dead 3 year old iPad rights

LaurenceDodds

I have a 3 year old iPad 3 64 Cellular that will not boot. I have tried everything. Even though it is 3 years old I understand I have Consumer rights (Must be fit for purpose).

So can I go back to Apple and demand a repair or replacement?
I have not damaged it and it is as new.

The downside. I do not have a receipt for it as it is 3 years old

Someone please advise

shaun_from_Africa

LaurenceDodds wrote: »

So can I go back to Apple and demand a repair or replacement?
I have not damaged it and it is as new.

Demanding a repair or replacement is only likely to get your letter or e-mail put into the nearest rubbish bin.
You can ask, but "demanding" is only likely to alienate the seller or Apple.


Who did you buy the ipad from? as it is the retailer that you have to approach.
After more than 6 months from purchase, the onus is on the consumer to prove that any fault is due to a manufacturing defect and not down to misuse by the user and if the retailer asks for this, you will probably need a report from an independent source.


If it is determined that the fault was inherent (present since manufacture but only just apparent), the retailer has the choice of repair, replacement or refund and the refund can be a percentage of the original price to take into account the 3 years use you have had from the unit.


One important point is that when asking the retailer for a remedy, they will want to see some form of proof of purchase.

frugal_mike

Any rights you do have are against the retailer you bought it from. If the iPad has an inherent fault (as opposed to fair wear and tear, accidental damage or misuse) then the retailer must repair, replace or refund you. If they opt for a refund it can be partial to account for usage. You can specify a preference, but can't force them into a remedy that is impossible or disproportionately costly.

Also the retailer can insist that you prove the fault is inherent because it is more than 6 months since purchase. If they do that (and after 3 years that is a strong possibility) you will need to get an independent report proving the fault is inherent.

You will also need proof of purchase of some sort. It doesn't have to be a receipt, a bank statement will do.

After 3 years though you may not get much money back.

Caz3121

After 6 months you need to prove that the fault is inherent, this will likely involve an technicians report

Money-Saving-King

LaurenceDodds wrote: »

I understand I have Consumer rights (Must be fit for purpose).

That means does it do what it was meant to do from the offset, not does it still work years later.

LaurenceDodds wrote: »

demand a repair or replacement?

Just remember the saying "you can catch more flies with honey than you can with vinegar". Going in demanding things will just go wrong

LaurenceDodds

I do not have a receipt for it as it was won in a charity competition. That said, Apple is a little different than most other retailers, in that iPads are only made by Apple. The iPad is in A1 condition and I would not authorise an outside business to open the iPad as the only way to access it is to remove the screen, thereby voiding any claim.

There is no sign of physical damage, it will not start but has an error message that cannot be fixed. Correct me if I am wrong, but if the iPad (only made by Apple) was manufactured 3 years ago, and there is no obvious sign of foul play, regardless of a receipt (because no other manufacturer, in other words, it IS theirs) surely a receipt is meaningless. Surely I must have a case?

frugal_mike

LaurenceDodds wrote: »

I do not have a receipt for it as it was won in a charity competition.

...

Correct me if I am wrong, but if the iPad (only made by Apple) was manufactured 3 years ago, and there is no obvious sign of foul play, regardless of a receipt (because no other manufacturer, in other words, it IS theirs) surely a receipt is meaningless. Surely I must have a case?

No, you definitely have no claim now because you have no contract. Consumer rights are contractual (they are implied into the contract of sale), and only apply to the consumer that entered into the contract. Apple owe you nothing because you never bought the iPad from them.

Hintza

LaurenceDodds wrote: »

Surely I must have a case?

No

Legally you are on to plums (no proof of purchase).

Your only hope might be goodwill but I doubt you will get that.

lovinituk

LaurenceDodds wrote: »

I would not authorise an outside business to open the iPad as the only way to access it is to remove the screen, thereby voiding any claim.

What claim?

sinizterguy

You have the right to feel sorry for yourself and/or your iPad and move on with your life.

SuperHan

Apple are generally good with goodwill offers.

They may offer you a new iPad at a discounted price. This will likely be equivalent to an offer of a partial refund (i.e. you would pay the same price for a new iPad if you had put the partial refund toward a new one), and so may be your best bet.


Legally, you're entitled to nothing. As the iPad was free to you, any rights would be with the original purchaser. And you don't have a report saying it's an inherent fault. And you don't have proof of purchase.


And your argument that only Apple make iPads is invalid. Only Samsung make Samsung tablets, only Sony make Sony TVs. That doesn't make any difference. The rights are with the RETAILER.


Take any goodwill they offer gratefully.