Faulty Ipod Classic and EU rights

gillybean129

My daughter's ipod classic only works in one headphone, different headphones tried and it works fine on speaker system. It's now 17 months old purchased from Amazon for £177.

This was to replace an ipod touch as the battery never lasted longer than 30 minutes and that was to replace another ipod too so this was purchased as an investment in bigger memory and hopefully long term use.

Took it to the apple shop via appointment only they said they don't repair them as it has a faulty audio jack, they were willing to let her buy another like for like at £79 and said if we had bought from their shop they would replace but as we bought from Amazon they won't. The assistant said under EU law they should replace but to check Amazon's T & C's, I can't see that anywhere only about manufacturers policies after 30 days (ie apple) anyone have any ideas please what my right are here?

tomtontom

UK law is more generous than EU law - your rights are under SOGA and against the retailer. Have you contacted Amazon to see what they say?

bod1467

EU law is irrelevant. It is superseded by the Sale of Goods Act. (i.e. the requirements under EU law are contained, and enhanced, by SOGA).

http://sogahub.tradingstandards.gov.uk/sogaexplained

The purchaser's rights are against the retailer - Amazon in this case.

As it is more than 6 months since purchase then they could insist you get an independent report that shows the fault that has developed was inherent. (Present but no apparent at the time of sale; in other words NOT caused by the consumer. If the report found in your favour then the cost of the report would be reimbursable from the retailer).

The purchaser's rights (under SOGA, where a fault is accepted as being inherent) are to a remedy. Such remedy may be repair, replacement or refund - effectively the retailer's choice. Any refund can be reduced to account for usage of the goods. After 17 months you'd likely get back at best 60% of the purchase price.

gillybean129

Hmmm, thanks for the prompt responses, I have contacted Amazon for their response. I definitely don't have any faith in Apple products after this. I should have course bought it direct from there but trying to save a bit of money at Christmas obviously Amazon was cheaper. Won't be doing that again for high value purchases!
I did buy on credit card, does this make a difference at all>

bod1467

gillybean129 wrote: »

I did buy on credit card, does this make a difference at all>

Only if the retailer refuses to abide by their statutory obligations. In such a case then you can use Section 75 of the Consumer Credit Act. But in this case you'd almost certainly need to get a report.

OlliesDad

bod1467 wrote: »

Only if the retailer refuses to abide by their statutory obligations. In such a case then you can use Section 75 of the Consumer Credit Act. But in this case you'd almost certainly need to get a report.

Technically there is no need to involve Amazon at all, the OP could go direct to the credit card company. That said, it does make sense to try Amazon first.. they may offer to help.

bod1467

True. But the CC company will likely ask if the retailer has been contacted, and if not why not. And will thus be reticent to cooperate (even though they are legally obliged to do so).

It can be hard enough to get CC companies to accept their S75 obligations without giving them any obvious leeway to prevaricate.

gillybean129

This is Amazon's response:

Amazon.co.uk
Your Account Amazon.co.uk
Message From Customer Service
Hello Gillian,

I’m sorry to hear that you've had a problem with your "Apple iPod classic 160GB - Black - 6th Generation (Latest Model)".

I understand that you'd like to have a replacement for this item.

Please be advised that all electronic items purchased from Amazon.co.uk come with a one year warranty from the manufacturer, unless otherwise stated.

We currently don't offer an extended warranty on the electronics items sold on our website. If the details on the Product Description page state that the item has a warranty greater than 12 months, then this warranty is with the manufacturer and not Amazon.co.uk.

If you believe you are eligible under this warranty you'll need to contact the manufacturer directly.

I've included the contact information for the manufacturer Apple below:

http://www.apple.com/uk/support/ipod/

Help line phone number:0844 209 0611

What should I do now? This is from the Apple website about eu law
http://www.apple.com/uk/legal/statutory-warranty/

unholyangel

Amazon contracts are (if memory recalls) governed under the laws of luxembourg, not the UK.

gillybean129

unholyangel wrote: »

Amazon contracts are (if memory recalls) governed under the laws of luxembourg, not the UK.

so wouldn't it still come under EU law?

unholyangel

gillybean129 wrote: »

so wouldn't it still come under EU law?

It comes under luxembourg law - which is part of the EU however they will have their own version of the SoGA/DSRs etc. They may be identical to the rights you have under UK law or they may not.

The reason i'm being so cagey in my explanation is due to EU directives being misinterpreted to mean something they dont (secret EU 2 year law/rule case and point).