iPad 2 Cracked Screen Normal Use

LaughingMan

Hello everyone,

I am a regular visitor to these forums for finding advice to problems however in regards to my latest problem I need help clarifying some points and hence why I have made an account.

Firstly as suggested by the forum sticky:

What did you buy?
iPad 2 64Gb

When did you buy it?
26-10-2011

Where from? (internet or in store - it DOES make a difference)
In Store, Western Computers (Apple Premium Reseller)

How did you pay? (cash/cheque/debit card/credit card etc)
Credit Card

What went wrong?
A single crack appeared on the screen under my finger as I was playing on an application.

What are the vendors telling you?
As it is a physical fault I must travel to an official Apple store in Bristol where they shall assess my options. Also because they do not stock the iPad 2 in my local store anymore they would be unable to offer a replacement should the Apple tech team justify one.

What solution or remedy are you looking for? (Companies may Repair / Refund / Replace)
Refund > Replace > Repair

Basically I have been using the guidance of which magazine on the rights to refund (reject), replace, or repair a faulty good from there website, but could use the extra assistance of personally tailored advice.

The cost of the iPad was £559 (inc. VAT) which I considered to be a reasonably expensive purchase and therefore would expect the screen not to crack under regular finger pressure so soon into its lifecycle; whilst I appriciate that a crack could have been caused by a drop, the lack of any scuffing, scratch, or fracture damage anywhere else on the iPad goes someway to supporting my claim.

If it is accepted that the crack has occurred under reasonable use am I entitled to a full refund because it should be expected to last longer. Quote from which: "If you want to return a product and get your money back, under the Sale of Goods Act you have the right to 'reject' an item that is not of 'satisfactory quality'.
As soon as you've noticed, you should note the retailer. You only have a limited time – usually only a few weeks – to reject something. Many retailers will offer a replacement, repair or refund without question, especially if the item is relatively new."

Sorry it is a lenghty post, thank you for taking the time to read so far I most appreciate it.

Kind Regards.

brettcta

you must have been really pressing hard on the screen to break it

Chimpofdoom

First port of call..

http://www.apple.com/uk/retail/geniusbar/

Book an appointment at your nearest apple store...

Or phone them.....

Apple's customer service is second to none, they'll sort this out in a jiffy, especially as it's under warranty.
(although saying that, they swapped out my old refurbished 3gs for another refurbished 3gs for the low price of £55.. my OH was happy enough with this deal... since the phone was 2 years old!)

you must have been really pressing hard on the screen to break it

Indeed, more strength than the mighty thor! :rotfl:

Humphrey10

I don't believe it's possible to break an iPad screen without trying, just using your fingers. I'd be very surprised if it was possible even if you were trying.

Book a Genius bar appointment at an Apple store, and see what they say. Be nice to them, be polite, and you'll get a better result.
Just remember they have no obligation towards you at all, you did not buy the iPad from them, and in any case there was no intrinsic fault, you broke it.

arcon5

If it is accepted that the crack has occurred under reasonable use am I entitled to a full refund because it should be expected to last longer. Quote from which: "If you want to return a product and get your money back, under the Sale of Goods Act you have the right to 'reject' an item that is not of 'satisfactory quality'.
As soon as you've noticed, you should note the retailer. You only have a limited time – usually only a few weeks – to reject something. Many retailers will offer a replacement, repair or refund without question, especially if the item is relatively new."

The important bit about that extract is "you only have a limited time" to reject it and receive a full refund. After this you are only entitled to a remedy (refund, repair or replacement.

So you are not necessarily entitled to a refund, they are within their rights to offer a more cost effective remedy - with minimal inconvenience to you.

You are still within the first 6 months, so the burden of proof lies with them to prove the fault was caused by misuse. Because you are approaching that 6 month point, get your complaint sent in durable form so you have prove the fault was reported within 6 months.

I'd expect them to send it off for inspection. I wouldn't expect to have to travel to Apple at my expense to do this.

LaughingMan

Thanks for the speedy responses.

I can assure you I wasn't pressing hard at all which is why I believe it to be faulty, however I know if I heard that over the internet I would be sceptical as well.

I'll book an appointment at a genius bar and see what their opinion is.

Whilst I agree that the advice from the genius bar would be second to none, the point raised about the official Apple Store not being obliged to me surely directs the obligation to the Premium Reseller. So hypothetically speaking if Apple agree with me then the Reseller is obliged to Refund, Replace, or Repair am I correct?

[EDIT]: That was one point I was unsure of arcon5, I wasn't sure if the wording means reasonable time from purchase (also made dubious by the time frame depending on the cost of the item), or reasonable amount of time from development of fault.

Chimpofdoom

arcon5 wrote: »

I'd expect them to send it off for inspection. I wouldn't expect to have to travel to Apple at my expense to do this.

IIRC if he phones apple, they can arrange for the device to be picked up (IIRC of course!)

LaughingMan wrote: »

Whilst I agree that the advice from the genius bar would be second to none, the point raised about the official Apple Store not being obliged to me surely directs the obligation to the Premium Reseller. So hypothetically speaking if Apple agree with me then the Reseller is obliged to Refund, Replace, or Repair am I correct?

Well if Apple agree that it was faulty, they'll replace it/repair it there and then (so back up your ipad before you go).

If they decide that it wasn't a fault, they'll prob say tough luck, which would then push you back onto getting a refund from the reseller, as it's within 6 months (j20 days to go until that lapses!) they'll need to prove you caused it.

So advice, get to Apple within a couple of days, they'll decide there and then what they will do.

If Apple decides it's not a warrantable fix, notify the reseller you bought it from ASAP

LaughingMan

Chimpofdoom wrote: »

Well if Apple agree that it was faulty, they'll replace it/repair it there and then (so back up your ipad before you go).

If they decide that it wasn't a fault, they'll prob say tough luck, which would then push you back onto getting a refund from the reseller, as it's within 6 months (j20 days to go until that lapses!) they'll need to prove you caused it.

So advice, get to Apple within a couple of days, they'll decide there and then what they will do.

If Apple decides it's not a warrantable fix, notify the reseller you bought it from ASAP

Thank you,

As time is short before the 6 month cut of point, could you point me in the right direction of a template letter (I assume I should notify the retailer via a physical letter), or advise on what points to include. Also would it be better to hand deliver it or mail it?

Chimpofdoom

LaughingMan wrote: »

Thank you,

As time is short before the 6 month cut of point, could you point me in the right direction of a template letter (I assume I should notify the retailer via a physical letter), or advise on what points to include. Also would it be better to hand deliver it or mail it?

Well last time I had a problem with a retailer, I went into the store and kicked up a fuss before letters got involved.

but the BBC have one here (haven't checked it)

LaughingMan

Thank you everyone for all your help.

I have currently drafted a letter to the head office of the retialler politely explaining my situation and incorporating the template on the BBC site. I will send this off straight away via recorded delivery just to be on the safe side.

Mean while, whilst I wait for a response I shall book an appointment at a genius bar to get Apple's official opinion on the matter.

I'll also update this thread should anyone be interested in the result of said actions.

Once again thank you for all your help.

LaughingMan

I said I would update this thread to allow others to see the out come especially if it will help them in similar situations so:

As I mentioned before I sent a letter to the retailers HQ via recorded delivery. It was read today and I received a phone call explaining that whilst they instruct their stores to not send iPads off to their engineers under normal circumstances, as I bought the product from them it is appropriate that they send it off to their own engineers.

So I am to return to the store where they will send the iPad to their engineers free of charge and if the damage is limited to the hairline crack and shows no other bumps, scratches etc then it shouldn't be too hard to solve. They didn't explain what solve means at the moment, probably depends upon their verdict.