Buying online and via phone the APPLE scam
I purchased a left AirPods Pro earphone from a telephone number as per the Apple site as I could not complete it online. I had lost mine so simply wanted to purchase another. The purchase was on 30th December 2022. The left AirPod cost me £96.44. They arrived on the 3rd January 2023 and so I checked Apple's returns policy which clearly says a full refund will be issued if items are returned with 14 days. I had by this stage found my lost AirPods. I was told I could not return the goods as it was a replacement and that internal processes (which customers are not privy to and that Majella (Apple Europe) could not direct me to or forward me this) means that this was a ‘replacement purchase’ so there would be no refund. Nowhere on their site do they indicate that the 14 day cooling off period does not apply to some items. I was told this is an internal rule. have I made a purchase via web page and telephone call and believe that it is my right under the Consumer Contracts Regulations that they offer a refund under the 14 day cooling off period.
They told me to send this complaint by writing and this I will do.
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Doesn't matter what their internal policy etc is, you entered into a new contract to purchase an item so your statutory rights under the CCR apply
Also, under the regulations you have up to 14 days after receipt of the goods to inform Apple that you are cancelling the order, and then a further 14 days in which to return them. See s35(4).
And if Apple didn't inform you of your statutory right to cancel, I believe the cancellation period can be extended by up to a year. See s31(1).
Of course, if you didn't order from Apple in the UK all this might be academic as it might not apply...
2.5 Refunds. Except as described in the Warranty and Limitation of Liability section below, Apple does not provide refunds for service orders.
Also, you might not be able to buy one airpod, but that's what the OP thinks he did when he paid Apple £96.44 for a new one.
Why wouldn't it count as a sales contract under the legislation?
“sales contract” means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object;
As I say, it's a serious question why this transaction wouldn't be subject to the right of cancellation.
I am not saying it is right or wrong. Only showing the OP that they do cover this in their service terms as he said their was no mention of it on the site.
But no, you cannot be forced to waive your statutory rights in the CCR... however... you can clearly manipulate things to avoid them such as having the contract bound under a different legal jurisdiction or potentially managing to make it the sale of a service rather than goods etc.
Various warranty providers have done very similar to ensure they dont fall within the legal definition of insurance and all the rights you'd get if you were buying an insurance policy -v- a warranty.
But if it was one was simply taken off the shelf I can't see how CCR wouldn't apply.
I wish the Consumer Contract Regulations was called something else as when I type the acronym I get "Bad Moon Rising" stuck in my head.
CRA is the one that annoys me... for most my life that was a Credit Reference Agency