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Faulty Sony WX1 Camera

I bought the camera 4 weeks ago online. The flash doesn't seem to work correctly so i returned it back to them for an exchange and this is what they emailed:-
We have received (luckily) the camera you sent back. We are very unhappy
with how you returned it unpackaged and clearly visible to what the contents
is. We now cannot remove the labels without damaging the box. So therefore
you do not qualify for an exchange. We can send your camera to be repaired.

I packed the Sony Camera in the ORIGINAL box with a shipping label on it and sent by Royal Mail Special Delivery (arrived on time).

It just sounds absurd that they wont exchange it because of some label on the box.

I don't want them to send it to repair as god knows how long they will take. Its less then 4 weeks old!

Could someone help me in what to email back and what law would help me.
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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 3 November 2009 at 10:07PM
    Well the seller can decide whether to repair, replace or refund for a faulty item.

    Looks like they have decided the repair route. Not your choice I'm afraid.

    Just confirm with them that they will be doing that at no cost to you.

    I won't bother commenting on the packaging issue.
    I'm sure there will be someone here in a moment to do that. :D

    Distance Selling Regulations allow you to return the goods if you decide you no longer want them, but you are too late for that.
  • Esqui
    Esqui Posts: 3,414 Forumite
    It shouldn't make any difference. They've agreed to exchange, they should follow it through. Whether the box has a label rip on it or not, makes no difference.

    It actually sounds rather dodgy, as it would appear they want to resell it as new (if it's ex-repair or pre-owned, they must declare it as such, and any buyer would not mind a rip on the box)
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
  • ish
    ish Posts: 46 Forumite
    Part of the Furniture Combo Breaker
    correct me if I am wrong but if a product is faulty within a month then you have a right to a refund. All I am requesting is a exchange.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ish wrote: »
    correct me if I am wrong but if a product is faulty within a month then you have a right to a refund. All I am requesting is a exchange.
    I think you are wrong.

    If a product is faulty, the seller has no either repair, replace or refund, as I said earlier.
    And again, it is there choice.

    The only time dependency is during the first six months the seller has to prove no fault, therefore easier for the purchaser.

    Google Sale of goods act for all the details.
  • Esqui
    Esqui Posts: 3,414 Forumite
    Not quite...most retailers provide a month to avoid any tricky legal arguments. Under the law, you lose your right to refund once you have "accepted" the goods, i.e. had a chance to test them properly.

    What do the retailer's T&Cs say?
    Squirrel!
    If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
    Now 20% cooler
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    if it were me personally i would have wrapped the box for sending
  • durham_girl
    durham_girl Posts: 2,715 Forumite
    We have received (luckily) the camera you sent back. We are very unhappy with how you returned it unpackaged and clearly visible to what the contents is. We now cannot remove the labels without damaging the box. So therefore you do not qualify for an exchange. We can send your camera to be repaired.

    Is this exactly what they sent you? If yes, the grammar is very poor and totally unprofessional.
    :j30/7/10:j

    :j24/1/14 :j
  • ish
    ish Posts: 46 Forumite
    Part of the Furniture Combo Breaker
    I haven't read the T&C yet but will do when i get the chance. I normally either wrap it or put it in a bigger box but just been really busy and my wrapping is bad :-( I can never wrap presents...

    They did actually send that message by email.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    KeithP wrote: »
    I think you are wrong.

    If a product is faulty, the seller has no either repair, replace or refund, as I said earlier.
    And again, it is there choice.

    The only time dependency is during the first six months the seller has to prove no fault, therefore easier for the purchaser.

    Google Sale of goods act for all the details.
    No he isn't. If the fault is discovered within a reasonable time, generally accepted as being around 28 days for most goods, then the buyer can demand a full refund.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    ish wrote: »
    I haven't read the T&C yet but will do when i get the chance. I normally either wrap it or put it in a bigger box but just been really busy and my wrapping is bad :-( I can never wrap presents...

    They did actually send that message by email.
    If your returning the item then it is up to you to take reasonable care, and I'd suggest simply sticking a return label on the original box with no outer packaging or wrapping isn't taking reasonable care, so they have a point to complain. However this can't be used as an excuse to prevent them from giving you a refund or replacement.
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