Bought an iPad Pro 10.5 on eBay, Seeking Advice on Consumer Protection Laws

L[Deactivated] on 19/01/2020 - 12:13
Last edited 19/01/2020 - 12:49 by 1 other user

Hello everyone,

I bought an iPad Pro 10.5 from this eBay store in June 2018. It has since developed the "white spot" problem, which seems to be a manufacturing defect that has been reported by others who own this same model.

https://www.ozbargain.com.au/node/489131#comment-7830366 suggests that I may still be eligible to request a refund/replacement.

They no longer stock the product. The ACCC website says I should contact the retailer.

How should I word the eBay message?

Sorry if this post is all over the place.

Computing Apple Tablet

Related Stores

eBay Australia big_yard
eBay Australia big_yard

Comments

  • whooah1979 on 19/01/2020 - 12:15
    +1

    eBay store in June 2018.
    Member since: 22-Jun-09 in Malaysia

    This item is out of manufacturer warranty. The seller can also refuse to provide a remedy.

    • [Deactivated] on 19/01/2020 - 12:25

      I see. I didn't know about any of this when I bought it unfortunately.
      I might try message anyway. You never know.
      Thanks for the info

  • mariosensei on 19/01/2020 - 12:17
    +8

    Seller is based overseas and this is ebay. Why not contact Apple directly? I think your chances are better with Apple

    • [Deactivated] on 19/01/2020 - 12:24

      I booked an appointment and they said they could only replace the screen for a price that isn't worth it, since I don't have AppleCare.

      Thanks for the info anyway

      • mariosensei on 19/01/2020 - 12:38
        +4

        Try to insist it's a manufacturing defect and you expect for the screen to work more than 20 months for the price. They may fix it under warranty. Good luck

        • capslock janitor on 21/01/2020 - 11:02

          I've heard people get free replacements so easily, but I never had that luck, they just reduce price of cost as resolution :( I'm jelly people who went in a got brand new iPhones

      • ONEMariachi on 19/01/2020 - 13:58
        +5

        Whinge harder dude. I’ve had Apple replace my stuff for the dumbest reasons. They’ll do it, you just need to whinge a bit more.

        • Melb69 on 19/01/2020 - 14:06
          +1

          Totally agree with complaining more. You may at the very least get the repair at closer to cost price or the like. Even better if they replace. I feel that Apple are starting to be like any other company and push back any warranty items and just wanting the consumer to go away.

        • lint on 20/01/2020 - 11:51

          That's true provided they weren't grey imports. Apple can often be persuaded to repair it for free largely because they have to under the ACL if the issue is due to a manufacturing defect.

          But some people mariosensei suggests this is a grey import with the seller based overseas, in which case Apple has no obligation outside their standard 1 year warranty (outside Australia).

          If it is a grey import, OP can still try to convince Apple to repair it for free, but it'll be much more difficult when they're not bound by the ACL. The only other avenue to is to ask the seller.

          It's always worth keeping potential warranty claims and the seller's reputation in mind when purchasing from overseas sellers that offer the same thing for cheaper.

          • ONEMariachi on 20/01/2020 - 19:05

            @lint: Yeah, he may fine it more dificult, but when I was a teenager, I managed to get them to replace an Ipod Classic I had dropped into the sink, for free. If he puishes enough, it will happen.

      • akyeeeahdude on 19/01/2020 - 16:08
        +1

        Try harder - push them under ACL.

        20 months is still within their own 24 month ACL warranty period - assuming it's Aus stock you bought.

        https://www.apple.com/au/legal/statutory-warranty/

        • whooah1979 on 19/01/2020 - 17:43
          -2

          1 year from date of purchase for all other Apple products

        • Wonka on 20/01/2020 - 07:49
          +3

          No idea why this is getting downvoted. Relevant text:

          “Australian consumer law reasonable period from date of delivery until the failure becomes apparent

          Without limiting consumers’ rights, Apple will provide its own remedies equivalent to those remedies in the consumer guarantee provisions of the Australian Consumer Law at any time within 24 months of the date of purchase. For the avoidance of doubt, Apple acknowledges that the Australian Consumer Law may provide for remedies beyond 24 months for a number of its products.”

          Perhaps some people don’t know that Apple had to capitulate to Aus law.

          Apples limited warranty is less than what you are provided under Aus consumer law. Which is why this block of text is there. It’s confusing because Apple still talk about their limited 1 year warranty as if that’s it but it’s not.

          For the OP though, if you bought a grey import, sorry dude, I think you’re screwed.

  • MS Paint on 19/01/2020 - 12:40
    +7

    Overseas model so not protected by ACL. 12 months international warranty has long gone. I'm guessing you're going to have to pay up.

  • Hithere on 19/01/2020 - 12:44
    +4

    When you buy anything on eBay, especially from an overseas company, assume that there is no warranty.

    • AbsX on 19/01/2020 - 16:42

      You get what you pay for if you buy overseas products, less after market support or recourse if things go wrong

  • Hithere on 19/01/2020 - 12:50
    +2

    Big Yard have feedback of 93.5% that is terrible feedback especially when spending big money on a phone.

    Wouldn't touch them with that rating.

    Have a read here about this company.

    https://forums.whirlpool.net.au/thread/3mnkr679

    • MS Paint on 19/01/2020 - 12:55

      phone

      IPAD pro

      • [Deactivated] on 19/01/2020 - 12:57
        +3

        The whirlpool thread Hithere linked was about mobile phones specifically, but I think he/she linked it just to show that others have had bad experiences with big_yard

      • Hithere on 19/01/2020 - 12:58
        +1

        Oops. Apologies, but the same principle :)

    • kingmw on 19/01/2020 - 13:08
      +1

      OP did receive the item and used it for 20 months.

      Not sure why you would blame the seller when it is clearly a manufacturing problem that Apple is aware of.

  • brendanm on 19/01/2020 - 14:29

    Big yard are ultra dodgy.

  • OzHunterNSW on 20/01/2020 - 14:27

    Contact whom you purchased from… eBay is simply the go between

  • ozbjunkie on 20/01/2020 - 14:46

    Grey import so no recourse with the eBay seller under ACL.

    complain to Apple until you get what you want.

    • HeWhoKnows on 20/01/2020 - 19:11

      Apple wont back the item unless its purchased from one of thier offical distributors - Good luck!
      And its outside warranty anyway

      • ozbjunkie on 20/01/2020 - 23:26

        Rip. I'm not an apple user. I know not of their magic.

  • HeWhoKnows on 20/01/2020 - 19:09

    OP bought on ebay
    Forget about any consumer law or warranty outside the standard eBay and PayPal claim period. Nothing else is enforceable.
    Lesson learnt - only buy new products on ebay from official Australian distributors and retailers if you want consumer protection.
    This is why products cost more to buy in Australia - you are covered!

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