I have a pair of Beats earbuds I received as a Christmas gift three years ago. They have been replaced once for free by Apple when they developed a sound issue within the warranty period. Recently, one earbud stopped working. I went to an authorised Apple repairer and was told the price of fixing them was equivalent to buying a new pair of earbuds. This seems wasteful to me as I’d rather repair the broken earbud, and I’m wondering if there is any recourse as to a discounted repair fee to encourage device repairs rather than replacements.
– Alana, Victoria
Kat George says: Australia has a rapidly growing e-waste problem, so you’re right to challenge tech’s throwaway culture. Australians generated 511,000 tonnes of e-waste in 2019, and the Australian government projects that will grow by 30% by 2030.
Firstly, I question whether you should be the one wearing the cost of a repair or a replacement. Your rights as a consumer extend beyond the warranty offered by a business, in line with the “consumer guarantees” available under the Australian Consumer Law.
The consumer guarantees cannot be replaced by product warranties – any warranties provided for a product are in addition to the consumer guarantees.
The consumer guarantees require that products are of “acceptable quality and durability”. This includes that the product should be “durable enough to perform its intended function(s) for a reasonable amount of time”. In the case of Beats earbuds, a Google search suggests (anecdotally) that this could be anywhere between three and five years.
Unless you’ve used the Beats in a way other than they were intended, for instance, as doorstoppers, or if you’ve done something to damage them, the consumer guarantees apply.
Importantly in your case, even though your Beats have already been replaced, the consumer guarantees apply to the replacement Beats the same way they would to the original product. This means you can expect that the replacement Beats, from the date of replacement, should be of acceptable quality and durability, which it seems they may not be.
This entitles you to the full protection of the Australian Consumer Law for the replacement product, and that includes a replacement, a refund or a repair.
Rather than going to an authorised repairer, go directly to Apple. Call Apple’s customer service, but also put your case to Apple in writing, including the details of your purchase and initial replacement. Let Apple know it is responsible for the faulty product and that you’d like a repair.
Apple could offer to repair the product for you (at no cost to you) or reimburse the cost of the repair. Either way, this should be agreed with Apple in advance of you taking any more steps to facilitate the repair of the Beats yourself.
If Apple doesn’t help you with a repair, complain to ACCC or Consumer Affairs Victoria. One of these consumer watchdogs should be able to take on your case and communicate with Apple on your behalf to resolve the dispute.
Your final recourse is to the Victorian Civil and Administrative Tribunal (VCAT). VCAT is an expensive and time-consuming process, so it may not be worth it for the sake of an earbud, unless you are really set on standing on principle.
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