Dying iPod Classic (5th Gen)

[bigblue235]

if your statutory rights are that "good conform to a contract" then Amazon's conditions of contract (i.e. the contract you're hoping to have your goods conform to) are of paramount importance!...(snip!)

They would be of paramount importance if you were making a claim based on a warranty/guarantee that Amazon offered, but that isn't applicable in this instance as the warranty has expired. In this case neilmistry would be making a claim that the goods do not conform to the Contract of Sale as they do not meet the criteria in the SOGA.

I'd say the common belief that rights end after 12 months is mainly due to poorly informed consumers who seem to think their rights are limited to their 'warranty'. I don't think this is readily presumed by anyone else, so I don't think it's too hard to fight against.

Amazon still won't accept that they are liable, saying they disagree with my interpretation of the EU law. They have said that they will reconsider if I get a report from Apple (or an independant engineer) and only if they say it was defective at the time of purchase

They're entirely correct, I'm afraid. Regardless of if you're using EU or UK law, there is no automatic presumption that goods of this age are faulty. If a defective item is less than 6 months old, it is presumed that it was faulty when sold and it's down to the retailer to demonstrate otherwise. After this 6 month period the responsibility falls to the consumer to demonstrate why the item is faulty (the Reversed Burden of Proof). If you get a report in your favour and Amazon accept it, they will be obliged to cover the cost of your report as well as compensate you.

 

[Sonic Dreamer]

Hi Neil,

I'd try getting another Genius Bar appointment at an Apple Store again (maybe a different one?). In September 2010 I had a situation where I had an iPod Touch 32GB, which was 2 years old (i.e. well outside the warranty period), but the headphone port had developed a fault and it was affecting the sound through the headphones. The Genius Bar person run it through a diagnostic process and identified a few other things like the battery performance was less than it should have been.

Due to this they offered me a replacement (I think reconditioned, but essentially new) iPod Touch 32GB for like £59.00!! This was good deal really as a brand new one would have cost me over £240.00.

I guess it does depend on who serves you and how magnanimous they are feeling, but I've consistently had good experiences with the Apple Store staff.

BTW, I didn't have an Apple Care package either.

Cheers,
SonicD

 

[landzw]

This was covered by the Gadget Show a few weeks back.

The seller is responsible for your item upto 5 years and you don't even need a receipt, as long as you have proof of purchase like like credit card bill or online shopping history with the company you can take the item back to the seller.

Neilmistry the short life span in any product can happen to anyone regardless of make its the after care which is most important

 

[neilmistry]

Thanks for all the suggestions but I don't have the time (due to a new born baby) to pursue this any further. Amazon clearly didn't want to know. In the end I've had a new 16GB Nano as my Christmas present. In fact I bought 3 - 1 for me, 1 for my wife and 1 for her mum. The Classic still plays and I will use that on my Zeppelin, and the Nano will ideal for commuting by train - I still can't get over how small it is!