Has the goods and services act now changed ?

romaineahern

I understand that we have left the EU and therefore consumer rights are different however, wonder if anyone can enlighten me?  I purchased a 27 inch iMac just over two years ago direct from Apple (over the telephone as needed some information prior to purchase) this came complete with Magic Mouse and magic keyboard.  Two days ago my keyboard started typing gibberish and later just stopped working.  I contacted Apple who are normally pretty good at tech stuff and they merely stated the items were out of warranty.  I enquired whether under the sale of goods and services act items should be as described and work for a reasonable length of time and did they think two years was reasonable and they told me they refuted any obligation.  I contacted the Citizens advice who advise me that as Apple are in Southern Ireland I no longer have rights under the act.  Is this true and can I do anything at all please?  I have written to the company to try to understand why they have taken the stand but to date no response.  Would appreciate any info.  Thank you

Zinger549

In the UK and Ireland you have up to 6 years to make a claim. As it's over 6 months you would need to get a report detailing the fault.

https://www.citizensinformation.ie/en/consumer/consumer_laws/your_rights_as_consumer_in_ireland.html

MattMattMattUK

romaineahern said:

I understand that we have left the EU and therefore consumer rights are different however, wonder if anyone can enlighten me?  I purchased a 27 inch iMac just over two years ago direct from Apple (over the telephone as needed some information prior to purchase) this came complete with Magic Mouse and magic keyboard.  Two days ago my keyboard started typing gibberish and later just stopped working.  I contacted Apple who are normally pretty good at tech stuff and they merely stated the items were out of warranty.  I enquired whether under the sale of goods and services act items should be as described and work for a reasonable length of time and did they think two years was reasonable and they told me they refuted any obligation.  I contacted the Citizens advice who advise me that as Apple are in Southern Ireland I no longer have rights under the act.  Is this true and can I do anything at all please?  I have written to the company to try to understand why they have taken the stand but to date no response.  Would appreciate any info.  Thank you

Unless this was a business transaction the SGSA was superseded by the Consumer Rights Act.

The warranty is in addition to your consumer rights, comes with their own terms and conditions and expire after any period they state.

The CRA provides that for the first six months a fault is deemed inherent and during that period it would be down to the retailer to prove damage, after six months it is down to the consumer to prove that the fault was inherent, usually by way of an independent inspection which would be charged for (although if the fault was inherent the retailer would be required to repay that cost). Your issue is that it is more than two years so you would be required to prove the fault was inherent, rather than say damage, wear and tear etc. Apple also being in the RoI will complicate matters as you would have to attempt any enforcement in the RoI and RoI consumer legislation will apply, not English law, although the rights are largely the same. 

In this case I would generally say that it is unfortunate that it has not lasted longer, you can try pushing Apple for help, but I suspect that it will not be forthcoming and that ultimately you will need to buy another keyboard. 

Grumpy_chap

Could it just need a new battery?

romaineahern

Grumpy chap you have made me laugh which is really lovely thank you.  No I only wish it were that simple, it is charged via a lead from the computer and has a full charge, had it tested independently and unfortunately cannot be repaired due to its construction.  

Manxman_in_exile

romaineahern said:

I understand that we have left the EU and therefore consumer rights are different ...

No.  Leaving the EU has not affected any statutory consumer rights you have in this country.  In fact you have slightly stronger rights here than the EU prescribes.

The difficulty you have is that your retailer is in the Irish Republic, so your consumer rights are based on Irish law (although probably very similar to here).  You have the same problems getting a remedy out of them post-Brexit as you would have done pre-Brexit.

As explained, in the UK it's the Consumer Rights Act which superseded the Sale of Goods Act.

JJ_Egan

You could take them to the ROI small claims court .

But not sure under what laws you claim .

powerful_Rogue

Appears that UK Consumer Law does apply, which I thought it would. First step, get that report done.

https://www.apple.com/uk/legal/statutory-warranty/uk/

romaineahern

Thank you so much powerful Rogue I did quote this to Apple but they still just dismissed me.  I will certainly pursue.  Much appreciated

jon81uk

To be honest trying to prove that a two year old keyboard has a manufacturing fault is going to be difficult. 
You are probably going to need to get a new one. The cost of getting a report to prove it is a manufacturing fault is probably more than the keyboard is worth.