Quick questions on Consumer Rights

<sebb>

Hi all. Quick question, my Apple Watch stopped working after 3 months. I took it back to the store and requested a replacement but was told I had to accept a repair attempt first. Is this right? I don't see why I should have to be without the watch for a couple of weeks when it's only 3 months old but if that's my rights then so be it. A refund was also refused but I expected that.

Just to add, it stopped working after overheating and burning my wrist so they said it's a health and safety issue, otherwise I could have had a replacement on the spot.

Getting to the store is quite an inconvenience and i had to wait 4 hours to be seen (with associated stupidly high parking costs) so I'd rather have not had to go back. I'll now have to go back to pick it up as they wont send it back to me and I won't be able to get back to the store for weeks now (and it will take 2 weeks to repair anyway)

marliepanda

<sebb> wrote: »

Hi all. Quick question, my Apple Watch stopped working after 3 months. I took it back to the store and requested a replacement but was told I had to accept a repair attempt first. Is this right? I don't see why I should have to be without the watch for a couple of weeks when it's only 3 months old but if that's my rights then so be it. A refund was also refused but I expected that.

Just to add, it stopped working after overheating and burning my wrist so they said it's a health and safety issue, otherwise I could have had a replacement on the spot.

Getting to the store is quite an inconvenience and i had to wait 4 hours to be seen (with associated stupidly high parking costs) so I'd rather have not had to go back. I'll now have to go back to pick it up as they wont send it back to me and I won't be able to get back to the store for weeks now (and it will take 2 weeks to repair anyway)

Who did you buy it from? If not from Apple then legally Apple don't have to do anything under The consumer rights act.

Yes they are entitled to repair it. If you took it to the store then they're entitled to return it to the store.

<sebb>

marliepanda wrote: »

Who did you buy it from? If not from Apple then legally Apple don't have to do anything under The consumer rights act.

Yes they are entitled to repair it. If you took it to the store then they're entitled to return it to the store.

I bought it from Apple, from the store I returned it to.

I guess I was mistaken, I thought I'd read that I could choose a replacement rather than a repair.

marliepanda

<sebb> wrote: »

I bought it from Apple, from the store I returned it to.

I guess I was mistaken, I thought I'd read that I could choose a replacement rather than a repair.

No, you can request, but you cannot demand. They have one opportunity to repair it, if that does not work then you can then ask for a replacement or a refund.

If you bought it from the store then that is where they can ask you to return/pick up from. You can ask them for a goodwill gesture of parking costs/petrol, but as you have clearly made other trips to that store before its difficult to argue the inconvenience of going. Could you have called in advance to get a 'genius bar' appointment (I dont know how they work)

wealdroam

<sebb> wrote: »

I bought it from Apple, from the store I returned it to.

I guess I was mistaken, I thought I'd read that I could choose a replacement rather than a repair.

Yes, you can choose the remedy, but there is another line that says:

(3)The consumer cannot require the trader to repair or replace the goods if that remedy (the repair or the replacement)—

(a)is impossible, or

(b)is disproportionate compared to the other of those remedies.

Section 23 of The Consumer Rights Act.

<sebb>

marliepanda wrote: »

No, you can request, but you cannot demand. They have one opportunity to repair it, if that does not work then you can then ask for a replacement or a refund.

If you bought it from the store then that is where they can ask you to return/pick up from. You can ask them for a goodwill gesture of parking costs/petrol, but as you have clearly made other trips to that store before its difficult to argue the inconvenience of going. Could you have called in advance to get a 'genius bar' appointment (I dont know how they work)

Next available Genius Bar appointment was a week away and the next one I could actually make was three weeks away.

marliepanda

<sebb> wrote: »

Next available Genius Bar appointment was a week away and the next one I could actually make was three weeks away.

That's fine. But it's about mitigating you losses so paying for parking for four hours may not have been necessary etc. See how it goes, you can always ask but they don't have to provide

RosiPossum

Bought a child car seat that has 14 days to return in original packaging for refund.
Had to cut the tag to try baby in it, and I didn't get the car until after the 14 days.
I'm within 30 days and it doesn't fit the car (manufacturer site says it should) and it's incredibly cramped for my (very small) 1.5yo. It won't fit her until the weight limit.
Can I reject under soga due to not fit for purpose?
Thanks

marliepanda

Should is very non commital. If the manufacturer says it will fit your car then it's not fit for purpose. What does it actually say?

Again it not fitting your child doesn't necessarily mean it's not fit for purpose (same was as some size 12 dresses don't fit me... But that's another story)

RosiPossum

marliepanda wrote: »

Should is very non commital. If the manufacturer says it will fit your car then it's not fit for purpose. What does it actually say?

Again it not fitting your child doesn't necessarily mean it's not fit for purpose (same was as some size 12 dresses don't fit me... But that's another story)

Thank you.
It should do her until 18kg and she's not even 10kg yet, so it's quite a big difference!