12 month warranty - who is responsible?

elsietanner71

Hi

I am looking at buying a satnav but I'm not sure the company I'd like to buy from operate within SOGA.

It has a 12 month warranty (doesn't state manufacturer or otherwise)

The website says the online shop operate a 'dead on arrival' policy and will only let you return the item to them if it breaks down within 14 days - after that you have to deal with the manufacturer direct.

They also say that you must report any missing or broken parts eg screen with 24 hours of delivery. After this time, they will not deal with your complaint.

Is this right? Or should I avoid them?

Thanks in advance

Antispam

The shop is responsible under SOGA

Go else where if they saying all this then I can see if anything happens you going to have a fight on your hands

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

• It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

neilmcl

Antispam wrote: »

The shop is responsible under SOGA

Depends if the retailer is a UK company or not.

OP, who is the retailer?

Regardless of SOGA and DSR with terms like that I'd definitely give them a wide berth.

Mark_Hewitt

The shop has SOGA responsibilities. However the manufacturer can offer a warranty on top of that.

The shop cannot disown it's SOGA duties.

elsietanner71

They are based in Yorkshire.

elsietanner71

I can't post links but the company is Pentagon GPS and their T&Cs can be found by clicking on 'conditions' on the top right of the home page menu.

PaulLuke

I've just read their T's & C's which, apart from the complete lack of any punctuation, make interesting reading.

However, to answer your query. As the company are based in the UK they are subject to SOGA and appear to make a passing reference to this in the line "Goods are strictly not sold on a trial basis and will only be accepted back for credit if required to do so by statutory law". A warranty is an additional protection which operates alongside your contractual SOGA rights and you cannot be forced to rely upon a warranty when you have valid SOGA rights.

They also fail to mention your cancellation rights under the Distance Selling Regulations and imply returns will only be accepted if you have not used the item. Under DSR, even if the goods have been taken out of their packaging you still have the right to return them.

I'd agree with the other posters, their T's & C's are dubious and the implication is that in the unfortunate event you did have an issue with any goods you might have a battle with them. If you can find the goods at a similar price elsewhere I'd shop there

savemoney

They could be breaking the law. It may be argued that there terms and conditions may be are unfair at best perhaps even unlawful

I would avoid them if it was me rather that possible aggravation but they could be reported to nearest trading standards (Sheffield)

savemoney

No rosy reviews 3.5 out of 5 and reviews have been known to be fake

http://www.reviewcentre.com/reviews183390.html

http://www.trustpilot.co.uk/review/www.pentagongps.co.uk

Esqui

The warranty is provided by the manufacturer. The company is sort of right in telling you to contact the manufacturer (the manufacturer probably carries out the repairs for them) as long as:
1) The retailer will deal with any problems arising from the repair
2) The retailer will arrange the repair with the mfr if you request them to.

In this (and most other cases), the mfr is working for the retailer, not instead of.

Mankysteve

Basicly what will happen in most cases if you return it to the shop they'll either have a deal with the manufacturer to exchange the item no with questions asked and they'll get a refund fron the manufacturer

Or they'll to phone the supplier and they will sort out a repair/replacement on your behalf with the manufacturer. Sometimes its quicker to to deal direct with the manufacturer yourself.

All companies must comform with SOGA if there trading in the uk its more a question of who the easyest to deal with.