Consumer Rights Act Questions

LuckyPenny

I bought an iPad for my daughter for Christmas and purposely bought a case to protect it. The case broke in a matter of days and the iPad slipped put of the case. Now, I think that I can claim a full refund for the case under the Act, but can I claim for a replacement iPad under the Act?


I have been told by the Company's customer service department that I have to write to their legal department as they cannot decide whether the iPad is covered.


Is there anything I should be saying to help my case?

Fosterdog

How long ago did the iPad break? Was it the same time as the case?

What caused the case to break? What caused the case to break (defect or dropped etc.)?

Where did you buy the case?

LuckyPenny

High street retailer
It came out the case on Boxing Day. Given as a gift on Christmas day.
It was dropped from about 2 foot but it came out of the case because the plastic bits that are meant to keep it in didn't do their job and were broken
Thanks for answering Foxdog

marliepanda

LuckyPenny wrote: »

High street retailer
It came out the case on Boxing Day. Given as a gift on Christmas day.
It was dropped from about 2 foot but it came out of the case because the plastic bits that are meant to keep it in didn't do their job and were broken
Thanks for answering Foxdog

Why were the plastic bits broken? Did they fail or were they broken by someone?

AJXX

marliepanda wrote: »

Why were the plastic bits broken? Did they fail or were they broken by someone?

This is probably the key question here, as by the sounds of it the iPad wasn't adequately secured in the case in the first place. If this is the case then I can't see the retailer offering to cover the cost of the iPad, as really if OP knew it wasn't secured properly, then they should not have been using it to protect the iPad at all.

Blackbeard_of_Perranporth

LuckyPenny wrote: »

I bought an iPad for my daughter for Christmas and purposely bought a case to protect it. The case broke in a matter of days and the iPad slipped put of the case. Now, I think that I can claim a full refund for the case under the Act, but can I claim for a replacement iPad under the Act?


I have been told by the Company's customer service department that I have to write to their legal department as they cannot decide whether the iPad is covered.


Is there anything I should be saying to help my case?

I am writing this on my iPad version 1.
Was the case bought at the same time as the iPad?
Otherwise
House Insurance, Accidental Damage.

LuckyPenny

The plastic bits failed. Yes the case was bought at the same time. I bought a case that was specifically for the type of iPad I bought (mini 2). It was secured in the case properly.

Fosterdog

It would depend on the type of case, some are just covers to protect from scratches while others are more robust and will take a battering and still protect the iPad.

My old iPad had the following type of case, it has been dropped many times and not left a mark on the iPad
http://www.amazon.co.uk/Rotating-Leather-Cover-Stylus-Purple/dp/B0097S2UNQ/ref=sr_1_5?ie=UTF8&qid=1454799843&sr=8-5&keywords=ipad+case

On my new iPad I have the following type and while I haven't yet dropped it, I really wouldn't expect it to stop a cracked screen, it offers very basic protection from scratches, minor bumps, dropping on carpet, protecting while transporting in a bag. It would almost certainly break if dropped onto a hard floor and likely the iPad would be broken too.

http://www.amazon.co.uk/ESR-Yippee-Color-Trifold-Smart/dp/B00N1OXXLU/ref=sr_1_7?ie=UTF8&qid=1454799843&sr=8-7&keywords=ipad+case

Gavin83

What damage did the iPad sustain?

LuckyPenny

Its cracked in the corner. It still works but what upset me most is that it happened on Boxing Day and my daughter was very upset. The customer services dept are unsure whether it is covered, so I have been asked to refer it to their legal dept. They are not sure whether the Consumer Protection Act would extend to the iPad. Surely it must do the case wasn't fit for purpose? The case is meant to protect the iPad? Anyone agree or do you think this will go nowhere?

hollydays

I found this link
https://discussions.apple.com/thread/5603470?tstart=0

Is this anything similar-something about magnets ?
From apple"Magnetic connection.
A hinge magnetically aligns the Smart Cover with iPad mini for a perfect fit, while magnets inside help it stay put."

Either you've not got the right case for the right mini( there are several) or the magnet has fallen out?