Apple iPad 2 & Comet Saga Update

In this article I would like to bring you an update about the issues I have had getting a resolution to my faulty Apple iPad 2. I won't go over old ground, other than to say if you want to know what the issue's were you can read my first article here. There will also be a follow-up article to this one, as I am awaiting Comet's official response to what happened, so keep checking back for an update.

I would also like to begin by saying a big thank you to all my followers and for your encouraging words and tweets. If I missed any of you personally, thank you!

Pretty early on in my problems with the iPad 2, Apple were always helpful. They did offer to help direct, albeit at some inconvenience and expense to myself. It was for this reason I wanted to exercise my consumer rights and take my problem back to the point of purchase. If the only good thing that comes from sharing my experience is that it shows others they do not need to take the crap that some retailers hand out, then it has all been worth it.

So, a busy day today, with calls to Apple, emails to Mac User Magazine and phone calls to and from Comet. This all resulted in two main things. Firstly, Comet were 'finally' very responsive, with calls to update me, plus the involvement of their Director's team. This eventually resulted in the store contacting me and offering a refund. It is a shame this response was not forthcoming from store level in the first place, as a lot of headache could have been avoided. The second awesome news was that an Apple sales rep turned up at the Comet store whilst I was on the phone to the manager. I clearly heard him say that he was there to sort out an iPad 2 issue… how cool is that.

What all of this goes to prove is that the general public have the right to exercise their consumer rights. Under the Sales of Goods Act 1979, if a product they have purchased is not as described or fit for purpose they have the right to reject it within a reasonable time. A reasonable timeframe is up to 3-4 weeks. If a replacement is not available, then they have a right to a refund. It is not up to the purchaser to prove the fault either. This is what I insisted on, it is just a shame I had to shout so loud on Twitter, my website and via emails and phone calls to get the appropriate action.

One last positive thing that happened is that Mac User Magazine might feature my plight in a forthcoming article. I hope that they do, so that others can learn from my experience.

My iPad 2 is now a car exhaust
So, I got my iPad 2 refund and my intention was to wait a couple of weeks and then reorder a replacement, happy days… However, there is a sad note to end this article on (or a blessing, depending on which way you look at it). This morning I got a call from Toyota. The family car broke down late on Saturday, after all this iPad 2 business had kicked off. The call from Toyota was to inform me of a £1,400 repair bill. So now my iPad 2 has transformed into some brake discs and an exhaust system :(  Oh well, I guess the iPad 2 will have to wait!

My letter to Comet about my iPad 2

All my regular readers know how transparent I am when it comes to sharing information. So after I decided it should be down to Comet to sort out my iPad 2 problem, I returned to the store today. For a second time, I was refused a refund, unless I submitted my iPad to be sent away for inspection (something I am not prepared to do). I pretty much knew they would not back down today, so I went prepared with the letter below (click to zoom in).

If you feel like others should know about this, or might be able to offer up constructive comments to help me get this resolved, please feel free to share it.

Do Comet offer the same service as Apple?

By now all of my regular readers know that I did not queue up at an Apple Store for the iPad 2 launch. Instead I went to a nearby Comet Store where I had heard that there was a short queue and some stock. Even during the short time it took me to drive there, I was in two minds whether to give my business (and cash) to them or to wait for Apple to deliver an online order. My desire for the new device got the better of me and I splashed down £559 of cash.

Over the next few days I went through my normal testing routine, only to find some light bleeding around the edges of the screen (see image - click for zoom). This was very distracting, but I thought that the device was so fantastic, so fast, so smooth that I could live with it.

I guess I made that decision too soon, as on Friday and thru Saturday I experienced the following;

• Screen flashing on exiting apps
• Safari & Mail crashing every ten or so minutes
• Third party apps crashing
• No sound through HDMI

All this on top of the light bleeding sent me over the edge. Not one to run straight to the phone, I tried a complete restore both from backup and a completely fresh start (twice). This restored the sound over HDMI for around an hour, but then even that fault came back. So the phone was in my hand to Apple Tech Support.

I still love Apple, they confirmed it was indeed faulty, but for a straight swap over it meant a three hour drive. To clarify this, Apple were just trying to help, if I did take that drive, they would give me a free case to cover my petrol costs which was really decent of them. The other option was to purchase AppleCare for £61, this would mean they could offer an advanced replacement via courier. However, it would also mean them placing a £559 hold on my credit card which I was not prepared to do. On this news I came to the conlusion that it was surely the retailers problem, so I would try them first and when I got my refund would simply order another iPad online in a few weeks time. So, off I went back to Comet with a list of the issues and a case number from Apple confirming the item as faulty.

Do Comet offer the same service as Apple?
Well, that is easy to answer with a big fat NO! They told me that Apple's policy is to insist that all faulty iPads are not refunded. That they should be sent in for inspection by an engineer. When I said that this had already been done, they refused to help. When I showed them the photo (on my iPhone 4) of the faulty screen, they said that this did not prove it was faulty and that it would need to be sent away.

Manager Time !
The manager was called over and basically said exactly the same, that they were governed by Apple's policy. "It is more than my jobs worth to do it Sir," I was told. Then the sales assistant suggested ringing Apple, which she duly did and Tech Support Nathan supposedly confirmed it would need to be sent in to be inspected. I said a few harsh words and left the store, iPad in hand.

On returning home I rang Apple again. The support notes stated that Nathan had only confirmed to Comet that the case number was valid and the faults did exist. At no stage did he say to Comet that the unit needed to be inspected. So Comet had blatantly lied to me about this. The Senior Tech Support person I was speaking to kindly phoned Comet and then rang me back. They had changed their story yet again, this time admitting it was their head office policy not to refund, but to inspect the item which would take 5-7 working days.

This is most unacceptable. We all know that under the Sales of Good Act 1979, goods must be of satisfactory quality and fit for purpose, which this iPad 2 clearly is not. It also states that the buyer should 'reject it, give it back and get their money back' - so long as this is done in a reasonable time (with a 3-4 week guideline.
Well, I count seven days, so as a matter of principle I will be pursuing a full refund. If Comet won't offer this, then I will take it to Trading Standards.
In addition, MacUser Magazine has expressed an interest in the outcome to this case, so I will be keeping them updated. I have also tried to get in touch with someone at Comet via @cometdeals on Twitter, also copying @forstal and @appleinc in on the tweets.

If you would like to voice your opinion, then please do so. You can leave comments under this article, on my Twitter @geekanoids or via email. If you have concerns with any purchases or you would like to follow Comet on twitter, then please follow @cometdeals - I was also interested to see that they have their own YouTube Channel, so I will also be trying to contact them via YouTube too.

I would like to close this article with an invitation to Comet to respond to my comments above and asking, why as a retail company you have taken this stance and made a decision that breaks consumer law?