iPod Has Died and It Ain't Looking Good...

superscaper

TetrisRock wrote: »

Unfortunately, the thing was bought from Apple.com. So I can't really go back into the branch or anything. Plus, wouldn't the sales of goods act mean getting legal?

How would I go about saying that I feel they're breaching the sales of goods act? I mean, i'd quite like them to send me a replacement iPod but I don't know how to go about saying that I should get it for free because they're breaching my customer rights.

And how would I go about doing that with a website?!

You don't actually have to get "legal" at this stage, you merely have to remind them of their legal obligations and why you feel it applies to you in this case. Whether it's a website or not they still fall under the law. With it being apple themselves it's not as if they're anonymous and can disappear, there will be phone and physical address details in case emailing gets you nowhere. You're not asking for anything "free" you're asking for your ipod to be repaired (they have the right to determine there's a fault in the first place and to try and fix it) or failing that to replace it and you do not expect to be charged for it.

TetrisRock

Thanks for clueing me up about this sort of thing. My dad has suggested that I go down the Citizens Advice Bureau and ask them for their opinion on if I have a case.

superscaper

Have you actually asked apple to repair it? There may not even be an issue if they're perfectly willing to do so. It would save a lot of hassle. I wouldn't even consider the small claims and CAB route unless I was getting a negative response but you haven't mentioned if you've even tried contacting Apple. You won't have any case at all if you don't first try and give Apple a chance to sort it out, and I'm sure that's what the CAB will say. I think you're getting ahead of yourself until Apple specifically deny your request. You don't want your first point of contact with Apple to be an all guns blazing legal letter.
Just two weeks ago I contacted Scan because my Logitech mouse had been acting unusually. They replied asking for it to be sent in. I posted it, they tested it and found the fault the next day. After about a week they sent me a replacement mouse (it was actually better, the MX revolution, compared to G7 I sent in because they no longer stocked G7). So all resolved pretty quickly and no need to even think about my "legal case". You've got to give the retailer a chance to make things right and only consider you legal options when things go wrong.

superscaper

Have you tried putting in your serial number here:
http://depot.info.apple.com/ipod/

superscaper

Contact details, it may be better phoning someone.
http://www.apple.com/uk/contact/

TetrisRock

I've tried the serial number thing... all it told me is that it's out of warranty.

Apple state of their website that all repairs excluding battery (which is about £10 more) on the 5G iPod Video are £116 for people outside the warranty of one year and without having paid for the Applecare protection plan for an additional years cover (that costs about an extra £50)

I don't want to phone them as i'll basically either get a helpline or some call centre bod telling me I have no case.

superscaper

TetrisRock wrote: »

I don't to phone them as i'll basically either get a helpline or some call centre bod telling me I have no case.

But you should at least try, until you actually phone you won't know will you? The sale of goods act is for both parties and you have to give them the first chance in agreeing to repair. I don't think a small claims court case would go very far if you can't provide evidence of giving Apple a fair chance to fix it. If it's a negative response then so be it and you can go to small claims from there.

If you're not willing to even try to give Apple a chance to fix it how will they even know about your situation? I think any advice you get from the CAB or anywhere else will all tell you to contact the retailer. You can't go straight from no contact to small claims procedure. If you don't try then I'm afraid the law won't be on your side in this case as you aren't being fair to the retailer.

superscaper

Thinking about it, if like Browntoa suggests it is merely the battery, Apple may even walk you through fixing it yourself, no aggro from court cases or returning it. Although this is about consumer rights it's also about not making things overly complicated for yourself. Also in order to prove to a magistrate there is an inherent fault you should also be contacting Apple to allow them to find and determine the fault as well. Fairness goes both ways.

TetrisRock

It's not the battery. If it was the battery then the backlight wouldn't be turning on.

I will go about contacting them, but i'm not merely going to say that I need my iPod repaired because their reply will simply be "Fine then, that'll be £116" because that is what the website says about repairs. My reason for contacting them would be that I feel that their policy of charging £116 for repair is unfair and that I feel my product breaking is a violation of the Sales of Goods Act.

I understand what you said about contacting them and seeing if they're willing to repair it, but there is no chance they'll do it for free unless I bring up their violation.

Plus, i'd rather send them a pleasant letter bringing up their violation than sending them one saying my iPod needs repairs, only for them to tell me how much it costs, and then me replying and getting all legal on them.

superscaper

TetrisRock wrote: »

It's not the battery. If it was the battery then the backlight wouldn't be turning on.

I will go about contacting them, but i'm not merely going to say that I need my iPod repaired because their reply will simply be "Fine then, that'll be £116" because that is what the website says about repairs. My reason for contacting them would be that I feel that their policy of charging £116 for repair is unfair and that I feel my product breaking is a violation of the Sales of Goods Act.

I understand what you said about contacting them and seeing if they're willing to repair it, but there is no chance they'll do it for free unless I bring up their violation.

Plus, i'd rather send them a pleasant letter bringing up their violation than sending them one saying my iPod needs repairs, only for them to tell me how much it costs, and then me replying and getting all legal on them.

That certainly is a good point, you want to make it crystal clear that you expect not to be charged for repair under the sale of goods act. I believe Apple have a very poor history in sticking to the Act but so long as you've stated what you want to happen (inluding that there should be no charge) and Apple's response to your request, then you should be forearmed if it needs to go to court.