Does the Consumer Rights Act 2015 cover replacement devices?

Anteater23

I bought a faulty iPad from a non-Apple retailer over a year ago.
I went to Apple and they said they could supply me with what is called a “replacement device” for £349. This is not exactly the same as a new iPad off the shelf but it comes sealed in a completely white box. When I originally bought the iPad, it’s RRP was £479.
Replacement Apple devices come with a 90 day warranty. As this is a very short length of time I’m desperate to find out I get my normal UK consumer rights with a purchase such as this.
Would anyone know if this is the case?

unholyangel

Paying £349 for a "replacement device", you will probably find is not a replacement at all and is you agreeing to buy a reconditioned model from them. So your rights would be against apple, but the expectations (satisfactory quality) may be lower depending on circumstances (ie "graded" units). 

powerful_Rogue

Is the iPad saga still ongoing?!

https://forums.moneysavingexpert.com/discussion/6203086/can-i-return-a-faulty-tablet-after-18-months

https://forums.moneysavingexpert.com/discussion/6214959/colleague-discount-you-must-not-buy-goods-for-resale/p1

Sandtree

Anteater23 said:

I bought a faulty iPad from a non-Apple retailer over a year ago.
I went to Apple and they said they could supply me with what is called a “replacement device” for £349. This is not exactly the same as a new iPad off the shelf but it comes sealed in a completely white box. When I originally bought the iPad, it’s RRP was £479.
Replacement Apple devices come with a 90 day warranty. As this is a very short length of time I’m desperate to find out I get my normal UK consumer rights with a purchase such as this.
Would anyone know if this is the case?

So the faulty item here is totally a red herring?

If you simply purchased a reconditioned item then the CRA would apply to that purchase however if a future issue occurred the court would opine on if its reasonable to expect the same life expectancy on a reconditioned item -v- a brand new one. 

If the original faulty purchase is somehow linked to the second replacement item then the matter gets much more complex.

powerful_Rogue

What goes into a refurbished iPad.

All refurbished iPad models come with a new battery, new outer shell, are backed by a one-year warranty, have free delivery and returns, and also include:

• Full functional testing, genuine Apple part replacements (if necessary) and a thorough cleaning
• The original Operating System or a more recent version1
• All refurbished devices are repackaged in a brand-new box with all accessories and cables2

1. If your device is shipped with the original Operating System, the most recent version can be downloaded for free from the App Store.
2. Supply is limited and availability is guaranteed once we receive your full payment.

Anteater23

I’ve spent ages on the phone to Apple and one senior colleague said that they treat replacement as a service and it is not considered purchasing a device. For that reason I wouldn’t be covered under consumer law with Apple.

powerful_Rogue

They come with a 12 month warranty as posted above.

Did you ever follow the vast amount of advice regarding your consumer rights with Argos, what was the outcome?

Sandtree

Anteater23 said:

I’ve spent ages on the phone to Apple and one senior colleague said that they treat replacement as a service and it is not considered purchasing a device. For that reason I wouldn’t be covered under consumer law with Apple.

Hence the original Q of how the original faulty item fits into the picture... especially as you didnt buy it from Apple which makes the whole thing messy given you didnt go back to the vendor with whom you have your original contract.

unholyangel

Anteater23 said:

I’ve spent ages on the phone to Apple and one senior colleague said that they treat replacement as a service and it is not considered purchasing a device. For that reason I wouldn’t be covered under consumer law with Apple.

That gave me a good laugh, like they have a choice. But regulars on this forum and more than aware that apple don't normally adhere to consumer rights even if you buy brand new from them. We often get stories on here about them. The people who buy elsewhere, apple tell them "if only you'd bought from us, we'd have gave you the moon, stars and chucked in the sun for free". But the people who actually did buy from them get told they need to prove the fault and many have trouble doing this with apple products. 

(1)A contract is a sales contract if under it—
(a)the trader transfers or agrees to transfer ownership of goods to the consumer, and
(b)the consumer pays or agrees to pay the price.

They were agreeing to transfer goods, you were agreeing to pay the price. Therefore a sales contract under the Consumer Rights Act 2015. 

Sandtree

unholyangel said:
We often get stories on here about them. The people who buy elsewhere, apple tell them "if only you'd bought from us, we'd have gave you the moon, stars and chucked in the sun for free". But the people who actually did buy from them get told they need to prove the fault and many have trouble doing this with apple products. 

(1)A contract is a sales contract if under it—
(a)the trader transfers or agrees to transfer ownership of goods to the consumer, and
(b)the consumer pays or agrees to pay the price.

They were agreeing to transfer goods, you were agreeing to pay the price. Therefore a sales contract under the Consumer Rights Act 2015. 

Have to say I cannot remember any complaints on here about Apple for some time... I’ve only ever had three faults with Apple products; first was an iPhone which they switched out in shop same day (Carphone Warehouse were naturally no help at all),  second they approached us about a potential battery issue and replaced it and the final was a DVD drive dying after 8 years which I just accepted and never tried to get repaired.

Its not abundantly clear, to me at least, what has happened... the OP suggests they bought a device from unnamed merchant, it was faulty (I am assuming this happened fairly quickly), they went to Apple rather than the company they bought it from and walked out with a refurbed device instead of, or maybe as well as, their own.

Why didn’t they go back to the original seller? Have they actually “bought” the refurb or did they pay for a repair and Apple just switched out the unit instead (as happened with my iPhone).

Without doubt there is a contract of sale and so there will be some consumer rights but I’m not clear if the sale was for a repair service or for a replacement device. 

unholyangel

Sandtree said:

unholyangel said:
We often get stories on here about them. The people who buy elsewhere, apple tell them "if only you'd bought from us, we'd have gave you the moon, stars and chucked in the sun for free". But the people who actually did buy from them get told they need to prove the fault and many have trouble doing this with apple products. 

(1)A contract is a sales contract if under it—
(a)the trader transfers or agrees to transfer ownership of goods to the consumer, and
(b)the consumer pays or agrees to pay the price.

They were agreeing to transfer goods, you were agreeing to pay the price. Therefore a sales contract under the Consumer Rights Act 2015. 

Have to say I cannot remember any complaints on here about Apple for some time... I’ve only ever had three faults with Apple products; first was an iPhone which they switched out in shop same day (Carphone Warehouse were naturally no help at all),  second they approached us about a potential battery issue and replaced it and the final was a DVD drive dying after 8 years which I just accepted and never tried to get repaired.

Its not abundantly clear, to me at least, what has happened... the OP suggests they bought a device from unnamed merchant, it was faulty (I am assuming this happened fairly quickly), they went to Apple rather than the company they bought it from and walked out with a refurbed device instead of, or maybe as well as, their own.

Why didn’t they go back to the original seller? Have they actually “bought” the refurb or did they pay for a repair and Apple just switched out the unit instead (as happened with my iPhone).

Without doubt there is a contract of sale and so there will be some consumer rights but I’m not clear if the sale was for a repair service or for a replacement device. 

The forum has a search feature. There's been multiple threads on them in the last month alone. Always is. 

As for not being sure.....a contract of sale/sales contract is specifically for goods. Services it would be a contract of service/service contract. If you're having any doubts about whether it's a service for repair, ask yourself this one question.....are they returning the original device? If its the same device then service. Different device it's a sale.