John Lewis and Apple *sorted*

[MadgeXXX]

Dear All,

Back on the 28 August 2005 we bought an IPod for No 1 Son, at a cost of £189. No 1 Son has being using the IPod ever since, has uploaded 3.5 gig to the hard drive and has been downloading tunes via ITunes on a regular basis and downloading newer versions of ITunes as and when they become available. In a nutshell he has been using the IPod for its intended purpose. So we go back to John Lewis and explain that we are not very happy, how much to repair? £165!!!!

 

£165!! stunned us in to silence.

 

JL are very apologetic, have offered minor discounts on replacements, and have offered to repair at a cost of £165.

 

We contend that the product should be reasonably be expected to last more than 14 months. That where it can be repaired the cost should be a reasonable cost, not in the region of the original cost. JL are unwilling to provide a replacement, and will not discount the price of repair. To get back to our position of owning a 14 month old IPod we are looking at paying £165 in either repair costs or purchasing new with a minor discount (order of £20 discount).

 

We intend writing to JL setting out our requirements:

 

1. Please repair at reasonable cost

2. Purchase of new IPod with reasonable discount bearing in mind that we have had benefit of the existing IPod for 14 months when we would reasonably expect to replace after three years

3. Full refund

 

I will cite "fit for purpose" etc. If they stick to their principles, can we go and seek compensation from them via MCOL etc?

 

Any advice will be gratefully recieved.

 

To stress, I don't think JL are the problem, I think it is Apple. Also a credit card was used to purchase the IPod - additional protection?

 

Thanks,

 

Madge XXX

[asd120273]

To be honest I think you will find it is Apple are the problem here, my Ipod broke down within 5 months of purchase and I had a right issue trying to get it sorted. I found out from my local Apple dealer that they don't repair your own Ipod, they just send you out another refurbished model. Trying to get hold of Apple is a right royal pain also, your best bet would be to look in the phone book for your local apple dealer and give them a call.

[MadgeXXX]

I think we have solved the problem. However in your case, less than 5 months after purchase then you can legally require Apple to repair or replace your IPod. I am not sure that replacement with one that has broken down before is good enough - essentially you have paid full price for a second hand IPod, for which eBay serves a purpose! Check out the link The Sale and Supply of Goods to Consumers Regulations 2002 and if it is too scary look at the explanatory notes. I am not sure whether or not it is to late to do anything about it in your case but it is worth a try. These things cost around £200 and therefore they should last longer than they are doing!

 

Good luck!

 

Madge

[*lynz*]

Im afraid as someone has already mentioned it is Apple who are the problem here. Every manufacturer must supply a guarantee of one year and in apples case the i pod is sent off and replaced with either a new or refurbished one depending on the purchase date. As an ipod uses a rechargeable battery which is locked inside .the unit it is dificult to replace when it comes to the end of its life. Amost always happening outside the guarantee. What John Lewis have given you is apples cost of a refurbished one direct from apple as they do not repair those sent to them. They do not in the eyes of the law have to do anything for you once the year is up other than offer you a repair/replacement offer which is expensive. John lewis by offering you a discount are doing this purely out of good will and would not get any money from Apple. If it is the battery then it can be repaired by some jewllery and watch repair shops but if it is the hard drive then this is more difficult as Apple do not tend to supply anyone with spare parts. I would suggest you purchase a new one and take out an extended warranty which would cover you after the year and for any cosmetic damage. Im afraid no one will win against companys like apple as you yourself have to stand up in court and protest why you think the product should last longer than a year

[rdobbie]

Apologies for bumping this thread back up, but I've just read it and feel I must comment on this matter having been in a similar position myself with an Apple computer I purchased from John Lewis that only lasted 2 years.

 

To be honest I think you will find it is Apple are the problem here

 

Im afraid as someone has already mentioned it is Apple who are the problem here.

 

They [John Lewis] do not in the eyes of the law have to do anything for you once the year is up other than offer you a repair/replacement offer which is expensive.

 

I'm afraid these statements could not be further from the truth:

 

A. It's got nothing to do with Apple, and everything to do with John Lewis. Your contract is with John Lewis (the retailer) as they sold you the item. It is their responsibility to repair or replace your item. If you believe it's Apple's responsibility then sadly you have fallen for the standard fobbing off which John Lewis dish out to people who take back faulty goods.

 

B. You have statutory rights under the Sale of Goods Act which say that a brand new iPod should last much longer than 14 months (assuming it has been treated with care and in accordance with instructions). A guarantee, or lack of guarantee, has no bearing whatsoever on your statutory rights.

 

Im afraid no one will win against companys like apple as you yourself have to stand up in court and protest why you think the product should last longer than a year

 

Even if your contract was with Apple and not John Lewis, it's quite absurd to make a sweeping generalisation like this.

 

"No one will win"???!!!! If you have a strong case under the Sale of Goods Act there's no reason why you shouldn't win. The law is on your side. The law already says that a high value MP3 player such as an iPod should last longer than a year. Plenty of people win their cases in court under the Sale of Goods Act for faulty goods out of guarantee. Have you actually read this forum?

 

It genuinely saddens me that people have these huge misconceptions of their legal rights, and are prepared to pass these misconceptions on to others. I only hope the OP ignored the weight of misleading and incorrect advice given in response to her query and sought redress from John Lewis.

[itsamomentintime]

Apologies for bumping this thread back up, but I've just read it and feel I must comment on this matter having been in a similar position myself with an Apple computer I purchased from John Lewis that only lasted 2 years.

 

 

 

 

 

 

 

I'm afraid these statements could not be further from the truth:

 

A. It's got nothing to do with Apple, and everything to do with John Lewis. Your contract is with John Lewis (the retailer) as they sold you the item. It is their responsibility to repair or replace your item. If you believe it's Apple's responsibility then sadly you have fallen for the standard fobbing off which John Lewis dish out to people who take back faulty goods.

 

B. You have statutory rights under the Sale of Goods Act which say that a brand new iPod should last much longer than 14 months (assuming it has been treated with care and in accordance with instructions). A guarantee, or lack of guarantee, has no bearing whatsoever on your statutory rights.

 

 

 

Even if your contract was with Apple and not John Lewis, it's quite absurd to make a sweeping generalisation like this.

 

"No one will win"???!!!! If you have a strong case under the Sale of Goods Act there's no reason why you shouldn't win. The law is on your side. The law already says that a high value MP3 player such as an iPod should last longer than a year. Plenty of people win their cases in court under the Sale of Goods Act for faulty goods out of guarantee. Have you actually read this forum?

 

It genuinely saddens me that people have these huge misconceptions of their legal rights, and are prepared to pass these misconceptions on to others. I only hope the OP ignored the weight of misleading and incorrect advice given in response to her query and sought redress from John Lewis.

 

but surely JL will just return it to apple, who will send out a refurbed machine???

[Bookworm]

We don't know that that is the truth, though, do we? I mean, poster was giving out some really poor advice as regards the consumer's rights, so I wouldn't necessarily believe the statement about refurbed items without some proof. I am not sure it rings too true either, IMO.