Consumer rights advice required

worm_tongue

Hi all,
I have a consumer rights issue that I need some legal advice with. Apologies if this post is in the incorrect section.
Below I will outline my issue all advice would be greatly appreciated.
I purchased a Bowers & Wilkins Zepplin speaker system from the ITunes online store. The speaker system has now stopped working for no apparent reason.
I have contacted Apple and they told me that the issue had nothing to do with them and I should go to the Bowers & Wilkins web site and contact them directly.
I was informed by Apple that under Irish consumer law, that after 28 days from the delivery date Apple had no responsibility to me.
Is this correct?
I would have assumed that under Irish consumer law my contract is with Apple not Bowers & Wilkins. As I purchased the product from the ITunes web site. Thus Apple would have a legal obligation and responsibility to me.
All I wanted to do is get the item repaired or replaced asap but I found the attitude of Apple both surprising and disappointing. The question I would like answered is are Apple correct and do I need to contact the manufacturer directly?

bigbadbear

Quick answer: Apple are having you on. It's apple's problem as they sold you goods that are 'not of merchantable quality' Their warranty probably expires after 28 days but warranty is not what your claiming under. your contract is with apple!

Millicent

Apple are indeed the responsible party if there is a fault with it and they are BSing you if they tell you otherwise. How long ago did you purchase it?

Even if they are ignoring the section of the Sale of Goods Act which says that products must last for a reasonable time, a warranty is generally accepted to be good for a year. Really don't see how they are chancing this one.

Ask them to forward you the section under Irish law where it says they are responsible for only 28 days. Betcha they can't!

worm_tongue

Thank you both for the prompt responses.
I have been checking my records and I purchased the product 16 months ago. So I believe the product is no longer under manufactures warranty.
What negative implications does this issue have for me regarding getting Apple to repair/replace the unit for me?
Can I force Apple to take back the product and get it repaired as the products is not of merchantable quality? Or given that I purchased the product 16 months must I go get the product repaired with no assistance from Apple?

Millicent

Ring the National Consumer Association and they should be able to give you an estimation on what would be a reasonable amount of time to expect your speakers to last for. If it is longer than 16 months, Apple have no choice but to offer you a repair, replacement or refund. Out of curiosity, how much was the speaker system? (The price will usually influence the expectation of life span.)

If you choose the repair, it must be permanent. Otherwise you are entitled to a refund or replacement. Good luck.:)

worm_tongue

The price of the speakers was €600 inclusive of 21% VAT so it was a very expense purchase.
Thanks

dudara

I would expect a purchase like that to reasonably last 5 or so years. 16 months is not an acceptable lifetime for a product of that calibre.

Inform Apple that your contract is with them, that you consider the goods to be still within their reasonable lifetime and you wish to have a replacement, refund or repair. Furthermore, let them know that if they do not address this issue to your satisfaction within 10 working days, that you will be initiating a case in the Small Claims Court.

There is one big assumption here - that you have not done anything to damage the speakers.

Nody

I'm not sure I'd buy 5 years but strictly speaking your contract is with Apple, no question there. How ever I'd drop by the page any way and lodge the claim for the simple reason that it may speed things up for a satisfactory resolution (you'd only real need Apple in case of refund etc.).