iPad 3 (3rd generation) WIFI + 4G

lxworld

On May 6th 2012 I bought a black 32gb iPad 3 (3rd generation) WIFI + 4G model from Apple Authorised Reseller Western Computer in Oxford.

At the time 4G wasn't available in the UK and only on May 30th 2013 did it become available in Oxford (even now it's said to be patchy)

In May 2013, by chance I came across some online articles, including one where the BBC's Rory Cellan-Jones explains why the new iPad (3rd gen) WIFI + 4G's built in antenna will never work with the UK 4G networks.

On this revelation, I noticed both my iPad box and receipt both say WIFI + 4G after a wealth of emails, Western Computer in Oxford who are flatly refusing to exchange my iPad for a 4G compatible one

In a reply to a traditional letter I sent requesting a replacement, Regional Stores Manager Davey Doobie stated on 6th June 2013:

As I have stated in the past, we are unable to offer you a refund or exchange on the basis that you have been misled. Our receipts simply state the model name of a any given product.

The reason for Apple using the term "4G' in the product description is below.

Though LTE is not technically a 4G mobile standard, it is described as 4G by many of the networks that offer it. Because of that, Apple described its new iPad as "4G".

Our staff had training that covered this fact prior to selling the iPad that you purchased. It was of utmost importance to us that customers understood that there was no available "4G" network in the UK at that time. I am confident that x would have discussed this with you at the time of sale as
we ensure our staff have product knowledge that is second to none and the skills to deliver that knowledge thoroughly.

I responded on 10th June:

Mr Doobie,

Under the Sales of Goods Act 1979 states goods must be “as described”.

The iPad that you sold me on 6th May 2012 was not a 4G model for use in the UK as described on both your till receipt and the box therefore Western Computer are in breach of the Sale of Goods Act 1979 and it is your legal responsibility as the retailer that sold me the item to replace the item whether or not you believe that your salesman told me it may not work in the UK.

Please replace my item.

wealdroam

They do not need to replace your item.

If you think otherwise, you will need to point out exactly where in SoGA it says so.

The seller has advised you that it was explained to you at the point of sale just whet '4G' meant in this context.

MamaMoo_2

wealdroam wrote: »

They do not need to replace your item.

If you think otherwise, you will need to point out exactly where in SoGA it says so.

The seller has advised you that it was explained to you at the point of sale just whet '4G' meant in this context.

Can the seller prove this?

However, LTE is often referred to as 4G LTE, and is classed as a 4tg Gen technology, although it is not 4G in the sense of "true" 4G or by the definition of 4G by the 3GPP, so it's quite a confusing one really.

Most people hearing 4G would assume "true" 4G, such as what the EE network offers, however as LTE is classified as a 4G technology, albeit non-standard and not "true", there is some ambiguity when using it as a descriptive term during marketing.

OP what, if anything, does the instruction manual say with regards to capabilities? If it's made clear on any documentation received with the iPad that 4G means LTE, or that it doesn't have "true" 4G capabilities, then I think you'll have trouble getting anywhere this long after purchase.


ETA: However, IIRC, there was a huge kerfuffle after the iPad 3 release as I'm sure it was discovered that the LTE capabilities would never work anywhere other than the US anyway? I seem to remember Apple pulling all the marketing re: LTE shortly after release


ETA again! Here we go, advertising was changed after an ASA ruling in May 2012...
http://m.guardian.co.uk/technology/2012/may/15/apple-drops-4g-new-ipad-uk

lxworld

US and Canada.

The model did not go down well in Australia - a judge fined Apple $2.25m for misleading iPad 4g advertising. As for the UK...

bod1467

I thought the "4G" offered by EE was LTE, and that Apple devices were compatible? (I'm pretty sure one of my colleagues has an Iphone 5 on EE that uses LTE - I'm sure I've seen one of his Speedtest.net tests on his phone with speeds similar to BT Infinity 1).

Cycrow

bod1467 wrote: »

I thought the "4G" offered by EE was LTE, and that Apple devices were compatible? (I'm pretty sure one of my colleagues has an Iphone 5 on EE that uses LTE - I'm sure I've seen one of his Speedtest.net tests on his phone with speeds similar to BT Infinity 1).

Yes it is. They should work fine on the EE network, but they wont work on any other 4G network (when they become available)

bod1467

Cycrow wrote: »

Yes it is. They should work fine on the EE network, but they wont work on any other 4G network (when they become available)

That's what I thought. And I thought it was pretty widely reported as such as well.

lxworld

The sticker on the box (the small print) states "LTE 700/2100MHZ".

According to Apple's website it will not work: apple dot com /ipad/LTE

This web page was not available at the time of purchase.

pinkshoes

Our staff had training that covered this fact prior to selling the iPad that you purchased. It was of utmost importance to us that customers understood that there was no available "4G" network in the UK at that time. I am confident that x would have discussed this with you at the time of sale as
we ensure our staff have product knowledge that is second to none and the skills to deliver that knowledge thoroughly.

I've highlighted a bit of his response in bold which I think is the key here. He's stating that the staff told you that there would be no 4G available at that time, i.e. there would be LATER (30th May...), which is totally different from having been sold a device that won't work on 4G at all.

Therefore they have sold you something not fit for purpose.

dalesrider

pinkshoes wrote: »

He's stating that the staff told you that there would be no 4G available at that time, i.e. there would be LATER (30th May...), which is totally different from having been sold a device that won't work on 4G at all.

4G arrived in the UK on 30 October 2012.

Will the 4G iPad work in the UK?

Unfortunately not: whilst you can buy a 4G iPad in the UK (called WiFi+Cellular), its 4G radio works on the 700MHz and 2100MHz frequency bands, not the 1800MHz band that EE are using, nor the 800MHz or 2.6GHz bands that are due to arrive in 2013.

info
By Russell Jefferies December 20th 2012

lxworld

dalesrider wrote: »

4G arrived in the UK on 30 October 2012.

What has that got to do with the price of onions? Did Western Computer warn me it wasn't fit for purpose on this realisation that it wouldn't work in the UK and therefore wasn't fit for purpose?