PC World - Sale of Goods

dEfEndEr_2

Hi All,


Why is it that when I helped my grandson's farther take back a broken TV/DVD combo last night to the Tunbridge Wells PC World, Keven (the store manager) refused to offer a replacement, stating the the DSG Group offer a repair service on all items returned, which would take a month.

I argued the point that I (the consumer) have the right under the Sale of Goods act to ask for a replacement as the goods where not 'fit for purpose'

His replay was that I can not make that statement, and that the 'store' was in the right to offer a repair.

An hour and a half went by with me still arguing about our rights, he would not move on his solution of sending it off for a 28 day repair service. Even though the item was less than 5 months old and the DVD part didn't even spin to see if a disk was in.

Not only that, but it took the manager an hour before he even took it out the box and plugged it in.

I asked to see a copy of their Warenty policy, he was unable to produce ANY documentation relating to DSG's return's/warenty policy, but did go off to his office and returned with a DSG web page printed out (I was sure that this broke one of the legislations in place to protect the consumer???)

I asked to go onto the web, and found the goverment page where the 'Sale of Goods Act 1995, as amended 2002' sat.
I found the section (48a) that explained the rights for items less than 6 months old.

Sub Section b stated.

The BUYER has the right to ask for a replacement from the SELLER.

He stated he STILL would not offer a replacement, stating it's the SELLERS choice of what they offer..!

WHY ???

I don't want repaired goods, I bought NEW and expect it to last a resonable period, I do not want my grandson to have no TV etc for a month, and then after a month, end up with a repaired item..!

Comments PLEASE..!

neilmcl

Maybe you should check your facts before trying to argue your point regarding the SOGA and your rights to a remedy. Whilst you can ask for a replacement the SOGA clearly stipulates that you cannot require the retailer to offer a replacement if it is disproportionate to any other remedy, ie, a repair. PC World are well within their rights to offer a repair if this is less costly to them than a replacement. Bearing in mind any remedy must not cause a significant inconvenience.

If, however, the TV was recently purchased, ie, within the last month, then you may be able to get a full refund by arguing that you're still within the reasonable period to fully reject the faulty goods.

frannyann

PC world in Tunbridge Wells are utterly useless, full stop!

It took them a year to admit my laptop was not actually repairable, after attempting to fix it about 7 times before finally replacing it!! Never use them again!

dEfEndEr_2

Taken from Consumer Direct

When can I get a refund? When will I be entitled to only a repair or replacement?

If you are returning goods that are not of satisfactory quality or not as described and you return them within a reasonable period of time you may be entitled to ask for a full refund. If you have had some use from the goods or have had them for a while before you take them back you could ask for a repair or a replacement item. You, as the consumer, have the option of which solution you would like, however you must not require the trader to repair or replace the goods if this would be too costly, as compared to another remedy.
If a repair or replacement is not possible for the trader to provide, then you may be entitled to a reduction in the price of the goods to reflect the use up to that point or a refund. These remedies exist alongside the remedies available to you under the general law to terminate the contract for breach of condition and obtain a full refund.
Any remedy that is carried out by the trader must be carried to be within a reasonable time for the consumer and without causing significant inconvenience.


So your saying I missread that, or the advise they give is WRONG ???
It's a £189.99 unit,
My Costs to send off an item of this size/weight would be around £25 each direction.
The cheapest repair service to look at an item like that is around £50
Thats already over 50% of the cost of the item
.

Not unreasonable, for me to ask for a replacement, as stated above, MY RIGHT to ask, not to be TOLD they repair..!

Very inconvienint for my 7 year old to not be able to have bedtime stories playing while I'm stuck at work..!

PHYTHIAN

Neil is right Defender. You have to be reasonable.

If the TV had broken during the first 28 days, you would have the right to say it was faulty when supplied and therefore you want a replacement or refund. However, you have had use of it for almost 5 months and therefore you can't REASONABLY say it was faulty when first supplied. The retailer therefore has the right to repair the item.

I would ring the store if i was you, speak to the same manager, grit your teeth and apologise. You may need him on your side depending on what comes out when the repair is investigated.

dEfEndEr_2

Thats not what the act states. 6 months is the time frame where the consumer does not have to prove the items was MADE faulty, but up to the trader to PROVE IT WASN'T..!

After 6 months it's up to the consumer to prove it was.

It's a huge document, and I've read alot of it..!

dEfEndEr_2

48AIntroductory

 
(1)This section applies if—
(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and
(b)the goods do not conform to the contract of sale at the time of delivery.
(2)If this section applies, the buyer has the right—
(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or
(b)under and in accordance with section 48C below—
(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or
(ii)to rescind the contract with regard to the goods in question.
(3)For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.
(4)Subsection (3) above does not apply if—
(a)it is established that the goods did so conform at that date;
(b)its application is incompatible with the nature of the goods or the nature of the lack of conformity.
Annotations:

Amendments (Textual)

Pt. 5A (ss. 48A-48F) inserted (31.3.2003) by S.I. 2002/3045, reg. 5

48BRepair or replacement of the goods

 
(1)If section 48A above applies, the buyer may require the seller—
(a)to repair the goods, or
(b)to replace the goods.
(2)If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
(3)The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—
(a)impossible, or
(b)disproportionate in comparison to the other of those remedies, or
(c)disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.
(4)One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account—
(a)the value which the goods would have if they conformed to the contract of sale,
(b)the significance of the lack of conformity, and
(c)whether the other remedy could be effected without significant inconvenience to the buyer.
(5)Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—
(a)the nature of the goods, and
(b)the purpose for which the goods were acquired.
Annotations:

Amendments (Textual)

Pt. 5A (ss. 48A-48F) inserted (31.3.2003) by S.I. 2002/3045, reg. 5

As I've stated, I do NOT want a repaired item..!

Mankysteve

because it states that if an item fails with 6 mouths of purchase it up to them to prove it does not have an inherent fault, it does not mean you can walk straight into the store and demand they sort it there and then. They are within there right to get the item checked out to established what caused the fault by a professional engineer.

As other have said you can ask for repair/replacement/refund but the option you choose must not put the retailers significantly out of pocket. So give up on using that line your not goign to get any where with it. (Read line 3B in the piece you've just C&P)

Your only real chance of getting a replacement rather than repair is under the time to repair must not be of significant inconvenience.

You reading the bits of text you want to see and ignoring what it actually says

Optimist

PC World would consider a replacement disproportionate and a repair is the option they choose to offer.

Your entitled to reasonable compensation which would usually be a repair or indeed the cost of repair

Sorry your on a hiding to nothing

PHYTHIAN

dEfEndEr wrote: »

48AIntroductory

 
(1)This section applies if—
(a)the buyer deals as consumer or, in Scotland, there is a consumer contract in which the buyer is a consumer, and
(b)the goods do not conform to the contract of sale at the time of delivery.....THEY DID...You had use of it for 5 months
(2)If this section applies, the buyer has the right—
(a)under and in accordance with section 48B below, to require the seller to repair or replace the goods, or
(b)under and in accordance with section 48C below—
(i)to require the seller to reduce the purchase price of the goods to the buyer by an appropriate amount, or
(ii)to rescind the contract with regard to the goods in question.
(3)For the purposes of subsection (1)(b) above goods which do not conform to the contract of sale at any time within the period of six months starting with the date on which the goods were delivered to the buyer must be taken not to have so conformed at that date.

XXXXXXXXXX you didn't highlight this partXXXXXXXXXXXXXXXXXX
(4)Subsection (3) above does not apply if— (a)it is established that the goods did so conform at that date;XXXX and this part in particular.
(b)its application is incompatible with the nature of the goods or the nature of the lack of conformity.
Annotations:

Amendments (Textual)

Pt. 5A (ss. 48A-48F) inserted (31.3.2003) by S.I. 2002/3045, reg. 5

48BRepair or replacement of the goods

 
(1)If section 48A above applies, the buyer may require the seller—
(a)to repair the goods, or
(b)to replace the goods.
(2)If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
(3)The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—
(a)impossible, or
(b)disproportionate in comparison to the other of those remedies, or
(c)disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.
(4)One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account—
(a)the value which the goods would have if they conformed to the contract of sale,
(b)the significance of the lack of conformity, and
(c)whether the other remedy could be effected without significant inconvenience to the buyer.
(5)Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—
(a)the nature of the goods, and
(b)the purpose for which the goods were acquired.
Annotations:

Amendments (Textual)

Pt. 5A (ss. 48A-48F) inserted (31.3.2003) by S.I. 2002/3045, reg. 5

As I've stated, I do NOT want a repaired item..!

Sorry but I'm just giving my opinion based on my previous experience. I suggest you ring Trading Standards or some such. Good luck.

Littlemiss27

dEfEndEr wrote: »

Thats not what the act states. 6 months is the time frame where the consumer does not have to prove the items was MADE faulty, but up to the trader to PROVE IT WASN'T..!

After 6 months it's up to the consumer to prove it was.

It's a huge document, and I've read alot of it..!

I'm no expert on the SOGA but i think you are confusing the right to reject a faulty item and the right to a rememdy.

As i understand it you have the right to reject an item for a reasonable time after purchase (normally this ranges from a couple of days to a month depending on the item/where item was purchased) meaning within this time you can return a faulty item for a refund.

After this reasonable time has passed you have the right to a remedy (repair/replace/refund). The consumer can request any remedy but, as neilmcl says, the consumer cannot require the retailer to offer a remedy if it is disproportionate to any other.

The six month period you mention is, I believe, the period when the retail must remedy the situation unless they can explicitly prove the item was not faulty when manufactured. After the first six months the retailer does not have to offer any remedy unless it is proven by the customer that the item was faulty when manufactured.