Faulty report from Apple, Argos refuse to replace

TH291999

The report from apple says the following: 

• Issue: Customer reports crackling in both AirPods
  Steps to Reproduce: Verified at bar
  Cosmetic Condition: Case intact
  Left airpod intact
  Right airpod intact
  Proposed Resolution: Both AirPods failed audio quality test. Both would need to be replaced at out of warranty cost (£89) to rectify issue.
  Resolution: Customer Declined
  Reason: Other
  Work Authorization: If these AirPods were purchased from Apple directly we could have replaced them under EU Consumer law. As these rights lie with the point of purchase, I have referred customer to them.

Apple has acknowleged that cracking develops in airpods, however they only extended the replacement service to pairs purchase before october 2020 when they identified the fault in the first gen airpods. As i purchased them after this date, they couldn't honor this even though they are the first generation airpods.

Also worth noting that at no point did the store review the report, i stated the results to them but they never actually viewed the report from the genius bar.

I spoke to a manager in an Argos store as they were purchased in person and the live chat agents didnt want anything to do with it since there was no order number to track it with. He didnt look at the report, basically all he could advise me was that after their years warranty its up to the manfacturer, who has then referred me back to argos stating that under the consumer law they have to replace within two years. Argos are the only retailer that offer a 1 year warranty not two years as standard.

Alderbank

TH291999 said:

...basically all he could advise me was that after their years warranty its up to the manfacturer, who has then referred me back to argos stating that under the consumer law they have to replace within two years.
 Argos are the only retailer that offer a 1 year warranty not two years as standard.

Nonsense.
No such consumer law in the UK (although a lot of people believe that there is).

John Lewis offer 2 year warranty on airpods.
Currys   1 year.
Tesco    1 year
Amazon uk (Amazon themselves and dozens of third party suppliers)  1 year.

Aylesbury_Duck

TH291999 said:

The report from apple says the following: 

• Issue: Customer reports crackling in both AirPods
  Steps to Reproduce: Verified at bar
  Cosmetic Condition: Case intact
  Left airpod intact
  Right airpod intact
  Proposed Resolution: Both AirPods failed audio quality test. Both would need to be replaced at out of warranty cost (£89) to rectify issue.
  Resolution: Customer Declined
  Reason: Other
  Work Authorization: If these AirPods were purchased from Apple directly we could have replaced them under EU Consumer law. As these rights lie with the point of purchase, I have referred customer to them.

Apple has acknowleged that cracking develops in airpods, however they only extended the replacement service to pairs purchase before october 2020 when they identified the fault in the first gen airpods. As i purchased them after this date, they couldn't honor this even though they are the first generation airpods.

Also worth noting that at no point did the store review the report, i stated the results to them but they never actually viewed the report from the genius bar.

I spoke to a manager in an Argos store as they were purchased in person and the live chat agents didnt want anything to do with it since there was no order number to track it with. He didnt look at the report, basically all he could advise me was that after their years warranty its up to the manfacturer, who has then referred me back to argos stating that under the consumer law they have to replace within two years. Argos are the only retailer that offer a 1 year warranty not two years as standard.

Technically, that report simply states the problem exists, it doesn't suggest why the problem has occurred.  What you really need in writing is the bit in bold, because that says the problem is an inherent one.  Then Argos would have to repair, replace or partially refund.

Manxman_in_exile

TH291999 said:

... I spoke to a manager in an Argos store as they were purchased in person and the live chat agents didnt want anything to do with it since there was no order number to track it with. He didnt look at the report, basically all he could advise me was that after their years warranty its up to the manfacturer, who has then referred me back to argos stating that under the consumer law they have to replace within two years. Argos are the only retailer that offer a 1 year warranty not two years as standard.

First, that might be what his employer has told him to say and he might believe it to be true - but it isn't.

As a consumer you have statutory protection against being sold faulty products, regardless of whether they have any sort of warranty and regardless of whether or not any warranty has expired.  In theory you have up to 6 years to make a claim for a faulty product against whoever sold it to you.  ie Argos.

To keep it straighforward, because it's more than 6 months since you bought the pods, the onus is on you to show (1) that they are faulty, and (2) the fault, or what caused it, was "present" when you bought them.

Apple have confirmed the first for you, but not necessarily the second.  It would be nice if you could get additional evidence from Apple that whatever caused the fault (eg bad design, substandard materials, a fault during manufacture) must have been present when you bought them, and not because you've misused them since buying them.

But Apple might not want to admit in writing to you (or anyone) that they are in the habit of selling products that are faulty at the point of sale.

You could, of course, ask the Apple "genius" why, if the pods weren't faulty when you bought them, the report would say "Work Authorization: If these AirPods were purchased from Apple directly we could have replaced them under EU Consumer law... "  Only if they were faulty when purchased would the seller have been required to replace them under EU law - which is the same as UK law for this purpose.

TH291999 said:

...Apple has acknowleged that cracking develops in airpods, however they only extended the replacement service to pairs purchase before october 2020 when they identified the fault in the first gen airpods. As i purchased them after this date, they couldn't honor this even though they are the first generation airpods...

Second, can you gather evidence from Apple forums etc demonstrating that these first generation pods are prone to developing this sort of fault, and if so can you plausibly argue that the frequency with which such faults occur points towards a fault in manufacturing process, or the use of sub-standard materials?

If you succeed in establishing both (1) and (2), and you can also convince Argos to understand what their legal obligations are, then Argos have the option either to replace or to repair them.  And if that doesn't work out you can get a refund.  But Argos can reduce the refund to reflect the use you have had from them since you bought them.

pinkshoes

IF you can prove the airpods have failed due to an inherent fault (the report you have does not say this so you need more evidence) then Argos will need to either repair, replace or refund. 

This will be up to Argos which option they choose.  The refund will be partial based on the expected shelf life of airpods. If they're two years old already then if you'd expect 3 years use from them then a 33% refund is fair.

the_lunatic_is_in_my_head

TH291999 said:

The report from apple says the following: 

• Issue: Customer reports crackling in both AirPods
  Steps to Reproduce: Verified at bar
  Cosmetic Condition: Case intact
  Left airpod intact
  Right airpod intact
  Proposed Resolution: Both AirPods failed audio quality test. Both would need to be replaced at out of warranty cost (£89) to rectify issue.
  Resolution: Customer Declined
  Reason: Other
  Work Authorization: If these AirPods were purchased from Apple directly we could have replaced them under EU Consumer law. As these rights lie with the point of purchase, I have referred customer to them.

Apple has acknowleged that cracking develops in airpods, however they only extended the replacement service to pairs purchase before october 2020 when they identified the fault in the first gen airpods. As i purchased them after this date, they couldn't honor this even though they are the first generation airpods.

Also worth noting that at no point did the store review the report, i stated the results to them but they never actually viewed the report from the genius bar.

I spoke to a manager in an Argos store as they were purchased in person and the live chat agents didnt want anything to do with it since there was no order number to track it with. He didnt look at the report, basically all he could advise me was that after their years warranty its up to the manfacturer, who has then referred me back to argos stating that under the consumer law they have to replace within two years. Argos are the only retailer that offer a 1 year warranty not two years as standard.

OP I would recommend you contact Argos as noted. 

The regs don't say the consumer must prove their position, instead they stipulate that after 6 months it is no longer taken unless demonstrated otherwise, meaning the trader in permitted to ask for something to show the goods don't conform. 

I don't know what you paid but 2nd gen from Apple are £139 meaning this isn't a huge sum we are looking at, if a "report" shows you are entitled to a remedy Argos should cover the cost of that "report", it is partly fair to them that they have a choice as to whether they want to bother to bear that cost and more importantly you don't want them to refuse to bear that cost because they never asked you to get one.

Contact them stating final right to reject and see what they say. If you aren't getting far with general CS have a look on the CEO email website for Argos and use the email address from there  

screech_78

I deal with a lot of faulty apple items. Some I replace, some I don’t. 

It we ask the customer for a report from apple, all I’m looking for is that it isn’t CID (customer induced damage). Apple won’t state it’s a manufacturing fault but I have seen them write plenty of times that the item is in good condition with no damage. I’m happy to accept this. More often than not though, I’ll offer a partial refund but then we offer a longer warranty period than Argos so any complaints that arise are usually more than 2 years. With AirPods, I usually replace given the low value. 

OP, I’d ask if apple can include a line stating no damage. I do think you’ll have an uphill battle with Argos though.