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Returning a bundled free product


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Hi,

 

I signed up for a 12 month audio book club subscription and as part of that, received a free Apple iPod Shuffle.

 

7 months on, the battery appears to be failing: plugging the device into the PC and leaving it connected results in the device constantly being found and lost, and then Windows refuses to recognise it any more.

 

This had been going on for a while however it has now given up completely.

 

Viewing the help section on the audio book club website I find this:

 

"In order to fully ascertain whether the iPod Shuffle is faulty we ask that you call Apple support directly as they have the expertise to troubleshoot any issues you have (and in the majority of cases can offer a resolution to the problems). If they believe there is a fault with the iPod then they will give you a fault reference number and should replace the iPod Shuffle directly under the manufacturers warrantee."

 

Am I right in thinking that I just ignore this and send it back to the book club for a replacement, since the party liable to replace it is the original party since a free bundled product working properly forms part of the contract with that club, and has little to do with Apple?

 

Mark

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Correct.

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However, if you do not follow the recommended route, it may take considerably longer to process, as the club will have put in proceedures to ensure their members recieve the faster turn round from the repair company, than if you went the traditional route.

 

Providing you follow their recommended proceedures, there's little to gain from trying to buck the system. And if it takes an age, they'll simply say the delay was because you didn;t follow their instructions. After all, does it cost anymore to send it to their alternative address?

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The thing is you did not pay for it, ie purchase an ipod, it came free! so you have no consumer rights, but you will have rights under the terms of the contract you have with them so follow their directions, but if it is not resolved it may be a lengthy procees to get satisfaction.

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However, as it was 'free' the club is not responsible for the value their potential customer put on it. A 'persuasive inducement' is just thatbut at it isn't a retail sale, and the second line of attack is SOGA, as it doesn;t apply in this case. However, all this is conjecture, there is no issue of the OP being left with an unworkable 'gift' - they've explained what needs to be done to reach a resolution, and as they've (I imagine) had plenty of complaints about them, it'll probably be the last Applie 'inducement' they use, and that they've arranged a fast-track repair process to sort things out., Can't really say fairer than that!

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