Consumer Rights: MoneySavingExpert.com discussion

rev_henry

Sorry, misread your post. Thanks. Well they're still not playing ball and the argument's getting a bit circular now so I called consumer direct. After we had ascertained where the company is based, they told me to send a recorded delivery letter to them basically outlining everything that's been said above, after they told me I was quite correct in my legal understanding (thanks to you). So I did that this afternoon. Watch this space. The woman basically told me their idea of an exemption for electrical goods is a load of rubbish, it only applies to CDs and software etc which must be sealed.

philspad

Bought a Philips dvd recorder with HDD from Empire Direct in 2008 but it went wrong after a few weeks. They could not repair it so they sent it to Philips. They got it back from Philips and sent and sent it back to me telling me that it was a brand new unit. I assumed that it had a new 1 year guarantee.

It has now gone wrong again and because Empire Direct went bust I got in touch with Philips directly but they informed me that the unit that I received as a replacement was a reconditioned unit a only had a 3 month guarantee.

Can anybody tell me what a reasonable amount of time is for a dvd recorder to last?

And do I have a case against Philips for a replacement or a repair or a refund?

Art_2

philspad wrote: »

Bought a Philips dvd recorder with HDD from Empire Direct in 2008 but it went wrong after a few weeks. They could not repair it so they sent it to Philips. They got it back from Philips and sent and sent it back to me telling me that it was a brand new unit. I assumed that it had a new 1 year guarantee.

It has now gone wrong again and because Empire Direct went bust I got in touch with Philips directly but they informed me that the unit that I received as a replacement was a reconditioned unit a only had a 3 month guarantee.

Can anybody tell me what a reasonable amount of time is for a dvd recorder to last?

And do I have a case against Philips for a replacement or a repair or a refund?

You can expect the unit to last more than a year and you would have a case under the sale of Goods Act. Your claim, however, is against Empire and not Phillips. If Phillips won't help as a goodwill gesture then you should contact the administrators for Empire.

Regards,
Art.

derrick

Art wrote: »

You can expect the unit to last more than a year and you would have a case under the sale of Goods Act. Your claim, however, is against Empire and not Phillips. If Phillips won't help as a goodwill gesture then you should contact the administrators for Empire.

Regards,
Art.

Also credit card company under Section 75 if the original item was over £100.

Biggles

My wife asked me to buy a cookbook that she'd seen by mail order. I bought it from the firm's website and it arrived today. She's very disappointed, it's a thin load of tat for £9.95 + £3.95 p&p, to be honest.

Their website does mention a '3-month money-back guarantee' and also mentions that 'Orders can be cancelled within 7 days of receipt' but then goes on to say that postage and packing are non-refundable.

Does that apply in the event of a cancellation? With a book, do I have to pay to return it, and does it need to be recorded?

derrick

Biggles wrote: »

My wife asked me to buy a cookbook that she'd seen by mail order. I bought it from the firm's website and it arrived today. She's very disappointed, it's a thin load of tat for £9.95 + £3.95 p&p, to be honest.

Their website does mention a '3-month money-back guarantee' and also mentions that 'Orders can be cancelled within 7 days of receipt' but then goes on to say that postage and packing are non-refundable.

Does that apply in the event of a cancellation? With a book, do I have to pay to return it, and does it need to be recorded?

Their 'Orders can be cancelled within 7 days of receipt' is their interpretation of DSRs, a bit loose if you ask me as the "7 days" are working days and are obligatory.

Under the Distance Selling Regulations, you have 7 WORKING days, beginning with the day after receipt of goods to return without reason see Q 3 from the BERR link below,,(not sure if "it's a thin load of tat" counts as a genuine reason, unless you feel you where mislead), for a full refund including original P&P. If they had told you that you would be liable for return P&P,(unless faulty or not as described), prior to you receiving, then you will have to pay for the return. See BERR Q4.

See section 10 & 11 HERE.

You do not need to send recorded, but get a Proof of Posting, (free), card from the PO

rev_henry

Well they caved with my recorded delivery letter, and I got a call yesterday to say they'd take it back. They requested I send it recorded delivery, at my own cost, which I did, is that ok? Just waiting on my refund now. The guy who called me from head office seemed very pleasant about the whole thing.

derrick

rev_henry wrote: »

Well they caved with my recorded delivery letter, and I got a call yesterday to say they'd take it back. They requested I send it recorded delivery, at my own cost, which I did, is that ok? Just waiting on my refund now. The guy who called me from head office seemed very pleasant about the whole thing.

Your persistence has paid off:T, but then I think they knew they where wrong!
If their site or prior info said you had to pay return P&P,(not for faulty or wrongly sent goods though), then you do, but you did not need to send recorded, that would be your choice, you could have got a PoP from the PO.

rev_henry

derrick wrote: »

Your persistence has paid off:T, but then I think they knew they where wrong!
If their site or prior info said you had to pay return P&P,(not for faulty or wrongly sent goods though), then you do, but you did not need to send recorded, that would be your choice, you could have got a PoP from the PO.

Indeed. Hmm, I might just chase that up, although I'm starting to feel a bit guilty now lol.

Though they've got the return postage costs covered by me:

1. because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.

Biggles

derrick wrote: »

Under the Distance Selling Regulations, you have 7 WORKING days, beginning with the day after receipt of goods to return without reason see Q 3 from the BERR link below

Well, they haven't bothered to reply to my email (many places either have a specific way for you to address returns or at least want a 'returns number' quoting), so I guess I'll return the book, with a printed copy of my email, get a proof of delivery, and hope for the best.