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Misdescribed item bought from Amazon

I'm not sure if this should be in consumer rights or not.
I bought an iPod touch just over a year ago and only found out when I went to upgrade the Apple software that I had a 2nd Generation instead of a 3rd Generation. Has anyone else had similar issues and what response did they get from the seller when a complaint was made? Here is the email I sent to Amazon.....
I bought an Ipod touch 03/07/2010 (order number xxxxxx ) which was described as "Apple iPod touch 8GB Latest version (Launched Sept 2009)"
I assumed this was a 3rd generation but only found out when I tried to upgrade the apple software that is a 2nd generation. According to Apple suppot site the version launched in Sept 2009 should be a 3rd generation but in the capacity column it states that a 3rd generation was only maufactured in 32 or 64 Gb. Looking at the 2nd generation model it's launch date was Sept 2008. It looks to me that the description was incorrect to fool me into thinking I was buying a 3rd generation iPod and not a 2nd generation one. I think I has been completly mislead by this desciption and I want to know what Amazon are going to do about it.
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Comments

  • Helix
    Helix Posts: 2,381 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    stevey396 wrote: »
    I'm not sure if this should be in consumer rights or not.
    I bought an iPod touch just over a year ago and only found out when I went to upgrade the Apple software that I had a 2nd Generation instead of a 3rd Generation. Has anyone else had similar issues and what response did they get from the seller when a complaint was made? Here is the email I sent to Amazon.....
    I bought an Ipod touch 03/07/2010 (order number xxxxxx ) which was described as "Apple iPod touch 8GB Latest version (Launched Sept 2009)"
    I assumed this was a 3rd generation but only found out when I tried to upgrade the apple software that is a 2nd generation. According to Apple suppot site the version launched in Sept 2009 should be a 3rd generation but in the capacity column it states that a 3rd generation was only maufactured in 32 or 64 Gb. Looking at the 2nd generation model it's launch date was Sept 2008. It looks to me that the description was incorrect to fool me into thinking I was buying a 3rd generation iPod and not a 2nd generation one. I think I has been completly mislead by this desciption and I want to know what Amazon are going to do about it.

    There was no 3rd Generation iPod Touch in 8GB, Apple released the same 2nd Gen iPod Touch again in Sept 2009 with latest iOS software at the time.

    Therefore Amazon have described it correctly as pre 2009 2nd Gens would have come with the older software.
  • stevey396
    stevey396 Posts: 7 Forumite
    edited 9 July 2011 at 11:12AM
    The most misleading was that it was described as "latest" model. As far as I was concerned I was buying an iPod Touch latest model. Which at that time was a 3rd generation.
  • unfortunatly you made an assumption and it was wrong, they never stated 3rd generation and a 3rd gen 8gb was never made.
    and as mentioned by Helix the 2nd gen was re-released in sept 2009 with updated software so technically the description was correct (although obviously a little confusing).

    like the old saying goes 'never assume or you make an a s s of u and me'
  • Helix
    Helix Posts: 2,381 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    stevey396 wrote: »
    The most misleading was that it was described as "latest" model. As far as I was concerned I was buying an iPod Touch latest model. Which at that time was a 3rd generation.

    You were buying the latest model as there was no 8GB iPod Touch 3rd Gen. I don't know how that is so hard to understand. If you had purchased a 32GB one and got 2nd Gen then I would understand it but what they gave you was the latest 8GB model at the time.
  • stevey396
    stevey396 Posts: 7 Forumite
    Ok, so how was I to know there was no 8gb 3rd generation produced?
  • Sooler
    Sooler Posts: 3,113 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Was the 8gb 2nd gen version launched in Sept 2009?

    If not, Amazon are wrong, OP is right.
  • Sooler
    Sooler Posts: 3,113 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    they never stated 3rd generation and a 3rd gen

    by implication they did. They never stated it was 2nd generation. Latest version as of Sept 2009 - which was version 3. Amazon claimed it was an 8gb 3rd generation. Perhaps Amazon ought to be specific - they left themselves open to misleading customers.
  • stevey396
    stevey396 Posts: 7 Forumite
    Ipod touch 2nd Gen - released 2008-09 (from the Apple website)
    Ipod touch 3rd Gen - released 2009-09 (from the Apple website)

    I bought our one in July 2010.
  • Helix
    Helix Posts: 2,381 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Sooler wrote: »
    Was the 8gb 2nd gen version launched in Sept 2009?

    If not, Amazon are wrong, OP is right.

    It was relaunched in 2009 with different packaging and iOS 3 pre-installed.

    Before Sept 2009 they came with iPhone OS 2 installed.
  • TadleyBaggie
    TadleyBaggie Posts: 6,699 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    stevey396 wrote: »
    Ipod touch 2nd Gen - released 2008-09 (from the Apple website)
    Ipod touch 3rd Gen - released 2009-09 (from the Apple website)

    I bought our one in July 2010.

    From Wikipedia:

    Apple's published technical specifications for the 3rd generation iPod touch only include references to the 32 GB and 64 GB models.

    Following the introduction of the 3rd generation iPod touch, Apple also continued offering the 2nd generation 8 GB version, upgraded to the same iPhone OS version as the new 3rd generation devices.

    So there was no 3rd generation 8GB model, as you have been told a few times.
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