iPad that is not turning on after 3yrs - what are my rights?

[bouldrd]

I purchased an iPad Pro three years ago directly from the Apple Store and have used it regularly without any issues, including no noticeable battery problems over time.

 

However, one morning, the device wouldn't turn on despite my attempts to fix it using online advice.

 

I contacted the Apple Genius team, who quoted me over £400 for an out-of-warranty replacement. When I tried to claim a replacement under my consumer rights, I was informed that I needed to prove that the device was faulty from the factory.

 

Unfortunately, since the device doesn't turn on, there's no way to run a diagnostic and provide such proof.

 

What options do I have?

[BankFodder]

You don't need to prove that it was defective at the time it was sold.

 

You sellers obligation is to provide you with goods which are of satisfactory quality and which remain that way for a reasonable period of time.

Reasonable period of time depends on the kind of good you are dealing with, the price paid, and any other claims made for it at the time of sale.

 

I can't imagine that if Apple advertised their iPads as being great for 3 years and after that requiring a 400 pound repair that they would sell any at all

 

I'm not basis, it doesn't seem to me that your iPad has been satisfactory quality for a reasonable period of time – reasonable being the reasonable expectations of the reasonable consumer.

 

Of course, persuading apple, but this actually is the law rather than there facile definition is going to be difficult.

 

You have had 3 years use of the iPad. You need to know what the reasonable life expectation of an iPad should be and then subtract 3 years is a proportion of its value.

That calculation will inform you as do the kind of money you are looking for if you make a claim

 

 

[bouldrd]

I wanted to say thanks for your advice on my faulty iPad issue. It is really helpful and gives me some direction on what I should do next. But I still have some questions, if you don't mind.

Do you reckon I have a chance of winning this thing, based on what I told you? I know it's not cut and dry, but any opinion you have would be appreciated.

Also, is it worth the hassle of pursuing this legally? I'm worried it could end up being expensive and time-consuming, so I want to make sure it's worth it before I dive in.

Lastly, if I do decide to go down the legal route, how would I even start? Would it be through the Small Claims Court or some other way?

Thanks again for your help, and I hope to hear from you soon.

[bouldrd]

Quick update.

After sending an email to Apple, explaining their obligations as a seller and referring to Consumer Laws in the United Kingdom, I received an update from them. They simply directed me to an official page on their website that provides details about what consumers are entitled to under the consumer laws. You can find the information at the following link:

Apple Legal - Legal - Apple Products and Consumer Laws in the United Kingdom - Apple

WWW.APPLE.COM

.

I find the paragraph below to be particularly contentious:

Quote

"If any defect or non-conformity of the goods with the contract becomes apparent within 6 months of delivery, it is presumed to have existed at the time of delivery. After the 6-month period, the burden of proof regarding the existence of the defect or non-conformity generally shifts to the consumer."

 

Their own interpretation of the law appears contradictory. Furthermore, how can one ever prove that a defect existed at the time of delivery? 

[dx100uk]

no that is quite correct under CRA

 

outside of 6mts its down to the consumer to prove, via an independent report, their claim.

 

 

[bouldrd]

In this situation, the iPad is not responding and conventional diagnostic tools are ineffective. Is the fact that it does not turn on at all not enough evidence? If not, I am not quite sure on how to obtain an independent report?

[dx100uk]

take it to a local expert.

 

i know you say you've tried the online stuff but how far did you go?

 

did you use an inline USB diagnostics tool to see if its drawing a charge?

99% of failures are due to the battery and if you've not regularly cycled the battery charged/to flat over its usage since you've had it say once a month, it'll need a new battery . most fixers are quite capable of changing the battery on an iPad Pro