Faulty Ninendo DSI from John Lewis - Help

frosty123_2

Hi, please can you help me as I getting no help at all from John Lewis.

I purchased a Nintendo DSI XL from John Lewis for my wife for Christmas. Within a week it developed a fault, but my wife developed cancer at around the same time. Hence the fault was forgotten.

The DS is now around 3 months old and has a one year warranty.

John Lewis say I should contact Nintendo, but I think John Lewis should be dealing with it. I thought John Lewis had such a great reputation, but they couldn't be doing any less to help me.

In short, should I insist that John Lewis deal with the faulty DS?

Thanks Mark

m5rcc

Invoke the Sales of Goods Act on JL - if it fails within 6 months JL are liable for sellign a faulty product. They ought to replace it.

PZH

frosty123 wrote: »

Hi, please can you help me as I getting no help at all from John Lewis.

I purchased a Nintendo DSI XL from John Lewis for my wife for Christmas. Within a week it developed a fault, but my wife developed cancer at around the same time. Hence the fault was forgotten.

The DS is now around 3 months old and has a one year warranty.

John Lewis say I should contact Nintendo, but I think John Lewis should be dealing with it. I thought John Lewis had such a great reputation, but they couldn't be doing any less to help me.

In short, should I insist that John Lewis deal with the faulty DS?

Thanks Mark

Technically, yes, your contract is with John Lewis.

Realistically, it may be worth a quick call or email to Nintendo ( I assume they have a UK presence? ) to see if they can deal with the fault.

Bear in mind - all John Lewis will probably do is send it to Nintendo anyway.

m5rcc wrote: »

Invoke the Sales of Goods Act on JL - if it fails within 6 months JL are liable for sellign a faulty product. They ought to replace it.

They have the right to send it for evaluation to prove it is a fault and not damage.

They also have the right to refund, repair or replace...

elsien

Your contract is with the retailer not the manufacturer under the sale of goods act. - they're fobbing you off.

Have a look at this - there's a template complaints letter in there if you need it.
http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/SGAknowyourrights/

m5rcc

elsien wrote: »

Your contract is with the retailer not the manufacturer under the sale of goods act. - they're fobbing you off.

Have a look at this - there's a template complaints letter in there if you need it.
http://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/SGAknowyourrights/

Im very suprised JL are acting like this in all honesty....

frosty123_2

Hi m5rcc
Here are my mails from John Lewis:-
First response
"Thank you for your e-mail regarding your Nintendo DSI. We are sorry to hear of the problems you have been experiencing with this product. In order to resolve these issues we would advise contacting Nintendo"

Second response
"Thank you for your email regarding your Nintendo DSI.
I am sorry to hear that we have not been able to resolve this issue for you thus far.
Our returns policy for faulty products is 28 days, after this time it is then the manufacturers responsibility to resolve the fault with the product."

Next response
"As my colleague mentioned in her previous email Nitendo (sic) request they are contacted"

I'd never ever buy from John Lewis again. Ironically I only bought from them because of their reputation

PZH

m5rcc wrote: »

Im very suprised JL are acting like this in all honesty....

Yes, is a bit surprising isn't it?

OP - does it say who the warranty is with ( it might be with Nintendo themselves anyway )

Don't JL have a board rep? Although maybe only looks at the Consumer Rights section?

m5rcc

frosty123 wrote: »

Hi m5rcc
Here are my mails from John Lewis:-
First response
"Thank you for your e-mail regarding your Nintendo DSI. We are sorry to hear of the problems you have been experiencing with this product. In order to resolve these issues we would advise contacting Nintendo"

Second response
"Thank you for your email regarding your Nintendo DSI.
I am sorry to hear that we have not been able to resolve this issue for you thus far.
Our returns policy for faulty products is 28 days, after this time it is then the manufacturers responsibility to resolve the fault with the product."

Next response
"As my colleague mentioned in her previous email Nitendo (sic) request they are contacted"

I'd never ever buy from John Lewis again. Ironically I only bought from them because of their reputation

JL are not above the law. Go to a store and demand to speak to the Head of Sales for electronics and demand a replacement citing Sales of Goods Act. You by law are allowed to returns the goods in the first six months from the date of sale and requests a repair or replacement or a partial refund. In that case, you do not have to prove the goods were faulty at the time of sale. It is assumed that they were. If the retailer does not agree, it is for the retailer to prove that the goods were satisfactory at the time of sale which Jl cannot do.

PZH

m5rcc wrote: »

JL are not above the law. Go to a store and demand to speak to the Head of Sales for electronics and demand a replacement citing Sales of Goods Act.

Why "demand" - it will only get people's backs up and be less inclined to help. This just results in stress (for the shop assistants as well as the buyer) and delayed repairs, replacements or refunds.

The retailer has the right to prove the goods have not been damaged maliciously (OP - I am NOT saying this is the case) - and any rude or bad behaviour may just delay this (This principle is for ALL shops and not aimed specifically at JL)

Stay calm - they may just swap it anyway

m5rcc

phoodless wrote: »

Why "demand" - it will only get people's backs up and be less inclined to help. This just results in stress (for the shop assistants as well as the buyer) and delayed repairs, replacements or refunds.

The retailer has the right to prove the goods have not been damaged maliciously (OP - I am NOT saying this is the case) - and any rude or bad behaviour may just delay this (This principle is for ALL shops and not aimed specifically at JL)

Stay calm - they may just swap it anyway

Does demand equal aggression? I say "demand" because those at a cash desk are not necessarily the sharpest staff at the shop.

PZH

m5rcc wrote: »

Does demand equal aggression? I say "demand" because those at a cash desk are not necessarily the sharpest staff at the shop.

I agree that shop staff are not always fully aware of consumer rights and very often ignorant of the full facts if they think they do.

No, demand does not (always) equal aggression, but I still query the use of the word. It is easily mistaken for aggressive, especially when people ask on a forum for advice as they are already wound up or frustrated.

Sorry if it sounded like I was having a go at you.

OK - maybe we can agree with "politely demand"?