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Legal matters

Help with defective/unsafe tablet

9 replies

ophiotaurus · 13/10/2016 22:19

Hi I was wondering if anybody had any advice?
My husband purchased an Android gaming tablet from a U.K. based gaming website. When he first purchased it in Jan 2015 the device was slightly faulty (one of the buttons wasn't working correctly) but was replaced free of charge under warranty.

All was fine with the replacement until last week when he discovered that the battery inside the device had expanded and made the whole device split in half. The device had not been switched on or charged for the past month and had been sitting in a cupboard that nobody else goes into.

He contacted the website who advised that this is not a problem they had seen before. They refused to replace/refund the product as the warranty had expired.

He has since read on other gaming forums that this fault has happened with other owners of the tablet.

Since the device was defective rather than broken by accident what are his rights as far as a replacement?

Thanks in advance.

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ginandginger · 13/10/2016 22:24

Just had this expanding issue with my iPad. I took it into the Apple Store and because it's a safety issue, they're replacing it free of charge. Might be worth taking it into a store? I know it's not the same because it's android, but apple said that an expanded battery can be really dangerous and they shouldn't let you keep it in your house...

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ophiotaurus · 13/10/2016 22:32

Here is a picture of it. It's not the best. We are on holiday at the moment. I've put it in the car outside the house while we are away because at least if it bursts into flames it isn't inside the house...
It is an online shop so we don't have a physical store to go to.

Help with defective/unsafe tablet
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prh47bridge · 13/10/2016 23:48

As it is over 6 months old it is up to you to prove that the device was faulty at the time of delivery and that the problem is not due to misuse or accidental damage. If you can prove that, the website that sold you the tablet must repair or replace it. You can say whether you want a repair or replacement but they don't have to take the option you choose. The fact the device is out of warranty is irrelevant. Your statutory rights are not affected by the warranty.

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HeCantBeSerious · 13/10/2016 23:59

This is happening left right and centre. Google the make of your tablet and see if it's a common issue.

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cdtaylornats · 14/10/2016 08:46

www.howtogeek.com/244846/what-to-do-when-your-phone-or-laptop-has-a-swollen-battery/

It is a common issue with Lithium Ion batteries. What you have is a battery that has been overcharged and was too cheap to have preventive circuits built in.

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ophiotaurus · 14/10/2016 09:14

Thanks for the replies!
How would he go about proving it was defective?

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HeCantBeSerious · 14/10/2016 10:37

Independent engineer's report. (You'd have to pay for it - and decide whether it's worth it.)

Unless there are lots of reports of it being a problem online.

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cdtaylornats · 14/10/2016 12:12

The tablet isn't defective, the battery has failed. You would have to prove you didn't overcharge it.

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ophiotaurus · 14/10/2016 16:34

Ok thanks I will pass that on. He said it has been reported on a few different forums for his particular make and model but not sure how many instances there have been.

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