Help! HMV refuses to allow me to return faulty Sony PSP, despite being in warranty!

Barbie18

I'm not sure where I stand with this, but some advice would be much appreciated.

Just under three months ago I purchased a PSP from HMV. The system has seen minimal usage and is in a perfect condition. However, about a week ago I noticed that a hairline crack had developed on one of the shoulder buttons.

As I said, the system has hardly been used and has most certainly never been dropped. A quick search on the internet revealed that, whilst not a hugely common issues, I am not totally alone when it comes to mysterious shoulder button cracking.

Anyway, I went down to HMV and told them the problem. The first girl I spoke to saw no issue and told me that she would swap the system. Then her supervisor walked past, noticed what she was doing, and stopped her.

He was very polite to be, so no complaints there, but his argument did not really stack up. However, despite by best efforts, he would not budge. In a nutshell, he stated that:

• Though the system has developed a crack, this does not undermine is functionality. This is in the sense that it can still play games.
• Sony will not accept the item as a faulty item as, using the above logic, it still works. As such, if he accepts the item back. HMV will lose money.

I stated that, in my opinion, the crack demonstrated poor materials or a manufactering defect and, despite the fact the system still works, it is still broken physically.

I did not mention this at the time, but the Sale of Good Acts states:

• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).

In regards to the last point, it is my opinion that a PSP should not be broken in 3 months of minimal use.

Also, the Guarantee for the system states:

• Sony guartantees that this Product is free from defects in material and workmanship that result in Product failure during normal usage.

I guess this kind of hinges on what "product failure" is... in my opinion, a cracked button is product failure, even if this system is still usable.

I mean, if you had purchased a table and noticed a huge crack had developed in one leg, you would consider this product failure even if the table remained standing??

Should I try and take it back again?I simply want a replacement.

Edit: HMV basically said contact Sony to see if they can help.. However, surely this cannot be right as they are the traders I purchased the item from.

Barbie18

Really not sure how to proceed...

Barbie18

Sorry to push, but does no one know? Was hoping to speak to shop today...

Can they say they wont replace as the fault is not undermining the ability of the system to opperate?

KeithP

If a fault becomes apparent during the first six months, the SOGA states that the seller has to prove there was no fault at the time of sale.

You may well find that Sony's guarantee excludes cosmetics like cracked knobs and buttons. But don't let that distract you, Sony's guarantee is in addition to your statutary rights.

Can the button be easily removed?
I would be inclined to ring Sony tomorrow and see if they can send you a replacement button.

Barbie18

I would replace the button myself, but I would have to open up the device which, according to the manual, will void the warranty.

So I am in a situation where the button is cracked and may get worse, HMV say they want nothing to do with it and if i fix it myself I will void the warranty!

Yikes!

geordieracer

Just contact SONY customer dept and they would probably be more than ha;ppy to replace the whole unkit i should imagine. Some shops hate doing this for you(uin my experience) as it takes up loads of their time whichy could be used to sell other goods to others.

nothing to lose by contacting SONY

Barbie18

I guess I could contact sony, but I don't like the idea of HMV getting off the hook, especially since I will no doubt have to wait ages for a replacement to arrive.

How come shops can so blatently ignore legislation? This should surely be a simple case of the shop swapping it over for me, as they were the ones that sold it.

KeithP

Barbie18 wrote: »

I guess I could contact sony...

Yes, contact Sony and ask them nicely to resolve your problem.

Barbie18 wrote: »

...but I don't like the idea of HMV getting off the hook...

What's that about then?
I thought your issue was fixing your PSP?

Barbie18 wrote: »

...especially since I will no doubt have to wait ages for a replacement to arrive.

You wont know that until you have spoken to them will you?

Barbie18 wrote: »

How come shops can so blatently ignore legislation?

They can't.

Barbie18 wrote: »

This should surely be a simple case of the shop swapping it over for me, as they were the ones that sold it.

Could it be that Sony are acting as agents for HMV in this case?
It seems pretty obvious to me that you should try Sony.
If Sony do not resolve your problem, then start writting letters to HMV if you wish.

fiddiwebb

From the SOGA

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).
• Goods are of satisfactory quality if they reach the standard that a reasonable person would regard as satisfactory, taking into account the price and any description.
• Aspects of quality include fitness for purpose, freedom from minor defects, appearance and finish, durability and safety.
• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.
• If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)
• For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
• A purchaser who is a consumer, i.e. is not buying in the course of a business, can alternatively request a repair or replacement.
• If repair and replacement are not possible or too costly, then the consumer can seek a partial refund, if they have had some benefit from the good, or a full refund if the fault/s have meant they have enjoyed no benefit
• In general, the onus is on all purchasers to prove the goods did not conform to contract (e.g. was inherently faulty) and should have reasonably lasted until this point in time (i.e. perishable goods do not last for six years).
• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)
• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

geordieracer

I think we are all well aware of the SOGA. try telling it to HMV then. Only giving you some advice of who else to try.

god some people want everything done for them sometimes

KeithP

Thank you Fiddiwebb.

What is the point you are making?