Australian Consumer Law Help

Apple are denying me of my rights under the ACL?

According to the ACL: The consumer has the CHOICE of remedy for a major failure, and in addition to this have the right to request compensation for any consequential loss. (See below).

I have had an open case with Apple for nearly a year now, Apple have confirmed it's a Major Failure and are advising that my options are as follows.

I can choose one or the other.

Refund of item - or - investigate compensation for consequential loss.

My rights as a consumer are being denied as Apple are not permitting me the choice of remedy! A refund is useless as I will lose everything on the device, and it is barely operable to try and remove the data. I have requested that I retain the item and receive compensation for the drop in value (as per the ACL). I also noted that I am entitled to consequential loss (as per the ACL). Apple are advising that my option for remedy is a refund and that I am not permitted the choice of remedy, furthermore, that if I want compensation for consequential loss, I either take a refund or request consequential loss.

I have confirmed with Fair Trading and ACCC that my rights are: Choice of remedy - and - consequential loss. Both of which are being denied.

Any experience or insight would be appreciated.

ACL:

• When there is a major failure with a product, you can choose to:

• return the product and ask for a refund

• return the product and ask for an identical replacement, or one of similar value

if reasonably available

• keep the product and ask for compensation for the drop in value caused by

the problem.

• If you sell a customer a product that fails to meet one or more of the consumer guarantees, they are entitled to a remedy – either a repair, replacement or refund and compensation for any consequential loss – depending on the circumstances.