What are my rights?

americanv8

I bought a refurbished TomTom from TotalPDA in August last year, their refurbished range says "every refurbished device comes as standard with the same 12 month TomTom warranty you would receive with a brand new device." and "Undergoing rigorous inspection, each TomTom device is restored using original TomTom parts, including a brand new touchscreen and front cover. Complete with accessories, you'll find yourself hard pushed to tell the difference between a new and refurbished model."
The first one i had obviously didnt have a rigorous enough inspection because it kept crashing all the time and had to be replaced after 7 days. Now 5 month down the line the replacement has a fault, the screen keeps flickering on & off all the time, seems to be related to bumps in the road i.e the more bumpy the road the worse the flickering is.
Just need to know my rights here, because this is the 2nd faulty one i've had in 5 months can i demand a refund? If not who is responsible for repairing it would it be TomTom (who's support is abysmal) or TotalPDA?
Thanks

withabix

TomTom support is excellent in my opinion.

TotalPDA are responsible, as they sold you the TomTom.

You cannot demand a refund - the remedy (repair, exchange, refund) is up to the retailer, not you.

Esqui

You can ask for a refund, but totalPDA can insist on repair. It's the retailers job to organise the repair, should you wish, but tomtom will carry out the repair.

americanv8

Thanks i thought it was TotalPDAs job to sort it out but they say its nothing to do with them.

I've never been able to get to speak to someone at TomTom before and always had to rely on their email/web technical support, they've never ever been able to sort out any issues i've had and in one instance took 5 weeks to reply to a technical support request.

bazster

americanv8 wrote: »

Thanks i thought it was TotalPDAs job to sort it out but they say its nothing to do with them.

It is their job to sort it out and it has everything to do with them. Your contract is with the retailer, not with the manufacturer.

RobertoMoir

americanv8 wrote: »

Thanks i thought it was TotalPDAs job to sort it out but they say its nothing to do with them.

Tell them that if they're not aware of their obligations, you'll be happy to arrange for trading standards to explain them to them.

americanv8

I've been back onto TotalPDA again today and their operations manager is insisting its down to TomTom to fix the device as the warranty is with them not TotalPDA.

Help???