Beats Headphones developed fault - right to repair out of warranty?

Hello,

I've got a question regarding Consumer Law.

I purchased Beats Solo headphones in June 2013 from John Lewis (Oxford Street store) for £169.95 using my Mastercard. These broke two years later, but Apple replaced it under warranty (2 year warranty) in July 2015. It was replaced with Beats Solo 2 as the original model was not being produced anymore.

My headphones have now developed a fault. The right speaker is not working. After searching online I found that this is a common fault with the Beats Solo 2 model. It seems that the wire to the speaker has broken or detached.

I spoke to Apple. They said they would charge for the repair, but they said speak to John Lewis as I might be covered under Consumer Law.

I contacted John Lewis. They said I need to take them to a store for a 'partner' to look. If they could not help it would be sent away for repair. They did not state anything with regards to price, but I'm sure they won't do it for free.

They said with regards with the sales of goods act, "we are not under any legal obligation to ensure that the goods remain fault free". I stated that the headphones are 'not of satisfactory quality'. I believe headphones of that price should last, providing I take care of the headphones. The headphones are in great condition and have no sign of damage.

They go on to say, I have to provide 'evidence that the product was inherently faulty at the time of sale.' and I would have to arrange an 'authorised repair centre to diagnose the fault'.

I don't think I am being unreasonable in expecting these expensive headphones to be repaired for free, considering it is a design fault that has caused this and not accidental damage.

Are both Apple (Owners of Beats) and JL just trying to fob me off, or do I not have any rights?

Thank you

Comments

  • London50
    London50 Posts: 1,850 Forumite
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    The law states that after 6 months it is you that has to prove that it is an inherent fault no matter what item or what price is paid.
    I it can be proved that it is a design fault then any cost to you proving it should be refunded.
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    After six months from the sale, which you clearly are, the onus is on the consumer to show that the problem is due to an inherent fault.

    JL have asked you to do that.

    Essentially they want you to provide proof that nothing you have done has led to the issue.

    The best way of doing this is to get an independent report confirming that, in the opinion of the report writer, the problem is due to a fault that was present at the time of sale.
  • George_Michael
    George_Michael Posts: 4,251 Forumite
    Tenth Anniversary 1,000 Posts Name Dropper
    sshu wrote: »
    Are both Apple (Owners of Beats) and JL just trying to fob me off, or do I not have any rights?

    You do have rights under the SOGA and JL are correct in saying that if you want to avail yourself of these rights, they can insist that you prove that the fault was there at the time of sale (although this doesn't mean that the fault was apparent at this time).

    However, you have a pair of headphones that are by no means top quality (with Beats as with many other "designer" brands, you are paying a fair bit just for the name) and these are close to 4 years old. I know that you obtained the replacements in July 2015 but this doesn't matter. It is the date of the original purchase that is the one that counts.

    If you are able to prove a manufacturing defect, JL have the choice to refund, replace or repair and if they opt to refund, this can be a partial refund to cover the time that you have had good use of the headphones.
    If they do this, I can't imagine that you will be offered more than a token amount.

    As many headphones are basically throwaway when broken, it might not be too easy getting someone to examine and write a report on them.
  • bris
    bris Posts: 10,548 Forumite
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    Nearly 4 years, forget it.
  • undetterred
    undetterred Posts: 635 Forumite
    500 Posts
    bris wrote: »
    Nearly 4 years, forget it.


    Could'nt agree more
  • Zandoni
    Zandoni Posts: 3,465 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Have a go at fixing them yourself.
    https://www.youtube.com/watch?v=x7DYqvBXgUM
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