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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor
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I purchased an ipad from PC World on 16/01/2013. On the

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Hi I purchased an ipad from PC World on 16/01/2013. On the 15/10/2015 it stopped working completely, I took the ipad back to PC world and asked for a free of charge repair or replacement or refund under the EU Consumer directive on defective goods which has a six year claim period. I was told I must get the ipad inspected by the Apple Genius Bar, which I did. However PC World are reluctant to abide by the EU Directive.
What am I entitled to and how can I get them to conform to EU Law
Tom Stirzaker
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. What is the fault with it?
Customer: replied 2 years ago.
the ipad will not switch on, the report says its is a logic board failure
It is best not to get distracted by EU Directives because their application to each country is not direct and can vary depending on how it has been adopted. The EU issues various laws and directives and then it is up to each member county to determine how to implement them into their local legislation. So what happens is that directives are issued and eventually they are implemented through various laws in each country. So when you rely on your consumer rights do not rely on a EU Directive because this would exist in some way or another under local legislation and this is what they will really be bound by. In your case, when a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002. The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. The only time action can be taken against the manufacturer is under a manufacturer's warranty or guarantee. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods. If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights: 1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase, so must not be delayed. 2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience. A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale. As you appear to be too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses. There is still a time limit of 6 years to make a claim in court if needed. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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