Bestbuy U.K Warning

kentishplato

I have read all the problems with P.C. World in the past have and never made a purchase from them. Always used Argos or a reputable shop with a no quibble returns policy.
On Saturday last i bought a new T.V and an indoor aerial from Bestbuy at Thurrock. I was not warned that the aerial might not provide an adequate reception when purchasing it.
The aerial proved unsuitable so i packaged it up and today returned it.
I was informed there would be a "restocking fee." I informed the manager and the assistant dealing with my returned goods that i knew my rights and would not accept any penalty of this kind.
They refunded my money in full but only as a "goodwill gesture."
The long and the short of this post is that Bestbuy are a U.S company trading in the U.K.
U.S customers have not a fraction of the consumer rights we have here and Bestbuy by their actions are in my opinion intent on whittling down our rights, at our expense.
I might add that i am very happy with the T.V and it's price but i am now very apprehensive that i am in for a big legal fight should anything go wrong.
Just as is the experience of many customers of P.C World.
I post this as a warning that for hassle free shopping stick to tried and tested companies such as Argos who bend over backwards to make their customers happy. I for one will have Bestbuy on my blacklist and will never set foot in one of their stores again no matter what the bargain.

vikingaero

Well Argos seem to have plenty of bad press on here! Argos seem to have more and more goods (especially electricals) which they exempt from their money back guarantee.

If you have poor TV reception then nothing short of a roof aerial will sort out the problem.

Are you confusing your right to return with the Distance Selling Regs?

Blacksheep1979

long and short of it is if you bought the product in the shop unless the salesman said the aerial would do something it wouldn't then you have no right to any sort of refund (unless advertised).

Esqui

Yes, unless they particularly said "this will work everywhere" you have no rights - after all, they don't have any way of checking your reception, so it's up to you to ensure a product is suitable for you if you haven't otherwise asked.

Also, Argos, in some cases, have a more restrictive returns policy - many of their items you can't return at all under change of mind.

(From experience, "I know my rights" is often followed by an amusing made-up version of the law.)

kentishplato

Thank you for your replies. As regards Argos my experience has been all good so i write from that position. As for "i have no rights"...I disagree!!! It is the onus of the seller and the proposer of the contract to ensure that the goods are "fit for purpose." If i ask if the aerial will be suitable and there is no clear reply as in this case then full disclosure has not taken place and i am entitled to void the contract and the remedy required is a full refund. Which i obtained. I might add that i recently had a bad experience with House Of Fraser and was advised by a government consumer "expert" that i had no rights to a refund. I got that refund by stating my rights as the law defines. So i hope anyone who is reading this forum is not misled into believing they have no rights. There is far too much of this passive acceptance in this country that "they" are right and we are wrong. So having read the replies on this forum i would advise anyone who is seeking guidance on here to look elsewhere and especially at The Sale Of Goods Act to enforce their rights. Also be aware that big business has many "trolls" on these forums whose sole purpose for posting on here is to misinform and deceive.

stebiz

Esqui wrote: »

(From experience, "I know my rights" is often followed by an amusing made-up version of the law.)

I think we are all guilty of this to be honest (I know I am), and the more the CS manager clings on to the ropes, the faster these so called 'laws' land,left, right and centre. That is until he throws in the towel!

stebiz

kentishplato wrote: »

Thank you for your replies. As regards Argos my experience has been all good so i write from that position. As for "i have no rights"...I disagree!!! It is the onus of the seller and the proposer of the contract to ensure that the goods are "fit for purpose." If i ask if the aerial will be suitable and there is no clear reply as in this case then full disclosure has not taken place and i am entitled to void the contract and the remedy required is a full refund. Which i obtained. I might add that i recently had a bad experience with House Of Fraser and was advised by a government consumer "expert" that i had no rights to a refund. I got that refund by stating my rights as the law defines. So i hope anyone who is reading this forum is not misled into believing they have no rights. There is far too much of this passive acceptance in this country that "they" are right and we are wrong. So having read the replies on this forum i would advise anyone who is seeking guidance on here to look elsewhere and especially at The Sale Of Goods Act to enforce their rights. Also be aware that big business has many "trolls" on these forums whose sole purpose for posting on here is to misinform and deceive.

You are joking right? This company gave you a 'good will gesture'. Try taking them to court saying I asked if the aerial worked anywhere, and the salesman never replied.

I'm all for us having rights, and I have spent many a day fighting my corner and others (I have studied some law) but come on, let's not get carried away!!

vyle

When selling an indoor aerial I will NEVER guarantee that it will be suitable for the person's area. Surely anybody with half a brain will realise that if they have a roof aerial that's picking up analogue only, then an indoor aerial probably isn't going to get them a consistent digital signal.

But as for your rights, if you've bought something and haven't been assured outright that it will be suitable, then it's your own fault for not doing the research. You got a goodwill gesture, but unless the salesman had categorically stated it would work, Best Buy would be within their rights to tell you to !!!!!! off.

kentishplato

I suggest you aqcuaint yourself with and fully understand the 1979 Sale Of Goods Act before posting your misinformation on here. I believe you may be a troll so in order to prove you are not. Substantiate your derogatory and misinformed remarks by stating exactly which part of this act specifically states that i am not entitled to a refund. Together with the case law precedent that supports your derogatory and misinformed remarks.
And when you have done this, you may also underline your position by stating how i have no remedy through misrepresentation in Common Law. If you cannot do this then shut up and stop misleading people who come on here seeking information about their rights.

vyle

kentishplato wrote: »

I suggest you aqcuaint yourself with and fully understand the 1979 Sale Of Goods Act before posting your misinformation on here. I believe you may be a troll so in order to prove you are not. Substantiate your derogatory and misinformed remarks by stating exactly which part of this act specifically states that i am not entitled to a refund. Together with the case law precedent that supports your derogatory and misinformed remarks.
And when you have done this, you may also underline your position by stating how i have no remedy through misrepresentation in Common Law. If you cannot do this then shut up and stop misleading people who come on here seeking information about their rights.

Firstly a question - do you have any other aerials in the house that DO work? I.e any smaller aerials or a roof aerial?

Did the aerial you bought pick up an analogue signal?

If it picked up no signal whatsoever, it may be faulty and could be tested at the store. If it's NOT faulty, but isn't picking up a decent signal, then I doub't have a claim under it not being "fit for purpose," because it works as an aerial. If you don't have a signal, that's nothing to do with the seller.

Where the seller sells goods in the course of a business and the buyer, expressly or by implication, makes known—

(a) to the seller, or

(b) where the purchase price of part of it is payable by instalments and the goods were previously sold by a credit-broker to the seller, to that credit-broker,

any particular purpose for which the goods are being bought, there is an implied term that the goods supplied under the contract are reasonably fit for that purpose, whether or not that is a purpose for which such goods are commonly supplied, except where the circumstances show that the buyer does not rely, or that it is unreasonable for him to rely, on the skill or judgment of the seller or credit-broker.

Would you consider it reasonable for the seller to know the signal coverage in your area? Because if you have no signal, no aerials will work.

Did the salesman categorically state that the aerial will pick up a digital signal no matter where you are?

What strength aerial did you buy? There are many different sorts that start off with no amplification and can go upwards of 40db. Many aerials also have adjustable controls because with digital signals, too much signal strength is just as bad as too little signal strength.

I don't know if there are any case precedents for portable aerial buyer vs electrical chain, nor can I be bothered to look it up tbh because I have better things to do. But if you can find some I'd gladly peruse them.

kentishplato

vyle wrote: »

Firstly a question - do you have any other aerials in the house that DO work? I.e any smaller aerials or a roof aerial?

Did the aerial you bought pick up an analogue signal?

If it picked up no signal whatsoever, it may be faulty and could be tested at the store. If it's NOT faulty, but isn't picking up a decent signal, then I doub't have a claim under it not being "fit for purpose," because it works as an aerial. If you don't have a signal, that's nothing to do with the seller.



Would you consider it reasonable for the seller to know the signal coverage in your area? Because if you have no signal, no aerials will work.

Did the salesman categorically state that the aerial will pick up a digital signal no matter where you are?

What strength aerial did you buy? There are many different sorts that start off with no amplification and can go upwards of 40db. Many aerials also have adjustable controls because with digital signals, too much signal strength is just as bad as too little signal strength.

I don't know if there are any case precedents for portable aerial buyer vs electrical chain, nor can I be bothered to look it up tbh because I have better things to do. But if you can find some I'd gladly peruse them.

You have used the wrong section of the act ...go and read it properly and understand it. And then answer the whole of my post completely including obligations under common law!!!!