faulty iPod battery

[Alli-Claudia]

In October I bought a refurbished 20 GB Apple iPod as a Christmas present for my husband. We did not use it until Christmas, but found that it would not hold the battery charge for more than 14 hrs, and only gives two hours continuous play if used immediately after charging.
The description and also the invoice stated that "refurbished items may have minor cosmetic faults which do not affect performance".
When I asked for a refund or repair, I was told that there is no warranty on batteries for refurbished items (as stated in their small print). When I pointed out, that this was not a warranty issue, but that the iPod was not of satisfactory quality, I was told that 2 hrs play was more than enough. The iPod cost �115, if I buy a battery and have it fitted it would cost about another �50. For that price I could have bought a new product with better specification.

What can I do?

[pauln90]

Usually refurbished goods come with a guarantee although this may not be as long as the warranty on a brand new item.Did the sellers advertise any warranty with this product.

When manufacturers say no warranty on batteries I was under the impression that this related to appliances that use disposable batteries.On an ipod the battery is an integral part of the device, Indeed Apple when confronted with a defective battery on a new ipod usually just replace the whole item as the battery is not a quick replacement.

It would appear that this item despite being sold as a refurbished product did have an inherent defect and you should recontact the seller,ask to speak to a manager and insist that they either replace - preferably- the item, or arrange for a new battery to be installed.

If the description stated that it may have cosmetic defects that "Do not affect the performance" then clearly you have a case.

Good luck

[Buenchico]

I'm wondering if a lawyer would say that you've never legally 'accepted' the iPod. I'll try to explain:

When you purchase any item, whether new or re-conditioned, you're entitled to a full refund if it's found to be faulty before you've 'accepted' it. In most cases, this just gives you time to get it home and check that it's working. Sometimes, however, the pre-acceptance period can be much longer. For example, someone might buy a hi-fi system which appears to be fully-functioning. (e.g. the CD-player and radio both work perfectly). However, several months after purchase, the owner tries out a function which he's never used before (e.g. using the system to amplify a signal from an external source). If it doesn't work (and is unlikely to have done so from the date of purchase) a court might rule that the purchaser had never fully 'accepted' the item and was therefore entitled to a full refund.

That example was fictitious but I've seen a case reported where a woman was able to get a full refund when she discovered (at the beginning of summer) that the air-conditioning wasn't working on the car she'd purchased during the previous winter. (A court agreed that she'd never 'accepted' the car). It's possible that an argument could be put forward that you bought the item as a Christmas present and it quickly became apparent, around Christmastime, that the item was not 'fit for purpose', so there was no point at which you've ever 'accepted' it. In which case, you're entitled to a full refund.

Whether that will help you depends upon your ability to convince the store manager of your determination to pursue your legal rights. Sometimes, however, a different approach is required. Take a look at the latter part of my post here:
http://www.theanswerbank.co.uk/Law/Question362 412.html

Chris