Apple ignoring consumer law - where do we stand?
Apple ignoring consumer law - where do we stand?
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djneils98

Original Poster:

339 posts

172 months

Thursday 25th May 2023
quotequote all
Bit of a strange one but last Thursday my teenage daughter thought she had lost the pods of her airpod pros (the bits you stick in your ears that make the sound but not the case)
She was distraught so my partner contacted Apple and they said they could send replacements at a cost of £180.
Later in the day my daughter found the missing pods so we called Apple to cancel and was told it by the Apple chap on the phone that the order was cancelled.
The next day (last friday) however the supposedly cancelled order of the pods arrived.
My partner contacted Apple again to return them (they are unopened in a sealed box) and now Apple say they will not accept a return as they class what has happened as a completed repair and are not obligated under uk law to refund!!
We have spent an hour and a half on the phone arguing how ridiculous this is to no avail. I cannot see how they can legitimately claim that ordering replacement parts for these airpods is a 'repair' and why they are not willing to take sealed, unopened parts back.
What do people think and what courses of action are there? There is no complaints department and we have been told in no uncertain terms to FO by Apple now.

Grumps.

16,899 posts

58 months

Thursday 25th May 2023
quotequote all
Have you been and spoken to a person in the Apple Store to explain the situation?

Having said that, you could just keep the new ones for when she loses them again.

sugerbear

6,268 posts

180 months

Thursday 25th May 2023
quotequote all
That the spare part you ordered is no different to anything else you order online. You have a right to return it.

MustangGT

13,657 posts

302 months

Thursday 25th May 2023
quotequote all
sugerbear said:
That the spare part you ordered is no different to anything else you order online. You have a right to return it.
This. Distance selling regulations mean you can return it without even giving a reason. You will probably have to pay the return postage.

OutInTheShed

12,942 posts

48 months

Thursday 25th May 2023
quotequote all
sugerbear said:
That the spare part you ordered is no different to anything else you order online. You have a right to return it.
May not apply to bits you stick into your body orifices?

Or to bespoke parts? Are these matched to the transmitter by Apple?

vaud

57,876 posts

177 months

Thursday 25th May 2023
quotequote all
A polite, short email to:

Mark Rogers, Vice President Western Europe, rogers.m@apple.com

Might help. Keep it factual. Explain what happened and what you want (refund)

His exec team will pick it up and pass to customer services. Emails from the office of the CEO get assigned to a more senior manager.

BoRED S2upid

20,957 posts

262 months

Thursday 25th May 2023
quotequote all
Just pop them into your nearest shop. I’d like a refund for these please. Thanks. Bye.

djneils98

Original Poster:

339 posts

172 months

Thursday 25th May 2023
quotequote all
Appreciate all the replies and advice
Bit too far from an Apple store to risk trying to return there.
Will try emailing that apple head guy someone gave the email for.

In Apple's terms of service it says under the refunds section that "Apple does not provide refunds for service orders" and that's what they are classing this as.
There is no reasoning with them - i called as them today and got passed up the chain a couple of operatives to be bluntly told that there'd be no refund and that was that.
They told my partner earlier today the same and threatened to terminate the call (and she was not in any way being rude to them!) for just stating the obvious that we had for all intents and purposes purchased 2 brand new physical items from them that are boxed and sealed and in no way could that be called a 'repair' to dodge UK law.
Until this incident I loved Apple as a company - we've had iPhones since the iPhone, got 2 MacBooks, iPads, Apple tv, multiple other headphones and then now we want to return a relatively minor purchase completely unsued and get stonewalled. I am actually quite shocked at this.
We have contacted the credit card company who are going to investigate as I believe they are joint liable under UK law but they said it could take several weeks. Beyond that is the small claims court I guess?

vaud

57,876 posts

177 months

Thursday 25th May 2023
quotequote all
Struggling to see why this is classed as a repair and not a new order.

BobToc

1,931 posts

139 months

Thursday 25th May 2023
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I had a massive argument with them over the replacement of a lost ear bud. They charged £85 from memory, and then I found one on eBay for £45 so went with that. Apple refused to allow a return of the now superfluous earbud, despite literally hours of calls. I was fortunate that I eventually found a guy on the phone who told me to reject deliver when it arrived (I realise this is now no help to you) and I eventually received a refund.

BobToc

1,931 posts

139 months

Thursday 25th May 2023
quotequote all
Long shot, but you may want to make a subject access request to get a copy of any audio files and transcripts of calls with customer services to try and confirm that the order was cancelled.

djneils98

Original Poster:

339 posts

172 months

Thursday 25th May 2023
quotequote all
vaud said:
Struggling to see why this is classed as a repair and not a new order.
me too! it's bonkers

Voldemort

7,196 posts

300 months

Thursday 25th May 2023
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Did you pay with your credit card?

mcpoot

1,266 posts

129 months

Thursday 25th May 2023
quotequote all
Follow Apple's complaint process as far as you can as well as emailing the executive previously referred to.

You may very well have success with the credit card company but if not ultimately you can then refer it to the Financial Ombudsman

djneils98

Original Poster:

339 posts

172 months

Thursday 25th May 2023
quotequote all
BobToc said:
Long shot, but you may want to make a subject access request to get a copy of any audio files and transcripts of calls with customer services to try and confirm that the order was cancelled.
funnily enough that might be a good idea - today they denied that my partner was told in the initial call last thursday that the refund had gone through when she was told that. (that was before we received them the following day)

The other thing is that it's not really possible to complain to Apple - no complaints email or number and I'm not sure who i'd write to or email for a subject request - not.done one before

djneils98

Original Poster:

339 posts

172 months

Thursday 25th May 2023
quotequote all
mcpoot said:
Follow Apple's complaint process as far as you can as well as emailing the executive previously referred to.

You may very well have success with the credit card company but if not ultimately you can then refer it to the Financial Ombudsman
They told me there is no complaint process beyond a feedback form on their website
I will email that exec and the bloke at the CC company did seem to be surprised at what they were doing

Hugo Stiglitz

40,535 posts

233 months

Thursday 25th May 2023
quotequote all
BoRED S2upid said:
Just pop them into your nearest shop. I’d like a refund for these please. Thanks. Bye.
My 12yr old son ordered a £300 apple watch on apple online. It'd arrived, I saw it (unopened) and he pointed me to the wording 'return not accepted on this item'.

I took it straight back to a apple store. Still unopened and it was refunded on the spot, not even a question raised.

I do do this or raise a charge back.

djneils98

Original Poster:

339 posts

172 months

Thursday 25th May 2023
quotequote all
Hugo Stiglitz said:
My 12yr old son ordered a £300 apple watch on apple online. It'd arrived, I saw it (unopened) and he pointed me to the wording 'return not accepted on this item'.

I took it straight back to a apple store. Still unopened and it was refunded on the spot, not even a question raised.

I do do this or raise a charge back.
The Apple store is a 2hr+ round trip away so not sure I want to gamble paying 30 quid for fuel and my time driving there unless I am confident they will help and have explored other options. The attitude they've had in 2 separate phone conversations does not fill me with hope!
How does a charge back work - can you do that on credit card or is it a debit card thing?

BoRED S2upid

20,957 posts

262 months

Thursday 25th May 2023
quotequote all
Hugo Stiglitz said:
BoRED S2upid said:
Just pop them into your nearest shop. I’d like a refund for these please. Thanks. Bye.
My 12yr old son ordered a £300 apple watch on apple online. It'd arrived, I saw it (unopened) and he pointed me to the wording 'return not accepted on this item'.

I took it straight back to a apple store. Still unopened and it was refunded on the spot, not even a question raised.

I do do this or raise a charge back.
Exactly.

Op send me a receipt and the goods and I will refund them in Liverpool for you. You are going to get nowhere speaking to them as they know the back story present a receipt and the goods and at worst you are going to get credit they won’t give a st in the shop.

BobToc

1,931 posts

139 months

Thursday 25th May 2023
quotequote all
djneils98 said:
The other thing is that it's not really possible to complain to Apple - no complaints email or number and I'm not sure who i'd write to or email for a subject request - not.done one before
“Amusingly” you can make a subject access request of literally anyone at Apple and it’s the responsibility of Apple to make sure it’s dealt with appropriately. I set the ICO on a US company that refused to even answer my request and got it dealt with quickly thereafter.