Faulty goods being named as ’cosmetic’ by John Lewis

bear_online

Hi all,

I purchased some apple airpod max from John Lewis in October 2022 and for around the last year have been in extreme discomfort whilst wearing them - it got gradually worse. It is now at the point where they can no longer be worn due to the pain they cause.

This pain is due to a product fault, the ‘supportive’ fabric has given way and deformed, and no longer provides support whilst wearing them. The metal band digs into my head and leaves dents in my scalp. The product is no longer usable, and after spending £550 you would hope to get more than 2 years of use.

We went to the apple shop and it was confirmed by an employee that the product was faulty, and were told to go to John Lewis for repair/replacement under the consumer rights act. 

After being on the phone for over an hour, I was repeatedly told that the consumer rights team would not help me with this issue because it was ‘cosmetic’. The fault with these headphones is not cosmetic, it is technical - I can no longer use the product in the way it was intended because of a fault in the materials.

After years of buying all of my electrical items etc. from John Lewis, I am extremely dissatisfied with the lack of support from the company. The product cannot be used as it is intended… am I entitled to them paying for the repair/replacement of the faulty good under the consumer rights act?

powerful_Rogue

bear_online said:

Hi all,

I purchased some apple airpod max from John Lewis in October 2022 and for around the last year have been in extreme discomfort whilst wearing them - it got gradually worse. It is now at the point where they can no longer be worn due to the pain they cause.

This pain is due to a product fault, the ‘supportive’ fabric has given way and deformed, and no longer provides support whilst wearing them. The metal band digs into my head and leaves dents in my scalp. The product is no longer usable, and after spending £550 you would hope to get more than 2 years of use.

We went to the apple shop and it was confirmed by an employee that the product was faulty, and were told to go to John Lewis for repair/replacement under the consumer rights act. 

After being on the phone for over an hour, I was repeatedly told that the consumer rights team would not help me with this issue because it was ‘cosmetic’. The fault with these headphones is not cosmetic, it is technical - I can no longer use the product in the way it was intended because of a fault in the materials.

After years of buying all of my electrical items etc. from John Lewis, I am extremely dissatisfied with the lack of support from the company. The product cannot be used as it is intended… am I entitled to them paying for the repair/replacement of the faulty good under the consumer rights act?

You'll need go get a report which confirms the fault was present at manufacture but has now only just presented itself.

Ayr_Rage

Do you have anything in writing from Apple confirming it is a manufacturing or material fault?

MyRealNameToo

bear_online said:

I purchased some apple airpod max from John Lewis in October 2022 and for around the last year have been in extreme discomfort whilst wearing them - it got gradually worse. It is now at the point where they can no longer be worn due to the pain they cause.

This pain is due to a product fault, the ‘supportive’ fabric has given way and deformed, and no longer provides support whilst wearing them. The metal band digs into my head and leaves dents in my scalp. The product is no longer usable, and after spending £550 you would hope to get more than 2 years of use.

We went to the apple shop and it was confirmed by an employee that the product was faulty, and were told to go to John Lewis for repair/replacement under the consumer rights act. 

After being on the phone for over an hour, I was repeatedly told that the consumer rights team would not help me with this issue because it was ‘cosmetic’. The fault with these headphones is not cosmetic, it is technical - I can no longer use the product in the way it was intended because of a fault in the materials.

After years of buying all of my electrical items etc. from John Lewis, I am extremely dissatisfied with the lack of support from the company. The product cannot be used as it is intended… am I entitled to them paying for the repair/replacement of the faulty good under the consumer rights act?

Potentially, though given its over 6 months old it's up to you to substantiate there is a fault and its neither damage caused by misuse or reasonable wear/tear. 

If the repair, replace them or declare them beyond economical repair so refund you (for which they can deduct use received before the fault) is a matter that is yet to be seen. 

In the first instance maybe escalate to the executive complaints team. They are not any more competent than the basic one but at least you speak to the same person each time so dont have to repeat everything from the beginning. Ultimately we had to issue court proceedings to get JL to put their hands in their pocket with our fridge/freezer. 

eskbanker

bear_online said:

We went to the apple shop and it was confirmed by an employee that the product was faulty, and were told to go to John Lewis for repair/replacement under the consumer rights act. 

I'm pretty sure that this is what Apple normally say when assessing products bought elsewhere, but the question is really whether the fault would have been present at the time of purchase (even if latent) and therefore subject to redress from the retailer under CRA, so that's what would need to be confirmed in writing by an expert.

mluton

Just buy new covers, 3 years usage on any OTH headphones would need replacing IMHO.

MyRealNameToo

mluton said:

Just buy new covers, 3 years usage on any OTH headphones would need replacing IMHO.

Have you seen anyone selling new covers for the headband on AirPods Max? 

A google shows some selling replacement third party bands but they are over £100

TELLIT01

Have you done any internet searches to see if what you are experiencing is a common occurrence.  If it is, you may have a stronger claim for some form of action from JL.

screech_78

You’re going to need something in writing OP. In my experience, Apple never confirm a manufacturing fault on paper and if you had purchased from them, I doubt they’d be so adamant you’re due a repair or replacement. 

It sounds like you wear the headphones on a regular basis, so it’s likely the “fault” would have become apparent before now. 

In any event though, you’ll need it in writing that there’s a manufacturing fault. If that’s the case, I doubt a repair would be possible and you’d only be entitled to a replacement if the exact same model is still available through JL. If not, you’d be looking at a partial refund. 

MattMattMattUK

MyRealNameToo said:

mluton said:

Just buy new covers, 3 years usage on any OTH headphones would need replacing IMHO.

Have you seen anyone selling new covers for the headband on AirPods Max? 

A google shows some selling replacement third party bands but they are over £100

Apple sell them for £75, third party options are available for £25 upwards.

https://www.apple.com/uk/shop/product/MWU73ZM/A/airpods-max-lightning-connector-ear-cushions-silver

ThumbRemote

screech_78 said:

It sounds like you wear the headphones on a regular basis, so it’s likely the “fault” would have become apparent before now. 

That's not how inherent faults work, especially since 'durability' is specifically mentioned in the Consumer Rights Act.