Consumer Rights: MSE Article discussion (DO NOT ASK CONSUMER QUESTIONS HERE)

tobeloy

Could I ask for some advice on which way I should proceed, I purchased a sat nav from ebuyer in December 2009 I have used it infrequently and on no more than 6 occasions and the last time was in october 2010.

I set it up in the car the other day to use and I noticed when driving that the sat nav has an issue with its position on the road, for example I am passing junctions, roads etc before the sat nav does, in effect its running slow and thats how I can describe it.

I have troubleshooted it and reset the system and the problem is still there. I emailed ebuyer and explained my situation but they have quoted that the warranty is up and they cannot help.

I however think that I may have some rights as I have used the product very infrequently and it is still very new, I accept if I had used the item more frequently that this fault may have come to light sooner but that is not my fault.

My question is that do I have any more rights as I believe that the sat nav has not lasted for a satisfactory amount of time as it has only been used infrequently??

Advice appreciated

Thanks

Tonyj999

derrick wrote: »

You have a "reasonable time" to inspect, the problem is what is reasonable? In your case I think you have a point, in that you bought a product prior to an installation and therefore you should go back to the seller under SoGA, their T&Cs do not override statutory rights, (maybe for future reference, goods purchased in this type of case should be examined upon receipt).

From WHICH

.................... However the law says that you must have ‘reasonable opportunity of examining the goods for the purpose of ascertaining whether they are in conformity with the contract’, which, in some cases, may be up to a year.............


The retailer’s obligations
If there is an obvious fault with the item at any time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty.


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Thanks for this - very informative. They are now stone walling me and not answering any emails or calls. As I paid for it via a credit card can I take it to them?? I want a replacement but at the end of the day if i have to buy another one I don't want to be out of pocket....

Tony

derrick

Tonyj999 wrote: »

Thanks for this - very informative. They are now stone walling me and not answering any emails or calls. As I paid for it via a credit card can I take it to them?? I want a replacement but at the end of the day if i have to buy another one I don't want to be out of pocket....

Tony

You can go to the CC company under S75 if the product was over £100. as you have the same rights against them as the retailer.

If less than £100. then you can attempt a chargeback, (if a VISA card), but remember there is a 120 day limit to claim this way.

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mo786uk

tobeloy wrote: »

Could I ask for some advice on which way I should proceed, I purchased a sat nav from ebuyer in December 2009 I have used it infrequently and on no more than 6 occasions and the last time was in october 2010.

I set it up in the car the other day to use and I noticed when driving that the sat nav has an issue with its position on the road, for example I am passing junctions, roads etc before the sat nav does, in effect its running slow and thats how I can describe it.

I have troubleshooted it and reset the system and the problem is still there. I emailed ebuyer and explained my situation but they have quoted that the warranty is up and they cannot help.

I however think that I may have some rights as I have used the product very infrequently and it is still very new, I accept if I had used the item more frequently that this fault may have come to light sooner but that is not my fault.

My question is that do I have any more rights as I believe that the sat nav has not lasted for a satisfactory amount of time as it has only been used infrequently??

Advice appreciated

Thanks

You have rights under the sale of goods act for a repair.

the fault in question is a bit unusual though as I have never heard of a sat nav doing that.

MultiCat

I recently (past 2 months) bought a Acer netbook from an Argos store. Dead pixels started appearing on the left hand side of the screen within a month, despite no damage being made (I haven't dropped it, put pressure on the screen, bent the hinges too far back, etc.).

I misread the Argos return policy to say that they wouldn't take back electrical items. It's now been 2 months since I purchased the netbook and I've sent it off to Acer for repair. They wanted £100 (half the price I paid for it) to repair the damaged screen. I've written a complaint (but have still not been contacted 3 weeks later) and had the netbook returned to me. The damage is now worse.

What else can I do?

derrick

MultiCat wrote: »

I recently (past 2 months) bought a Acer netbook from an Argos store. Dead pixels started appearing on the left hand side of the screen within a month, despite no damage being made (I haven't dropped it, put pressure on the screen, bent the hinges too far back, etc.).

I misread the Argos return policy to say that they wouldn't take back electrical items. It's now been 2 months since I purchased the netbook and I've sent it off to Acer for repair. They wanted £100 (half the price I paid for it) to repair the damaged screen. I've written a complaint (but have still not been contacted 3 weeks later) and had the netbook returned to me. The damage is now worse.

What else can I do?

Take it back to Argos under SoGA, in the first 6 months it is up to the retailer to prove the fault was not there at purchase, not for you to prove it was, you have no contract with Acer.

SoGA

Part 5A

[FONT=&quot]48A Introductory;-

(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.[/FONT]


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flyer

I know there are a lot of threads about Harveys, but I can't find what I'm looking for. Basically, I bought a settee and chair from them a couple of years ago. The chair gets little use (there's only two of us) but has broken. Looking at it, it appears to be a manufacturing fault. Naturally, Harveys don't want to know. I believe Citizens Advice do letter templates, but I can't find them. Can anyone point me in the right direction?

P.S. Harveys stance is that, under SoGA, after six months it is up to me to prove it is faulty!

derrick

flyer wrote: »

I know there are a lot of threads about Harveys, but I can't find what I'm looking for. Basically, I bought a settee and chair from them a couple of years ago. The chair gets little use (there's only two of us) but has broken. Looking at it, it appears to be a manufacturing fault. Naturally, Harveys don't want to know. I believe Citizens Advice do letter templates, but I can't find them. Can anyone point me in the right direction?

P.S. Harveys stance is that, under SoGA, after six months it is up to me to prove it is faulty!

Harveys are correct, you will need an independant report, ideally one agreed between you and Harveys, if proved in your favour the report cost will be refunded, even if it means going through the SCC.

Template letters from Consumer Direct, you will need template No 6, then possibly No 10.
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flyer

What happened to the durability test as part of quality?

derrick

flyer wrote: »

What happened to the durability test as part of quality?

Covered under SoGA, for which you still need the independant report.


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