Faulty DVD - what are my rights?

batesy2007

On the 10th November 2008 I bought "The Ultimate Ronnie Barker Collection" from HMV for a Christmas present for my father.

It consists of :

Porridge Series 1,2,3 and the Christmas Specials (4 discs)
Going Straight (1 disc)
Open All Hours Series 1 - 4 (4 discs)
Seven of One (1 disc)
The Magnificent Evans (1 disc)
Clarence (1 disc)

So as you can see there is a lot to watch.

He's just gone to try and watch Porridge Series 2 DVD but it just keeps playing the BBC intro and copyright warning. I've tried in different players and there are no marks on the DVD.

As it's now the middle of March I don't know what my rights are even though the disc is definitely faulty. (I still have the receipt)

Thanks

Matt

zenseeker

I have a similar problem with a complete Buffy the Vampire Slayer boxset, and it was bought around the same time as yours for a Xmas pressie and a fault with a disc has only just become apparent, so I would be interested in answers. (Amazon for me)

Nigella_2

You can try for a replacement saying you have only just got around to watching it and therefore have only discovered the faulty dvd disc, blah blah blah.

They may possibly try it in one of their DVD players.

Key Facts:

• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
Do I only have rights for 30 (or some other figure) days after purchase?

No. Depending on circumstances, you might be too late to have all your money back after this time, but the trader will still be liable for any breaches of contract, such as the goods being faulty. In fact, the trader could be liable to compensate you for up to six years.
What does the "reversed burden of proof" mean for the consumer?

It means that for the first six months the consumer need not produce any evidence that a product was inherently faulty at the time of sale. If a consumer is seeking any other remedy the burden of proof remains with him/her.
In such a case, the retailer will either accept there was an inherent fault, and will offer a remedy, or he will dispute that it was inherently flawed. If the latter, when he inspects the product to analyse the cause, he may, for example, point out impact damage or stains that would be consistent with it having been mistreated in such a way as to bring about the fault.
This reversal of the usual burden of proof only applies when the consumer is seeking a repair or replacement. After the first six months the onus of proof is again on the consumer.
Q14. Where can I get further advice?

Contact Consumer Direct at: www.consumerdirect.gov.uk (Tel: 08454 04 05 06). Consumers in Northern Ireland should contact Consumer Line on 0845 600 6262.

zenseeker

The Buffy boxset that I have is huge! I suppose that I would have to return the whole set just to get the one disc replaced, then I am back to square one as I would have to rewatch all the episodes that I have already watched just to make sure that they don't have any faults....tiresome

Nigella_2

When I bought a self assembly computer desk a while ago, one piece was broken. The shop wanted the whole desk bought back, but eventually (via their head office) I just got the broken piece swapped (otherwise would have been 2 x taxi rides!!)

I would have hoped they could just exchange the faulty DVD disc

zenseeker

Well, I can ask them (Amazon) and see what they say, thanks

batesy2007

Whether they take the whole box or the single DVD I don't mind. Nice to know there's hope though in getting it replaced. I think I'll go through the whole box set to make sure there are no other issues. Never seen such an issue on a DVD before. To not work at all is understandable but to loop on the BBC copyright screen. Odd.

Alison_B

We are the same. We bought my son the complete Friends box set for christmas. He has only got around to watching a couple of the disks and found that one of them was faulty. I contacted Amazon about this last month and am still awaiting a response. Will try again tomorrow now that you have jolted my memory.

ThinkingOfLinking

I worked for HMV and in December I exchanged a faulty DVD a lady had bought in August, after checking with my manager that this was ok. You should be fine.

Mummy_Jo

Nigella wrote: »

You can try for a replacement saying you have only just got around to watching it and therefore have only discovered the faulty dvd disc, blah blah blah.

They may possibly try it in one of their DVD players.

Key Facts:

• Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
Do I only have rights for 30 (or some other figure) days after purchase?

No. Depending on circumstances, you might be too late to have all your money back after this time, but the trader will still be liable for any breaches of contract, such as the goods being faulty. In fact, the trader could be liable to compensate you for up to six years.
What does the "reversed burden of proof" mean for the consumer?

It means that for the first six months the consumer need not produce any evidence that a product was inherently faulty at the time of sale. If a consumer is seeking any other remedy the burden of proof remains with him/her.
In such a case, the retailer will either accept there was an inherent fault, and will offer a remedy, or he will dispute that it was inherently flawed. If the latter, when he inspects the product to analyse the cause, he may, for example, point out impact damage or stains that would be consistent with it having been mistreated in such a way as to bring about the fault.
This reversal of the usual burden of proof only applies when the consumer is seeking a repair or replacement. After the first six months the onus of proof is again on the consumer.
Q14. Where can I get further advice?

Contact Consumer Direct at: www.consumerdirect.gov.uk (Tel: 08454 04 05 06). Consumers in Northern Ireland should contact Consumer Line on 0845 600 6262.

Brilliant Advice - well said. Thanks very much. I often log on just to help people understand their rights. Did you get the info from a particular web page?