Quick questions on Consumer Rights

davewazere

Hi

I bought a nexus 7 from carphonewarehouse 3 weeks ago. I have had it in a case since I bought it. My problem is today it was dropped from my sofa on to the floor and caused a small crack in the screen. The touch screen no longer works and it is now useless.

Would I be right in thinking that the device was not fit for purpose as it was not durable enough to survive such a small fall with a case? The device itself is in a brand new condition with no scratches, just this crack that happened today.

Cheeres

daf123

I bought my son a cheap Compaq laptop from Currys and PC World eBay store. It packed up and the screen tells me that the system fan is broken. I bought it on 15th Jun 2011 and it came with a 12 month warranty.

I received this reply from Currys and PC World:


Dear customer,

Thank you for your message. We're sorry to hear your encountering difficulties with your purchase.

We note you purchased the product on 15-06-2011, and the item was sold as "New", with a 12 month warranty. As you correctly identify, the warranty period has now expired, and as such we are unable to accept a return of the product under warranty.

We note you seek a return on the basis of the provision of the Sale of Goods Act. The product has evidently serviced your computing needs satisfactorily since it's purchase over 14 months ago and accordingly, has conformed to the provisions of the legislation. As such, a return of this product cannot be accepted.

We appreciate this will be disappointing, but you will understand we must adhere to the warranty provisions and policy in place at the point of sale.


I replied stating that 14 months was not reasonable under the Sale of Goods Act and also quoted the EU DIRECTIVE 1999/44/EC for 24 months (yes, I know, SOGA covers this). I gave them 7 days and I've hear nothing.

What should I do next? Should I contact head office/ directors etc or just issue a small claims court summons (form N1 I think)?

Ta.

wealdroam

daf123 wrote: »

I bought my son a cheap Compaq laptop from Currys and PC World eBay store. It packed up and the screen tells me that the system fan is broken. I bought it on 15th Jun 2011 and it came with a 12 month warranty.

I received this reply from Currys and PC World:


Dear customer,

Thank you for your message. We're sorry to hear your encountering difficulties with your purchase.

We note you purchased the product on 15-06-2011, and the item was sold as "New", with a 12 month warranty. As you correctly identify, the warranty period has now expired, and as such we are unable to accept a return of the product under warranty.

We note you seek a return on the basis of the provision of the Sale of Goods Act. The product has evidently serviced your computing needs satisfactorily since it's purchase over 14 months ago and accordingly, has conformed to the provisions of the legislation. As such, a return of this product cannot be accepted.

We appreciate this will be disappointing, but you will understand we must adhere to the warranty provisions and policy in place at the point of sale.


I replied stating that 14 months was not reasonable under the Sale of Goods Act and also quoted the EU DIRECTIVE 1999/44/EC for 24 months (yes, I know, SOGA covers this). I gave them 7 days and I've hear nothing.

What should I do next? Should I contact head office/ directors etc or just issue a small claims court summons (form N1 I think)?

Ta.

You need to read a little more.

Start with MSE's Consumer Rights guide.

In there you will find that before the seller will do anything, you need to prove that the fault is inherent.
An inherent fault is one that was present at the time of the sale but not necessarily apparent at that time.
The usual way of getting this proof is to get an independent report confirming the cause of the fault.
You will probably have to pay for this report, but if the fault is deemed inherent then the retailer will refund that cost together with providing a remedy.

Read more about possible remedies in that MSE article linked to above.

By the way, the Sale of Goods Act does not offer a two year guarantee, neither does the EU DIRECTIVE 1999/44/EC.

That directive gives you the right to pursue the seller for a remedy for up to two years after the sale.
SOGA gives you that right for up to six* years from the point of sale.

Do not even think about small claims court until you have that proof mentioned above.



*in England and Wales.

daf123

Cheers, wealdroam.

chweetgurl

Hi
I would appreciate advise on my current situation with company Curry's

I ordered Sony Vaio laptop on 18th aug (after intial order cancelled without explaination) this product was highly discounted from £1100 to £599 on offer. I recieved Yodel tracker for my order on 20th aug and on 22nd aug order was delivered to yodel depot with no further progress ever since i spoken to Curry's every single day and they have been promising to be delivered next day (also sametime forcing me to cancel if i was in hurry !) now they claim order is lost by yodel and I agreed to cancel but now only after investigation will they refund my payment although i have not recieved delivery which they are fully aware!
What would be my rights on this situation?

maverick885

Hi

I ordered a Canvas online at the beginning of August which was delivered on 15 August 2012 - it was a gift for a wedding which I gave to the bride and groom on 27 August. I paid using credit card.

The website showed a picture of the canvas and the description was 'Auckland New Zealand cityscape' which I wanted because the recipients have spent a lot of time in NZ.

Quality etc. is fine but when I gave the gift the groom realised the cityscape is of Toronto, Canada not Auckland (both have a surprisingly similar skyline!) To the untrained eye I think both look almost identical as they have the same sort of tower.

On informing the company I purchased it from, I was told I would have to complain but most likely I would not get anything as they have a 7 day return policy. I argued that the goods were not as described and she informed me that as there was a picture of the canvas (i.e. the picture on the website was what was delivered but the description was inaccurate), that I couldn't return it.

I have submitted a formal complaint but wondered if you guys had any ideas about my rights as most of the info I can find is on faulty goods. In my mind this is more about misrepresentation.

Thanks!
Matt

engrut

any advice appreciated
Recently bought 4 toners online, original toners, not refills. once received opened one and noticed I ordered incorrect toners. I still have full undamaged packaging but seller wouldnt accept this back as a return as ''this is now in an unsalable condition'', they agree to take back rest 3 though. toner is expensive £210 and obviously not going to use as it wouldnt fit into my machine.
do I have right to return it and get refund of my money?

many thanks

justifier

engrut i wouldn't have thought so if you have opened it as, as the seller says it is unsellable. If you bought the toners from this seller and received one in an opened box would you accept it? Your best bet is to try and sell it on ebay.

Valli

maverick885 wrote: »

Hi

I ordered a Canvas online at the beginning of August which was delivered on 15 August 2012 - it was a gift for a wedding which I gave to the bride and groom on 27 August. I paid using credit card.

The website showed a picture of the canvas and the description was 'Auckland New Zealand cityscape' which I wanted because the recipients have spent a lot of time in NZ.

Quality etc. is fine but when I gave the gift the groom realised the cityscape is of Toronto, Canada not Auckland (both have a surprisingly similar skyline!) To the untrained eye I think both look almost identical as they have the same sort of tower.

On informing the company I purchased it from, I was told I would have to complain but most likely I would not get anything as they have a 7 day return policy. I argued that the goods were not as described and she informed me that as there was a picture of the canvas (i.e. the picture on the website was what was delivered but the description was inaccurate), that I couldn't return it.

I have submitted a formal complaint but wondered if you guys had any ideas about my rights as most of the info I can find is on faulty goods. In my mind this is more about misrepresentation.

Thanks!
Matt

send a LETTER BEFORE action

tell them you ordered a picture of Auckland; you received a picture of Toronto
you would therefore like (you choose) a refund or a replacement (obviously you will return the unwanted canvas) within 14 days of the date of the letter or you will escalate your claim to small claims,

check DirectGov site for how to do a claim

Hoploz

I cancelled an online order (before 9am) as I had been waiting 4 weeks when it should have taken a few working days, following many email exchanges asking where it was.
The company then dispatched later that same day, (they sent email at 3pm to tell me) I emailed to reiterate that I had cancelled and they should get it back from courier.
It then turned up next day.
I refused it (I had purchased elsewhere)
They want to charge me £15 for refusing parcel, rather than accepting it and sending it back separately.

My gripe is, I cancelled BEFORE dispatch, and later told them they should not send it, and they still did.

Surely I am entitled to a full refund?