Refused refund on faulty goods

icequeeniecash

Hi there, I'm not sure if this is the correct board, please feel free to point me in the right direction.

In January I bought a Liteon Dvd hdd recorder from Top electricals, or 121electricals.com, it has been causing me trouble for a month or so now. I contacted them on Monday asking how to return it to them for a full refund and was told this...

If the product is not working properly you can have it repaired by the
manufacturer.

We will swap defective units in the first 28 days only. It then falls under
manufacturer's warranty...

So I contacted the manufacturer who has given me an option of downloading software from the internet and if that doesn't work then they will repair it for me.

I have had this for just 2 months, it is faulty, but I can't get my money back, it cost £238, I would like to get this back and invest in a better model. The website's terms and conditions say...

Warranties & Returns:

All goods are covered by a 12 month manufactures warranty. In the unlikely event of your goods being delivered faulty or damaged, you must contact us within 2 days of the date of delivery via email in order for us to arrange a replacement or provide a refund. After 14 days, should the goods become faulty you will need to contact a local authorised repair centre. Please note that although your warranty covers both parts and labour it does not cover delivery and collection of the goods from the repairer and some service centres may charge for this. Any charge must be paid by you, the customer, directly to the service agent if applicable. If the goods (ie DVD players/Recorders that have been converted to Multi Region) are returned to the warehouse at anytime we will only refund if the they are un repairable and a replacement model is no longer manufactured. All returns must be returned in the orginal box with no exceptions.

Digital Goods: Customers are responsible for checking that they live in a digital receiption area. We are not held responsible for the digital goods not working when digital reception has not been clarified.

If you have bought the goods in error or have purely changed your mind we have followed the distance selling regulations 2000 are required to send a notice of cancellation in writing within 7 working days, including fax or e-mail, stating your invoice number, sale number and reason for cancellation of the goods. A telephone call is not enough to constitute cancellation. You are responsible for returning the item, a refund will be give less the delivery cost providing the following criteria are meet. If you are not in possession of your invoice, no returns or warranty will be carried out. (This applies to all orders without exception)...

So where do I stand. Surely it can't be this simple and I have a product on my hands that is faulty after only this short time, I dread to think what will go wrong in the next year.

Any advice would be fantastic. Sorry this post is so long but wanted to give as much information as possible.

Many thanks in advance, Kimbers

inmypocketnottheirs

If you paid by credit card, I would phone the card issuer and ask for a claimback for faulty goods. Clearly the supplier has no interest in resolving your problems. Under the Sale of Goods Act the supplier is responsible not the manufacturer.

By asking your credit card company for a claimback this will hit the supplier as the money will be debited from their account.

You do not, unfortunately have the same protection if you paid by debit card. This is a good reason to use credit cards when purchasing any major article, especially over the internet.

Hope this helps.

shopbot

If you buy goods from the internet you have the same rights as if you bought them on the High Street. The retailer has an obligation in law to you that the goods it sells must be fit for purpose and last a reasonable amount of time.
In your case a faulty DVD player that is two months old is neither. The responsability here lies with the retailer not the manufacturer.

http://www.consumerdirect.gov.uk/general/internet/fs_s01.shtml

http://www.consumerdirect.gov.uk/your-rights/fs_c04.shtml#3

icequeeniecash

Inmypocket...Unfortunately I didn't pay by credit card, I don't own one, so it was debit card for me. Thanks for the advice, it is good to know to tell other people about.

Shopbot...Thanks for your info, it gives me more information for when I call them later today. It has been faulty on and off for over a month but since it doesn't happen everytime I let it go but things are adding up so it is time to send it back. The links are very helpful too.

Thanks again, Kimbers

Zebra

I agree with the other comments - the obligation is on the supplier and not the manufacturer.

Also, as the goods are less than 6 months old, it is up to the supplier to prove that the goods were not faulty when they were bought, and not up to you to prove that they were!

You can contact either Consumer Direct (as above), or your local Trading Standards Office, who may contact the company on your behalf.

Good Luck, and let us know how you get on.

Ps. There are also issues with the company trying to limit your statutory rights in their T&C's which Trading Standards may be interested in.

shopbot

When you contact them again do not feel intimidated by them. Feel confident that you now know exactly where you stand in law. If you do not get the result you want, don't settle for less simply contact your local Trading Standards office and let them assist you.

derrick

icequeeniecash wrote:

Inmypocket...Unfortunately I didn't pay by credit card, I don't own one, so it was debit card for me. Thanks for the advice, it is good to know to tell other people about.

Thanks again, Kimbers

If your debit card has the Visa logo on it you have the same protection as a credit card, SEE HERE

The retailer is responsible for faulty goods and the 6 month rule ,as mentioned above by Zebra is law.

icequeeniecash

Hi again, I have tried to call Top Electrical for 2 days now but only recieve a message saying that they are unable to open as they have a virus on their computer systems. There was another company name at the bottom of my delivery note so I called them and they say that they supply the items to Top Electrical and if I send them an email describing the problems, the item and serial number the accounting manager will try and get in touch with them and see what can be done. I am really not sure what is happening though, it sounds like I'm being fobbed off to be honest. Perhaps I'm being a tad cynical?

Luckily my card is a Visa debit card from the BoS so do you think I should bypass all of these people and just ask for claimback for faulty goods. If I do can I do it over the phone with my bank or do I have to go in to my branch?

Please keep the advice coming, perhaps next time I call I wont be shaking so much!!

Thanks in advance, Kimbers

shopbot

It all sounds a bit odd to me.

I would keep trying to phone them and when you get through simply explain the situation and see what they say. If they do not offer what you are legally entitled to then ask them for a contact name of who is making that decision and say that you will be passing the details onto Trading Standards. They may change their mind. If they do not then don't get stressed simply contact Trading Standards. It is important to log all contact and conversations with the company.

If you cannot get through to the company at all then wait a weekand then contact Trading Standards.

shopbot

It is interesting to note that their e-commerce site is still up and running despite their claim to you that their operations are disrupted by a computer virus.................

Alfie_E

derrick wrote:

If your debit card has the Visa logo on it you have the same protection as a credit card, SEE HERE

It should also be added that if your bank account was overdrawn when you purchased, or the purchase made you over drawn, you’re also covered by the Consumer Credit Act 1974. See the section What is a credit-token? in Ombudsman News 46 - Using plastic cards as credit-tokens. Section 75 of the Consumer Credit Act makes the card issuer jointly liable for all purchases between £100 and £30,000.