Anybody got experience in UK/Irish law?

Discussion in 'iMac' started by Sunshinediver, May 11, 2018.

  1. Sunshinediver macrumors newbie

    Sunshinediver

    Joined:
    May 11, 2018
    #1
    I've got a 27" late 2015 imac, originally purchased through very.co.uk in April 2016. This imac had a number of faults and clocked up six trips to the apple store with a recurring hardware fault. At this point I should probably point out I'm a photographer and the imac is crucial for work. I was without it a long time.

    Apple eventually replaced the imac with a brand new one in April last year. In the year warranty period the screen has been replaced due to it being faulty and the software has been wiped and replaced due to bluetooth connectivity problems.

    It's just a month out of warranty and the logic board has now died. I called up apple and they aren't willing to pay for repair, and have told me to go down the consumer law path. So I chased up very.co.uk and they told me the liability sits with apple because they have replaced the original product with a new one, the mac they replaced it with is from ireland, and therefore voids any UK law claim.

    I got back to apple on this and they are actively trying to prolong talking to me on the phone about this. Does anyone have any advice they could give me?

    Please refrain from the obvious 'should of got applecare' comments, I know I should of, but I'm a recent uni grad trying to make it as an artist and I can't afford dinner sometimes. The struggle is real my friends.

    Any help is appreciated.

    Thanks
     
  2. yey365 macrumors newbie

    Joined:
    Jul 2, 2004
    #2
    You may have some grounds under EU Directive 1999/44/EC (if it is still valid), which includes the following section:

    "If a defect appears during the first six months following purchase the consumer will not have to prove the product was defective at the moment of delivery. The onus will be on the seller to prove the product was without defect. A consumer will have up to two months following the discovery of the fault to inform the seller. If a defect becomes apparent within the two, or one year, period depending on the type of goods, then the consumer has the right to choose a remedy using the following hierarchy. They can

    · Demand repair or replacement within a reasonable time and without any significant inconvenience. (Free of charge repair refers to the necessary costs to bring the goods “back to conformity”)

    · If this is impossible, unproportionate or cannot be done within a reasonable time or without significant inconvenience then the consumer can demand a price reduction or can rescind the contract (though not if the defect is minor)."

    All these rights are free of charge to the customer.
     
  3. Sunshinediver thread starter macrumors newbie

    Sunshinediver

    Joined:
    May 11, 2018
    #3
    Thanks for the response. Apple are now saying that the imac they gave me as a replacement was a 'gift' and therefore isn't valid for a consumer law claim. I wasn't notified of this and there were no t&c's given to me when they replaced the mac.

    Do I have a leg to stand on or am I knackered?
     
  4. rjtiedeman macrumors 6502

    Joined:
    Nov 29, 2010
    Location:
    Stamford, CT
    #4
    A GIFT. WOW... “Who says Apple can’t inovate anymore.”

    1. Apple Care is a good deal. It helps a little. It is definitely not perfect.
    2. How much is the repair?
    3. How much time and cost can you afford fighting this in court? Apple can afford to drag this out for years. If they replaced every bad product they couldn’ afford the glass donut they built.

    It really sucks to get knackered by people you thought were top drawer but Life is too short... move on.
     
  5. MadDane macrumors 6502a

    Joined:
    Apr 5, 2015
    #5
    It is clearly not a gift. It is a replacement unit for another faulty device. When a device is replaced it is effectively a new unit and therefore a new warranty period begins. All I can suggest is that you should be friendly but firm with them and if it doesn't help then ask to speak to a manager. I am sure someone at Apple knows what's right and will help you out.
     
  6. Bertrude macrumors member

    Bertrude

    Joined:
    Aug 2, 2010
    Location:
    England
    #6
    Some info here:

    https://www.apple.com/ie/legal/statutory-warranty/
    https://www.apple.com/uk/legal/statutory-warranty/
    https://www.apple.com/ie/legal/warranty/products/uk-ireland-universal-warranty.html

    To the best of my limited knowledge, you'd normally expect the retailer to deal with this but I'd imagine if Apple have already replaced it then it's on them to ensure it's fit for purpose and it clearly sounds like it's not. Like MadDane suggests, I'd keep on with Apple and try to politely escalate it if you can or contact a consumer organisation for specific advice. Maybe citizens advice might help?

    https://www.citizensadvice.org.uk/consumer/
     
  7. nambuccaheadsau macrumors 68000

    nambuccaheadsau

    Joined:
    Oct 19, 2007
    Location:
    Nambucca Heads Australia
    #7
    A replacement unit assumes the original device's warranty period which has now expired. Suggest you go to an Apple STore and request toi speak to the manager and explain your problem and ask nicely what they can do to help you.
     
  8. iGeek2014 macrumors 68020

    Joined:
    Jun 29, 2014
    Location:
    === Nowheresville ===
    #8
    13 months isn't a reasonable length of time regardless of when the warranty expired (for anyone else who reads this: if you get a replacement the original item's warranty is still in 'force'; you don't start from zero again unfortunately).

    I don't know if you're registered to use the forums over on MSE but I'd pose your question here:

    https://forums.moneysavingexpert.com/forumdisplay.php?f=173

    As there are some very helpful people on there who may also be able to help.
     
  9. madeirabhoy macrumors 6502a

    Joined:
    Oct 26, 2012
    #9

    I'm very surprised as my only experience of a similar issue with apple got exactly the opposite response. I wasn't even allowed to go down the uk consumer law route as I bought the imac in Portugal, it was one of the 2011 models that had lots of problems, and I thought it was the graphics card issue which apple were fixing out of warranty but the apple authorized repair centre said it was the screen.

    I phoned apple, and not speaking enough Portuguese got put through to apple Ireland. explained it, they checked and said whilst consumer law in uk (6 years England 5 in scotland) would cover it Portugal is only 2 years and it was 4 at that stage. I got put through to a manager who offered to phone the repair centre and see if he could talk the cost down a bit as I was quoted €600. he phoned me back a couple of hours later to say he couldn't get anyone to answer at the repair centre so he'd just decided apple would cover the whole thing.

    when they went to do the repair the graphics card failed and so they replaced the card and screen for free.

    either call them again and ask for a manager, or as someone else said go to an apple store and speak nicely to them.
     

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