Entitled To Refund ?

DontWorryBeHappy

Hi

Hopefully somebody can help.

I bought my daughter an iPad for Christmas. In mid March it developed a fault and wouldn't work. On 2nd April I took it back to John Lewis, where I had bought it. They said they would send it off to see if it could be repaired. They have phoned me today to say that it can not be fixed and therefore it will be replaced.

Do I need to accept a replacement or am I entitled to a cash refund?

If so, what law should I quote to them to back up this right?

Thanks.

CoolHotCold

In a word, No.

Googlewhacker

DontWorryBeHappy wrote: »

Hi

Hopefully somebody can help.

I bought my daughter an iPad for Christmas. In mid March it developed a fault and wouldn't work. On 2nd April I took it back to John Lewis, where I had bought it. They said they would send it off to see if it could be repaired. They have phoned me today to say that it can not be fixed and therefore it will be replaced.

Do I need to accept a replacement or am I entitled to a cash refund?

If so, what law should I quote to them to back up this right?

Thanks.

No they can repair, replace or refund at their choosing...they have tried to repair but been unsuccessful and now are offering a replacement.

pulliptears

DontWorryBeHappy wrote: »

Hi

Hopefully somebody can help.

I bought my daughter an iPad for Christmas. In mid March it developed a fault and wouldn't work. On 2nd April I took it back to John Lewis, where I had bought it. They said they would send it off to see if it could be repaired. They have phoned me today to say that it can not be fixed and therefore it will be replaced.

Do I need to accept a replacement or am I entitled to a cash refund?

If so, what law should I quote to them to back up this right?

Thanks.

Too late now, but if you had taken it into Apple's genius bar they would probably have replaced it for you there and then. Apple are one of the few companies who its better to go directly to that where you purchased it from.

As for your main question, its John Lewis' discretion whether to repair, replace or refund I'm afraid.

DontWorryBeHappy

Many thanks for your responses but I do not understand how that ties up with what is written in the Consumer Rights part of this website. I will need to go out and find the exact words but something about SAD FARTS and Reasonable Time. I do not think that 3/4 months is a reasonable time for a £400+ iPad to work without fault, suggesting it was faulty when I purchased it and I thought the advice on here was that my contract is with John Lewis (the seller) rather than Apple (the maufacturer).

Sorry if I am being thick but why am I NOT entitled to ask for a cash refund if I was sold faulty goods?

Thanks.

halibut2209

From the mini-guide linked to at the top of the page

"If something's faulty - in other words it breaks the SAD FART rules - returning it speedily is crucial.

• Within four weeks: You can usually still get a full refund as you're unlikely to be seen as having 'accepted' the goods. After that only expect an exchange, repair or part refund.
• Within six months: The shop must prove the item wasn't faulty when the transaction took place. After that period you must prove it was."

pulliptears

Can I ask is this an iPad one? And if so, do you want the refund to replace it with an iPad 2?

DontWorryBeHappy

This is a quote from the website.............

Do you want a full refund?
While you may want a full refund you're not always entitled to it if they can fix the problem – having said that, sometimes it's just easier for them to pay up to have the problem solved.

In my case they have been unable to "fix the problem" suggesting that I should be entitled to a full refund.

halibut2209

Replacing IS fixing the problem

DontWorryBeHappy

halibut2209 wrote: »

From the mini-guide linked to at the top of the page


"If something's faulty - in other words it breaks the SAD FART rules - returning it speedily is crucial.

• Within four weeks: You can usually still get a full refund as you're unlikely to be seen as having 'accepted' the goods. After that only expect an exchange, repair or part refund.
• Within six months: The shop must prove the item wasn't faulty when the transaction took place. After that period you must prove it was."

I retrurned the goods within 2 weeks of them becoming faulty and within 6 months of the transaction taking place. I do not think it is reasonable to have the IPad develop a fault within the first 3.5 months of its life.

DontWorryBeHappy

pulliptears wrote: »

Can I ask is this an iPad one? And if so, do you want the refund to replace it with an iPad 2?

Hi Yes it is the iPad One and Yes I would be looking for a refund to purchase the IPad Two. Is that unreasonable?