Repair under Distance Selling Regulations

Pimlico

I bought a TomTom GPS from Pixmania. After 11 months it has developed a fault. I've written to Pixmania & they say

You indicate that you desire to return the product TomTom GPS Go 730 Europe for repair.

We inform you that right now this product is on its first year of warrantee, which has to be covered directly by the manufacturer TomTom ..

I am right that it's actually their responsibility?

I've now written to TomTom who have said they will reply in 2 days. I've also written to Pixmania saying that as they are refusing to honour their obligations under DSR I am applying to Paypal for a refund. Am I being unnecessarily stroppy? I don't really mind providing the GPS is fixed, I just get the feeling Pixmania are ducking their responsibilities & giving me needless extra hassle.

deanos

DSR is nothing to do with a warranty claim, not sure if Pix are liable you need to read up on French law

Pimlico

deanos wrote: »

DSR is nothing to do with a warranty claim, not sure if Pix are liable you need to read up on French law

You are right about DSR - I quoted the wrong law. But they ARE responsible under the sale of goods act? I'd link to it in a sensible Forum - what idiot set this one up?

I'm in the UK, bought the goods from the UK, with a UK Bank Account, had them delivered to the UK. What has French Law got to do with anything? See these links ....... (more idiocy)

Anyway, it seems that according to some EU legislation published in 1999, since 2002 it has become a legal requirement that all consumer goods sold in the EU must have a minimum of a 2 year warranty.

So from what I understand, if something breaks within 2 years and the retailer or manufacturer claim that there is only a 1 year warranty, you just need to quote Article 5 of the EU Product Warranty Directive (1999):

See these links ....... (more idiocy)

deanos

You are in the UK and bought the item from France, Pixmania are based in France that's why i said you need to read up on French law

shaun_from_Africa

Even though Pixmania are liable, it might be worth waiting to see what TomTom say.

If you were to return it to Pixmania, they would just send it to TomTom themselves, which would probably end up taking longer than if you were to do it yourself.
After almost a year, you're not entitled to a ful refund, but the retailer has the option to give a repair (provided that it doesn't take too long) or a replacment unit.

I wouldn't be surprised if TomTom simply did an exchange for you.

Under the "2 year law", you still have to prove that the problem is due to an inherent fault which was present at the time of purchase

Googlewhacker

Mate, the 'idiot' that created this website and forum which is a top ten website in the UK i do believe created it so new people cannot do links in the first number of posts (10 I think but it maybe 50) so that spammers don't plague the website.

You are wrong on the 2 year European Law as the sale of goods act is superior and even so if Pixmania was a UK company (which it isn't) they can still ask you to prove the fault is inherent and that you have proof of purchase.

Pimlico

deanos wrote: »

You are in the UK and bought the item from France, Pixmania are based in France that's why i said you need to read up on French law

Interesting, because I paid via my credit card, which is bound by UK law. Maybe I have my choice of law? Refund from the Credit Card under UK Law, repair by Pixmania under French Law? 2 year warranty under EC Law?

If none of that works do I have a Human Right to GPS guidance?

cajef

Pimlico wrote: »

Interesting, because I paid via my credit card, which is bound by UK law. Maybe I have my choice of law? Refund from the Credit Card under UK Law, repair by Pixmania under French Law? 2 year warranty under EC Law?

If none of that works do I have a Human Right to GPS guidance?

Try telling that to Pixmania, they are notorious for bad service and ignoring any laws, although you may have bought it from their subsidiary UK site they will refer everything back to their French parent company who are absolutely abysmal to deal with.

Pimlico

shaun_from_Africa wrote: »

Even though Pixmania are liable, it might be worth waiting to see what TomTom say.

If you were to return it to Pixmania, they would just send it to TomTom themselves, which would probably end up taking longer than if you were to do it yourself.
After almost a year, you're not entitled to a ful refund, but the retailer has the option to give a repair (provided that it doesn't take too long) or a replacment unit.

I wouldn't be surprised if TomTom simply did an exchange for you.

Under the "2 year law", you still have to prove that the problem is due to an inherent fault which was present at the time of purchase

I'm sure you are right, I'm just so ticked off by the run around I've been getting from Pixmania.

Pimlico

Googlewhacker wrote: »

Mate, the 'idiot' that created this website and forum which is a top ten website in the UK i do believe created it so new people cannot do links in the first number of posts (10 I think but it maybe 50) so that spammers don't plague the website.

Just delete the spammers? It's not difficult (I have a phpBB forum & I get spammers too, but I don't pass my pain on to my users like this place).

This "Top Ten" website is 51 in the UK & 1544 worldwide. I'm not knocking it, just letting the pedant inside me have free rein.

isplumm

Hi,

I am confused by this - your TomTom is still in warranty - so deal with them - they should either replace, refund or repair - much quicker than going back to Pixmania ....

Mark