Is this mis-selling?

Caporegime
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My girlfriend bought an iPod touch from a well known highstreet retailer last year. It was advertised as the 3G (3rd Generation) model. We accepted that and never looked in to it being anything else. That is, until tonight when I updated it to iOS4. I was looking for how to set the home screen wallpaper and how to use multi-tasking when I realised it wasn't a 3G. Checking Apple's own 'how to identify your iPod' section of the website confirms this.

Unbeknown to us, the 3G only comes in 32gb and 64gb flavours, my girlfriends in the 8gb 2G model.

Where do we stand on this?
 
tbh im not sure whether theyll accept this. i mean youve had over a year to check the model.... if i were you go back to the retailer and explain the situation. you never know, you might be lucky
 
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Would you not have purchased it had you known it was not a '3G' version? As the ipod you thought you were buying doesnt even exist anyway I suspect you probably would have still bought it.
 
Yep kick up a fuss, same old write letters bleh bleh win.

Doubt your gonna get a 3G version tho.

Don't "kick up a fuss". Just take it back to the shop and be polite, explain the situation and I'm sure they will see that they've made a mistake on their part and should either offer you a replacement, a refund or store credit to the same amount that the iPod cost. :)
 
Unfortunately the receipt does not state that it was the 3G model. Simply that it was an 8GB iPod Touch so I fear this limits what we can do as without proof, it becomes difficult.
 
I can't see them doing anything unless you have a receipt stating "3G" on it and a way of tieing it to the touch you are taking back.

EDIT: As I was typing.... :p
 
[TW]Fox;16814332 said:
Would you not have purchased it had you known it was not a '3G' version? As the ipod you thought you were buying doesnt even exist anyway I suspect you probably would have still bought it.

It influenced her decision to buy from the retailer as everyone else didn't have the 3G version. Yes it didn't exist but unless you follow every move apple make, it's an easy mistake to make.
 
Don't most places stop selling the old gen ipods though in shops once a new one is out...? So i don't see how this could happen.

But if its been that long it could be any damn ipod...and if it didn't say 3g on receipt. can't see anything happening
 
Don't "kick up a fuss". Just take it back to the shop and be polite, explain the situation and I'm sure they will see that they've made a mistake on their part and should either offer you a replacement, a refund or store credit to the same amount that the iPod cost. :)

Yeah that's what I meant :p
 
It was advertised as the 3G (3rd Generation) model.

Where was it advertised as this? - Presumably not on the box...

Did the shop have incorrect signs up - in which case they might well have had people return them already?

Was it just the guy selling it to you making a mistake?
 
I remember looking for one of these for my girlfriend at Christmas and everywhere was advertising these 8GB ones as 3rd Gen even though they weren't, I believe from reading forums at the time that Apple had just put the 3rd Gen software on these older models and were calling all three models 3rd Gen. I remember there being lots of discussion and confusion about it at the time, pretty much every single online retailer i visited looking had them listed as 3rd Gen models.
 
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It was stated on the website in the product title as simply '3G', alas it no longer does as I'm sure someone realised their error. The only way I could prove it would be to get a cached page from a year ago and I don't see that happening.
 
It was stated on the website in the product title as simply '3G', alas it no longer does as I'm sure someone realised their error. The only way I could prove it would be to get a cached page from a year ago and I don't see that happening.

If you know what it looked like a couple of minutes with notepad would get you the same thing. ;)
 
It can't have been that much of a big deal if you haven't noticed for a year. Learn from your mistake and take more care next time.

Sounds like you have no documented proof that that you were "mis-sold" the iPod anyway. I wouldn't waste your time.
 
It can't have been that much of a big deal if you haven't noticed for a year. Learn from your mistake and take more care next time.

Sounds like you have no documented proof that that you were "mis-sold" the iPod anyway. I wouldn't waste your time.

The point is there was nothing to really tell them apart until now.
 
Go go purple shirt brigade miss-selling stuff? They used to pull stuff like this all the time when I worked there. Of course it could be someone else but it sounds like something they'd do.

Unfortunately I don't think you stand much chance of getting anything. The length of time means that you'd have to prove they advertised is as a 3G and with no receipt stating that I don't think you have a leg to stand on really.
 
The point is there was nothing to really tell them apart until now.

Ok so apart from resale value, what else are you missing between versions?

If they said "This is a 32gb iPod Touch" and gave you an 8Gb one then yes, that is mis-selling. Surely you would have noticed within a year though?
 
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