"I will concede that we areworking with different Laws, so there will inherently be differences; thatbeing said, in Law, you must look at specific wording."
Actually, a LOT of UK law is not based on specific wording, merely interpretation! Might as it would make sense to you and I for things to be clearly stated, a lot of laws (insanely IMO) use phrases like 'reasonable period' without ever determining what that period might be!
They then leave it up to the courts to rule in cases which get brought before them. COurts then look at the intent of Parliament at the time. Daft? Odd? Unwise? Yes, I'll agree with you but that's how it often happens.
Here's a case where wording and intent clashed:
http://business.timesonline.co.uk/tol/business/law/reports/article2852682.ece
"The term “replacement” toyou may mean new in a sealed box, but it will depend on how the word is interruptedby the court. "
Absolutely, any case brought before a court would depend on the court's ruling, not sure anyone could disagree there.
You have failed to show where <inyour law> it states you must receive a new, sealed box from Apple and notjust a “replacement”.
The replacement for a brand new item has to be brand new - the law exists to ensure the consumer isn't any worse off at the end of the resolution than they would have been had the item never been faulty.
If you paid ÂŁ600 for a brand new item and then got (for the sake of illustration) a refurb with a retail price of ÂŁ399 you would be worse off i.e. you'd have paid ÂŁ600 for something you could have paid ÂŁ399 for.
If the brown box items are brand new - and again, I've never said they weren't - there's no problem. However - and as I said before - the onus is on Apple to convince a consumer requesting a replacement that the brown box items are brand new because it's Apple who are using two different package types.
I really don't see the controversy of saying this!
The problem here - and the only reason so many posts have been made - is that one poster either misread who said what, or set out to claim someone said something they didn't. I'll assume they misread.
Then, for reasons they alone know, they repeatedly failed to understand that
a) I've not claimed the brown boxed items weren't new
b) Apple's policies are nice, but ultimately subservient to local law (you will understand this as a lawyer)
c) made some odd assertions about how Apple are different from every other retailer, apparently without understanding how those retailers operate outside the US (see the weird claims about how Sony centres don't do in-store replacements)