanks for that. I will be making some phone calls tomorrow. Hopefully i will have some luck with this as i do feel that something should be done. One week out of guarantee really isn't acceptable as far as i am concerned.

simpywimpy

I would try apple again instore. Ive just had my sons ipod redone and that was out of guarantee since october. I think it depends on who you get. I bought ours in argos

fwor

jaydeeuk1 wrote: »

Can't find the link but EU law has changed things recently. Will be covered by 24 months warranty, regardless of whatever retailers claim.

Please stop propagating this urban myth. There is no "EU law" that has changed things. The article you point to is misleading. The Sale of Goods Act gives you rights that are completely independent of the warranty that the manufacturer provides, and there is no mandatory requirement in the UK for a manufacturer to provide a 2 year warranty (because the SOGA makes such a requirement unnecessary).

joeypesci

foxybabe wrote: »

I wonder whether any one could give me any advice on where i stand. Last christmas I bought an I pod classic for my ds. I paid £175 for it and it was literally one week out of guarantee when the wheel broke on it. My son took it into the apple shop in the new year as he was buying a new apple lap top and signing up for an i phone. They told him there was nothing they could do as it was out of guarantee and it was a common fault with the i pod :eek:. (i wish i had known that before!!). All they offered him was £100 repair or buy a new i pod.

I am thinking of e-mailing apple direct and asking if there is anything they can do. Has anyone had this problem and have they contacted apple and had any luck.

Many thanks in advance.

http://www.bbc.co.uk/blogs/theoneshow/consumer/2009/07/03/sale_of_goods_act_letter_downl.html

Sales of goods act states an item within the first 6 months has to be fit for purpose. After that time you have to prove it was an inherent fault at time of sale (which you were basically told by the Apple guy). According to the consumer law expert in this article, the 1 year warranty is with the manufacture but Tesco is liable for upto 6 years after the purchase date.

Basil1234

fwor wrote: »

Please stop propagating this urban myth. There is no "EU law" that has changed things. The article you point to is misleading. The Sale of Goods Act gives you rights that are completely independent of the warranty that the manufacturer provides, and there is no mandatory requirement in the UK for a manufacturer to provide a 2 year warranty (because the SOGA makes such a requirement unnecessary).

yes but you completely missed the point and that is we are part of europe now! and as such their laws our ares as well! the government has been done on a few things by the european high court unless your saying thats wrong as well!

A two-year guarantee
applies to the sale
of all consumer goods

everywhere in the EU.

The fact is that a twoyear

guarantee applies for the sale of
all consumer goods everywhere in

the EU (Directive 1999/44/EC).

The vast majority of purchases and
transactions in Europe take place with
no reason for complaint. However, if
you do have reason to complain, you
should be aware that the following
rights and responsibilities apply everywhere
in the EU:
• If the item you bought does not look
or function as it was advertised, or if

it is not satisfactory, you have the

right to have the item replaced or
to get your money back if the replacement
was not completed in a
reasonable time at no extra cost.
• If you buy goods that turn out to be

faulty, manufacturers must compensate

you for any personal injury or
damage caused to property.
• When you buy goods or services by

post, telephone, fax or through the

Internet from a professional trader,
you have the same rights in relation
to guarantees as if you had bought

them in a shop.

http://ec.europa.eu/publications/booklets/move/64/en.pdf

and as such we are covered!

Marty_J

Basil1234 wrote: »

yes but you completely missed the point and that is we are part of europe now! and as such their laws our ares as well! the government has been done on a few things by the european high court unless your saying thats wrong as well!

A two-year guarantee
applies to the sale
of all consumer goods

everywhere in the EU.

The fact is that a twoyear

guarantee applies for the sale of
all consumer goods everywhere in

the EU (Directive 1999/44/EC).

The vast majority of purchases and
transactions in Europe take place with
no reason for complaint. However, if
you do have reason to complain, you
should be aware that the following
rights and responsibilities apply everywhere
in the EU:
• If the item you bought does not look
or function as it was advertised, or if

it is not satisfactory, you have the

right to have the item replaced or
to get your money back if the replacement
was not completed in a
reasonable time at no extra cost.
• If you buy goods that turn out to be

faulty, manufacturers must compensate

you for any personal injury or
damage caused to property.
• When you buy goods or services by

post, telephone, fax or through the

Internet from a professional trader,
you have the same rights in relation
to guarantees as if you had bought

them in a shop.

http://ec.europa.eu/publications/booklets/move/64/en.pdf

and as such we are covered!

That has little to do with a manufacturer's warranty:

The Directive on Sale of Consumer Goods and Guarantees aims to harmonise those parts of consumer sale contract law that concern legal guarantees (warranties) and, to a lesser extent, commercial guarantees.

Its main element is that the seller has to guarantee the conformity of the goods with the contract for a period of two years after the delivery of the goods. Certain standards exist for assessing when conformity can be assumed and when not.

http://ec.europa.eu/consumers/cons_int/safe_shop/guarantees/index_en.htm

Article 3 of the Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees states:

Rights of the consumer

1. The seller shall be liable to the consumer for any lack of conformity which exists at the time the goods were delivered.