Sale of Goods act clarification

moneytroll

What exactly does it and does it not cover? 

It says that it protects consumers for up to 6 years but doesn’t say how or in what circumstances.

I bought Apple AirPods Pro from John Lewis just over two years ago and they don’t seem to be working. I took it to Apple, they inspected it and decided both pods need to be replaced (£100 each; more than buying new). Report also says there is no physical or cosmetic damage. They basically just don’t work as well anymore.

Would the Sale of Goods act apply to something like this? (Stuff broke by itself while it was used correctly and not damaged). Surely not. But I was wondering why not.

jon81uk

Sale of goods act doesn't exist anymore, you want the consumer rights act.

Under the consumer rights act if the goods are faulty after the first six months its up to you to prove they were faulty at the time they were delivered to you, ie its a manufacturing fault/defect. If you can prove that then you should get a repair/refund/replacement from the seller. If Apple will put into writing its an inherent manufacturing fault then you can get John Lewis to repair/replace.
Faulty product? How to get a refund, repair or replacement - Which?

Okell

Does the Sale of Goods Act really say that it "protects consumers for up to 6 years"?

If you are a consumer SoGA has largely been superseded by the Consumer Contrcats Act since 2015

tightauldgit

SOGA is outdated now you're talking about the Consumer Rights Act and a general question about what it covers would take a long time to explain. 

For your specific situation then it would depend what Apple have said really - have they told you why they aren't working anymore? 

Your claim if any would be with the retailer so you should go back to John Lewis in the first instance with the report from Apple and see what they say. 

If your Apple report confirms that it wasn't caused by yourself then I think the question would be whether a 2 year life is reasonable or not for AirPods. I don't really know what is considered reasonable for a product like that. 

sheramber

A Google search indicates Apple Airpods last 2-3 years.

screech_78

If the report states no consumer damage,
you should have a valid CRA claim. Getting John Lewis technical support team to accept it though will be another matter. 

It’s also highly unlikely they’ll repair or replace after 2 years. You’ll be looking at a partial refund with a deduction for usage. Which is allowed. 

born_again

moneytroll said:

What exactly does it and does it not cover? 

It says that it protects consumers for up to 6 years but doesn’t say how or in what circumstances.

I bought Apple AirPods Pro from John Lewis just over two years ago and they don’t seem to be working. I took it to Apple, they inspected it and decided both pods need to be replaced (£100 each; more than buying new). Report also says there is no physical or cosmetic damage. They basically just don’t work as well anymore.

Would the Sale of Goods act apply to something like this? (Stuff broke by itself while it was used correctly and not damaged). Surely not. But I was wondering why not.

So they do work.

Just what is the problem?

DullGreyGuy

jon81uk said:

Sale of goods act doesn't exist anymore, you want the consumer rights act.

It does still exist, just the consumer provisions have been struck out and replaced by the CRA. Some provisions in the SoGA still applies to small businesses (as buyers of services/products) that arent covered by the CRA.

moneytroll said:

What exactly does it and does it not cover? 

It says that it protects consumers for up to 6 years but doesn’t say how or in what circumstances.

I bought Apple AirPods Pro from John Lewis just over two years ago and they don’t seem to be working. I took it to Apple, they inspected it and decided both pods need to be replaced (£100 each; more than buying new). Report also says there is no physical or cosmetic damage. They basically just don’t work as well anymore.

Would the Sale of Goods act apply to something like this? (Stuff broke by itself while it was used correctly and not damaged). Surely not. But I was wondering why not.

It did and the CRA that replaces it does too... it talks of being defect free on purchase, have a reasonable lifespan, reasonable quality etc. What it doesnt tell you is how to work out what a reasonable lifespan is, though the helper notes give guidance that the type of product, price point etc should all be factored in. 

Why are apple charging £100 each? The list price for a Airpod Pro Gen 1 are £89 each.

You now have a report confirming they are faulty and so should take it to JL as the retailer and present it to them. The chances are they will take the route of refunding you for the purchase but note that they can deduct the use you've had to date. When they did this for me they deducted age in months divided by 72 but it could be argued that airpods dont have a 6 years reasonable life (esp as battery is unreplaceable) and so 72 should be reduced to a shorter number of months.