Can I get a replacement?

Renya

I brought an iPod Touch last august in HMV, today the screen started flickering and it won't unlock. Apple offers a 1 year warranty, and has the option of sending it off to be repaired, however I'd much rather take it back to HMV and just get a replacement, I can't find anything on the HMV website about it, but a few people have told me I'm covered under EU law, is this true?
Also, is there any legislation that I can print off and show HMV if they try and refuse and I am entitled to one? I should probably know this as I'm doing Law at college, but contract law is not my strongest point.

Thank you!

Esqui

No, you're entitled to a remedy at the retailer's discretion: repair, replacement, refund (full or partial). It's almost certain that HMV will elect to give you a repair, which is done via Apple's service centre.

Renya

Okay thanks

Just out of curiosity, I emailed my Law teacher about it this morning, and her reply was that I could get a replacement as it was still in warranty, but obviously HMV would rather send it somewhere else instead of giving me a new one.

neilmcl

Renya wrote: »

Okay thanks

Just out of curiosity, I emailed my Law teacher about it this morning, and her reply was that I could get a replacement as it was still in warranty, but obviously HMV would rather send it somewhere else instead of giving me a new one.

Your warranty is with the manufacturer, not HMV. Just take it in to HMV and see what they say.

smcaul

Esqui wrote: »

No, you're entitled to a remedy at the retailer's discretion: repair, replacement, refund (full or partial). It's almost certain that HMV will elect to give you a repair, which is done via Apple's service centre.

WRONG, WRONG and WRONG again, will people please stop misquoting the legislation - nowhere in the SOGA does it give the retailers these rights, nowhere!

KeithP

smcaul wrote: »

WRONG, WRONG and WRONG again, will people please stop misquoting the legislation - nowhere in the SOGA does it give the retailers these rights, nowhere!

Smcaul, please be kind enough to tell us what is wrong with the answer given by Esqui.
Then we can all benefit.
Thanks.

markybaby

smcaul wrote: »

WRONG, WRONG and WRONG again, will people please stop misquoting the legislation - nowhere in the SOGA does it give the retailers these rights, nowhere!

I thought a purchaser had the right to request a repair or replacement under SOGA (or a refund or partial refund if this is not possible). It is up to the retailer which of these they offer. If the goods can be repaired in a reasonable time that is fine under the law. A retailer will choose this option if they can get the item repaired by the manufacturer as the cost will be taken by the manufacturer under their warranty. It is the responsibility of the retailer to ensure this happens, they can't simply insist the purchaser phones the manufacturer.

http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html#Q5AfterthereasonabletimehaspassedwhatcanIdo

It is all so vague though. I suppose it is difficult to provide a catch all piece of legislation.

somethingcorporate

Yep, the legislation contains lots or "requests" and "reasonableness" which makes it problematic.

What gives the retailer the power is that if you choose an option that they do not agree to you would have to go via the courts to enforce it (and have proof that the remedy they offered in line with the SOGA was unreasonable), so for all intents you have to do what the retailer wants or take them to court.

Esqui

KeithP wrote: »

Smcaul, please be kind enough to tell us what is wrong with the answer given by Esqui.
Then we can all benefit.
Thanks.

Yeah, I thought the right to remedy was rather a central part. Maybe I didn't list every possible outcome, but hey, what do I know? I wasn't only wrong, I was wrong three times. In CAPS!

Blacksheep1979

The part that gives the retailer the choice to choose is that you can't request a remedy that would be disproportionate in cost/effort compared to the others - retailer can therefore say repair is significantly cheaper.

UK2010

KeithP wrote: »

Smcaul, please be kind enough to tell us what is wrong with the answer given by Esqui.
Then we can all benefit.
Thanks.

Yes I'm interested in this............