Can I return a faulty tablet after 18 months?

Anteater23

I purchased an iPad 16 months ago from Argos for £479. From the moment I bought it I noticed there was something strange about the touchscreen as it was sometimes a little unresponsive. I did some research into this and found out that sometimes certain iPad cases can interfere with the touchscreen performance (so I left it down to this). 
I recently got a job that involves me using the iPad a lot and the touch problem started to really affect my performance as the iPad wouldn’t scroll pages reliably. I took it out of its case and the problem persisted. 
I spoke to Apple about this. However, as my iPad is outside their limited 1 year warranty, they would not be able to do anything for me - albeit had I purchased my iPad from Apple and not Argos then they said they would have offered a replacement under EU consumer law. They advised me to speak to Argos about this.

When I visited two Argos stores about this, the managers said it was not their responsibility but instead the manufacturers and thus I’d have to return to Apple to deal with the problem.
What makes Argos exempt from complying with laws concerning faulty goods?
What are my rights and how can I get this situation resolved?

I know that in hindsight, as soon as I noticed any odd behaviour, I should have reported it. But as the iPad performed ok for most part and wasn’t unusable I didn’t think it was actually a defected for a while.

Anteater23

I don’t believe this product, given its cost, has lasted for a reasonable length of time without fault. 

Anteater23

Argos managers also told me that 1 year warranty is all they offer and so the 2 year EU consumer law doesn’t apply.

KatrinaWaves

Anteater23 said:

Argos managers also told me that 1 year warranty is all they offer and so the 2 year EU consumer law doesn’t apply.

The ‘EU 2 year law’ is actually superseded by the U.K. consumer rights act which gives 6 years to raise a case. This is not, however, a warranty where you can take it back within 6 years.

Side note: Apple always say ‘if only you’d have bought it from us...’ and they rarely put their money where there mouth is when you have bought from them... so don’t get hung up on that (and I’m an apple fan!)

Argos are not exempt from the laws but ignore the EU law. It is irrelevant here. As it is over 6 months from purchase you need a report stating that the fault you are experiencing is ‘Inherent’ (aka from manufacture something was wrong) and if you can get that, then you can use it to make Argos  replace, repair, or refund (taking into account your usage time) sadly I imagine the Apple ‘genius’ who told you it was will be unwilling to actually put that in a report, but you can ask. 

KatrinaWaves

Anteater23 said:

KatrinaWaves said:

Anteater23 said:

Argos managers also told me that 1 year warranty is all they offer and so the 2 year EU consumer law doesn’t apply.

The ‘EU 2 year law’ is actually superseded by the U.K. consumer rights act which gives 6 years to raise a case. This is not, however, a warranty where you can take it back within 6 years.

Side note: Apple always say ‘if only you’d have bought it from us...’ and they rarely put their money where there mouth is when you have bought from them... so don’t get hung up on that (and I’m an apple fan!)

Argos are not exempt from the laws but ignore the EU law. It is irrelevant here. As it is over 6 months from purchase you need a report stating that the fault you are experiencing is ‘Inherent’ (aka from manufacture something was wrong) and if you can get that, then you can use it to make Argos  replace, repair, or refund (taking into account your usage time) sadly I imagine the Apple ‘genius’ who told you it was will be unwilling to actually put that in a report, but you can ask. 

They wrote in their statement that this is a problem I have been experiencing from purchase and that they would have offered a replacement under EU consumer law had I purchased it from them directly.

is that good enough?

It seems slightly wishy washy with the ‘problem you have been experiencing’ rather than actually stating what the manufacturing fault is. That’s just parroting back what you told them rather than the results of any investigation into the fault. 

 Show/send it to Argos, see what they say, but they may require something a little more concrete than Apples sales pitch. 

Blackbeard_of_Perranporth

My six year old and four year old iPads are ok. What mystery problem do you have op?

neilmcl

Anteater23 said:

KatrinaWaves said:

Anteater23 said:

Argos managers also told me that 1 year warranty is all they offer and so the 2 year EU consumer law doesn’t apply.

The ‘EU 2 year law’ is actually superseded by the U.K. consumer rights act which gives 6 years to raise a case. This is not, however, a warranty where you can take it back within 6 years.

Side note: Apple always say ‘if only you’d have bought it from us...’ and they rarely put their money where there mouth is when you have bought from them... so don’t get hung up on that (and I’m an apple fan!)

Argos are not exempt from the laws but ignore the EU law. It is irrelevant here. As it is over 6 months from purchase you need a report stating that the fault you are experiencing is ‘Inherent’ (aka from manufacture something was wrong) and if you can get that, then you can use it to make Argos  replace, repair, or refund (taking into account your usage time) sadly I imagine the Apple ‘genius’ who told you it was will be unwilling to actually put that in a report, but you can ask. 

They wrote in their statement that this is a problem I have been experiencing from purchase and that they would have offered a replacement under EU consumer law had I purchased it from them directly.

is that good enough?

As mentioned the onus is on you to prove any fault is inherent to manufacture, rather than user damage, excess wear & tear etc, whether this "statement" from Apple will suffice you will have to see. The remedies open to you under the CRA are repair, replacement or refund but it's is ultimately the sellers choice. Any refund they offer now can be deducted to take into account the 16 months usage you've already had from the Ipad so don't expect a full refund.

custardy

Anteater23 said:

KatrinaWaves said:

Anteater23 said:

Argos managers also told me that 1 year warranty is all they offer and so the 2 year EU consumer law doesn’t apply.

The ‘EU 2 year law’ is actually superseded by the U.K. consumer rights act which gives 6 years to raise a case. This is not, however, a warranty where you can take it back within 6 years.

Side note: Apple always say ‘if only you’d have bought it from us...’ and they rarely put their money where there mouth is when you have bought from them... so don’t get hung up on that (and I’m an apple fan!)

Argos are not exempt from the laws but ignore the EU law. It is irrelevant here. As it is over 6 months from purchase you need a report stating that the fault you are experiencing is ‘Inherent’ (aka from manufacture something was wrong) and if you can get that, then you can use it to make Argos  replace, repair, or refund (taking into account your usage time) sadly I imagine the Apple ‘genius’ who told you it was will be unwilling to actually put that in a report, but you can ask. 

They wrote in their statement that this is a problem I have been experiencing from purchase and that they would have offered a replacement under EU consumer law had I purchased it from them directly.

is that good enough?

Apple are great at bending over backwards about what should be done when purchased elsewhere.
No always so open and up front when you purchase directly........

Anteater23

Blackbeard_of_Perranporth said:

My six year old and four year old iPads are ok. What mystery problem do you have op?

The touch screen does not work 100%. Sometimes the iPad does not pick up touch, won’t scroll down. It feels a bit temperamental and hard to predict. Also there is a ‘light spot’ in one corner of the screen.

Anteater23

KatrinaWaves said:

Anteater23 said:

KatrinaWaves said:

Anteater23 said:

Argos managers also told me that 1 year warranty is all they offer and so the 2 year EU consumer law doesn’t apply.

The ‘EU 2 year law’ is actually superseded by the U.K. consumer rights act which gives 6 years to raise a case. This is not, however, a warranty where you can take it back within 6 years.

Side note: Apple always say ‘if only you’d have bought it from us...’ and they rarely put their money where there mouth is when you have bought from them... so don’t get hung up on that (and I’m an apple fan!)

Argos are not exempt from the laws but ignore the EU law. It is irrelevant here. As it is over 6 months from purchase you need a report stating that the fault you are experiencing is ‘Inherent’ (aka from manufacture something was wrong) and if you can get that, then you can use it to make Argos  replace, repair, or refund (taking into account your usage time) sadly I imagine the Apple ‘genius’ who told you it was will be unwilling to actually put that in a report, but you can ask. 

They wrote in their statement that this is a problem I have been experiencing from purchase and that they would have offered a replacement under EU consumer law had I purchased it from them directly.

is that good enough?

It seems slightly wishy washy with the ‘problem you have been experiencing’ rather than actually stating what the manufacturing fault is. That’s just parroting back what you told them rather than the results of any investigation into the fault. 

 Show/send it to Argos, see what they say, but they may require something a little more concrete than Apples sales pitch. 

When I had the meeting with Apple in store they said they believed there is an internal problem within my iPad and that I bought it with this condition. They also told me such a problem cannot be fixed by Apple and so the only choice would be to get a replacement.

theonlywayisup

Anteater23 said:

KatrinaWaves said:

Anteater23 said:

KatrinaWaves said:

Anteater23 said:

Argos managers also told me that 1 year warranty is all they offer and so the 2 year EU consumer law doesn’t apply.

The ‘EU 2 year law’ is actually superseded by the U.K. consumer rights act which gives 6 years to raise a case. This is not, however, a warranty where you can take it back within 6 years.

Side note: Apple always say ‘if only you’d have bought it from us...’ and they rarely put their money where there mouth is when you have bought from them... so don’t get hung up on that (and I’m an apple fan!)

Argos are not exempt from the laws but ignore the EU law. It is irrelevant here. As it is over 6 months from purchase you need a report stating that the fault you are experiencing is ‘Inherent’ (aka from manufacture something was wrong) and if you can get that, then you can use it to make Argos  replace, repair, or refund (taking into account your usage time) sadly I imagine the Apple ‘genius’ who told you it was will be unwilling to actually put that in a report, but you can ask. 

They wrote in their statement that this is a problem I have been experiencing from purchase and that they would have offered a replacement under EU consumer law had I purchased it from them directly.

is that good enough?

It seems slightly wishy washy with the ‘problem you have been experiencing’ rather than actually stating what the manufacturing fault is. That’s just parroting back what you told them rather than the results of any investigation into the fault. 

 Show/send it to Argos, see what they say, but they may require something a little more concrete than Apples sales pitch. 

When I had the meeting with Apple in store they said they believed there is an internal problem within my iPad and that I bought it with this condition. They also told me such a problem cannot be fixed by Apple and so the only choice would be to get a replacement.

Did you get a report from them in writing?  As has been pointed out, under CRA the onus is on you to prove the fault inherent.  If you have this report go back to the retailer with the evidence.