Advise on a faulty item.

dazzy1984

Hi, a few weeks ago I purchased an Ipod from CEX which has turned not just faulty but dangerous.

After about two weeks of use my songs would randomly delete themselves so I took it back to CEX. They told me they would test it for an hour and to come back which I told them was not enough time as it happens within large spaces of time ie days or a week. Went back and was told what I already knew they would say ''we can not find anything''

I took the Ipod back but only to have the exact same thing happen three days later but only this time with an electric shock from the player. I took the Ipod back to CEX who said they will send it away for tests. Cex told me this would take two to three weeks but it has now been over a month and not heard a thing from them. On that day I even offered to pay £20 extra for another model that was on display but they refused.

Reason I am writing this is so I can know my rights on Monday when I go in. I know my rights somewhat but do not want to be standing their having a full blown argument with no armour.

alumende27

You're not going to get a dangerous electrical shock from an iPod. It'll just be a build-up of static electricity. See https://support.apple.com/en-gb/HT203298

Define 'a few weeks ago'. You have a right to reject within 30 days for goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund.

dazzy1984

Trust me it hurt.

All together after purchase I had the item for two weeks and two days before they took it to send it away. That was a month ago.

alumende27

It may well have hurt, but it doesn't mean it's dangerous (unless you happen to work in a flammable gas rich environment). What's more, it doesn't mean the iPod is faulty.

Nevertheless, as it appears to be faulty due to the random removal of songs, and they've already had it back once to repair it you should ask for a refund or a replacement under the consumer rights act.

That said, I can find plenty of references to iPods randomly deleting songs - it appears to be an issue with apple's icloud/itunes. That sounds like a software issue rather than a hardware fault.

dazzy1984

Them batteries can pack a punch, no matter what apple say I know what I felt and it was not static. You can make tazers from disposable cameras using AA batteries.

So do I have the rights to demand a full refund? The item is not fit for purpose.

Do you have any links that I can print out to show them if need be?

Thank you.

TadleyBaggie

dazzy1984 wrote: »

Them batteries can pack a punch

Complete nonsense, the battery in a iPod is low voltage (under 12V), unless you put your tongue across the terminals you will never feel anything. A battery powered taser works because the voltage is boosted up to very high levels, something that never happens in an iPod.

I was an electrical engineer and have put my fingers/hands across many different levels of voltages. 12V is not going to be felt.

Was it plugged into a charger at the time?

alumende27

dazzy1984 wrote: »

Them batteries can pack a punch, no matter what apple say I know what I felt and it was not static. You can make tazers from disposable cameras using AA batteries.

So? It doesn't mean AA batteries are dangerous. And an iPod touch battery is more or less the same capacity as an AA battery, albeit just over twice the voltage. Disposable cameras contain circuitry to update the voltage from the battery to provide provide a high voltage (300V+) to power a flash tube. iPods do not.

So do I have the rights to demand a full refund? The item is not fit for purpose.

http://www.which.co.uk/consumer-rights/advice/what-do-i-do-if-i-have-a-faulty-product

I'm not sure if you right to reject goods within 30 days still applies as you're now six weeks since purchase, but someone else might know better if that still applies if you've already sent it in for repair at 2 weeks.

It seems unreasonable to have an item for 4 weeks for repair though.

CEX do say this in their terms and conditions:

"After 30 days from the point of receipt, defective merchandise will be fully tested to verify the fault. Should an item not be found to be defective it will be dispatched back to you, however should an item be found to be defective we will first seek to repair/replace the item. If no replacement or repair can be done, a refund will be given. If a refund is done within 6 months of the original purchase it will be to the original amount paid, after 6 months it will be the current/original value (whichever is the lower). "

dazzy1984

No it was not plugged in to a charger.

At the end of the day I know what I felt and it did hurt. Believe that or not. Maybe I am just a wimp and the slightest thing hurts, who knows?

I am looking for consumer advise here not electrical. I appreciate your input but the question is what are my rights? Forget about the shock, lets just focus on the item not working as it should and being away from me for a month after 2 weeks and 2 days usage.

Thanks.

SouthUKMan

Consumer Rights Act states you have 30 days in which to return a faulty item for a full refund. After 30 days you are not entitled to a full refund, but you are entitled to either a repair or a replacement item. There is a caveat to this which is if the retailer can prove your preferred option is far more expensive than the alternative, then they can refuse your request and instead go the other route. For example, if you want a brand new replacement item that costs £195 but they can fix the original for £30, then they have a right to opt for a repair (if however a repair or a replacement cost about the same, then you choose). Outside of the first 30 days, you generally have to give the retailer one chance to repair the item before you can ask for a refund.

If I was in your situation, when you go back to CEX I firstly would only deal with the manager. I would then firmly but politely point out that you first tried to return the item two weeks after purchase when you had a right to 'reject' the iPod due to the fault - but because you are a good customer (ok, perhaps you didn't realise that under law you were entitled to a full refund at this point!), you gave them the chance to diagnose and repair the fault - not once but twice. Now tell them that because they haven't managed to fix the fault, you are entitled to a refund. If they do not honour this, then explain to them that you will commission an independent report that will show the item is faulty and you will then take them to the small claims court to reclaim the full purchase price of the iPod as well the cost of the report and your associated costs. This should focus the mind of the manager.

PS. For a shop like CEX not to allow you to exchange the item for a similar model or upgrade with you paying a bit more cash is actually very unusual as most retailers would recongise that this option 1) keeps you as a happy customer, 2) doesn't really cost the retailer anything (after all, they are convinced your iPod isn't faulty - therefore they can put it straight back out for sale and not lose any money), and 3) it points towards an inexperienced staff or manager.

wealdroam

dazzy1984 wrote: »

Hi, a few weeks ago I purchased an Ipod from CEX which has turned not just faulty but dangerous.

After about two weeks of use my songs would randomly delete themselves so I took it back to CEX. They told me they would test it for an hour and to come back which I told them was not enough time as it happens within large spaces of time ie days or a week. Went back and was told what I already knew they would say ''we can not find anything''

I took the Ipod back but only to have the exact same thing happen three days later but only this time with an electric shock from the player. I took the Ipod back to CEX who said they will send it away for tests. Cex told me this would take two to three weeks but it has now been over a month and not heard a thing from them. On that day I even offered to pay £20 extra for another model that was on display but they refused.

Reason I am writing this is so I can know my rights on Monday when I go in. I know my rights somewhat but do not want to be standing their having a full blown argument with no armour.

You have thirty days from the date of delivery to confirm that the goods conform to contract. If the goods do not conform to contract you can reject them for a full refund.
It is important to realise that that thirty day clock stops ticking once you have reported the problem to the seller and while he is investigating.

It looks like you have had the thing in you hands for two weeks and three days - well below that thirty day figure.

When you go back on Monday, I would be pointing this out to the seller and politely requesting a full refund.

The difficulty that I see is that it is for you to prove that the thing does not conform to contract and as you cannot demonstrate the problem at will, that may be an issue.

Section 22 of The Consumer Rights Act 2015 is the bit you should read.

bris

You're not going to get a refund if they can't find a fault, nothing anyone on here says can change that.


If they do find a fault then no doubt they will offer you a suitable remedy.