Mis-sold product damages other products?

vaio

from the item description on the Amazon site......

......Provides Travel DUAL connection for iPod/iPhone/iTouch/Digital Camera/Mp3 Players etc.... (or indeed any device which charges via USB Cable when connected to your PC/Mac) device USB cables directly to mains instead of charging from USB port. Produces identically to the unit currently supplied by Apple/OEM Providers.......

it's a usb charger which should work with all USB devices and if it doesn't then the retailer should pick up the costs, direct & consequential

smos585

vaio wrote: »

from the item description on the Amazon site......

it's a usb charger which should work with all USB devices and if it doesn't then the retailer should pick up the costs, direct & consequential

You are right........its right down at the bottom of the product description.

I was looking only at the OP's original post.

I guess the OP should put this in writing to Amazon. Its a pity he has returned it before checking the power/voltage output.

He still has to check their T&C and ultimately ask himself/herself whether it is worth fighting this without the kit etc.

PS Why not post a review on the Amazon site regarding this item?

steve1980

Were you charging the handsfree via the USB port on your PC or via a 240v plug socket?

esuhl

robmar0se wrote: »

There are two caveats to this: 1 if the specification is specific as to what it is for, and/or 2, if Amazon's terms and conditions explicitly excludes consequential loss (which pretty standard).

You have the right to damages for consequential losses. They are statutory rights (in certain circumstances) and cannot be taken away from you. If Amazon have a consequential loss exclusion clause in their terms, I think they may be committing an offence by deceiving the customer of their rights. Have a look at the Sale of Goods Act.

If Amazon don't play ball, the next step would be to work out the damages (cost of repairing/replacing damaged equipment, phone calls, postage charges, etc.). Write a letter to Amazon headed "Final Notice Before Action" (by recorded delivery) and say that you will sue them to recover the money if they do not cough up. Then follow the procedure at HM Courts Service's Money Claim Online website.

(I'm not a lawyer and this isn't legal advice, okay?!)

robmar0se

esuhl wrote: »

You have the right to damages for consequential losses. They are statutory rights (in certain circumstances) and cannot be taken away from you. If Amazon have a consequential loss exclusion clause in their terms, I think they may be committing an offence by deceiving the customer of their rights. Have a look at the Sale of Goods Act.

If Amazon don't play ball, the next step would be to work out the damages (cost of repairing/replacing damaged equipment, phone calls, postage charges, etc.). Write a letter to Amazon headed "Final Notice Before Action" (by recorded delivery) and say that you will sue them to recover the money if they do not cough up. Then follow the procedure at HM Courts Service's Money Claim Online website.

(I'm not a lawyer and this isn't legal advice, okay?!)

I thought there may be a clause - in my experience exclusion of consequential costs is drafted as they could be limitless & is not something any company will bear by right,

Amazon's T&C - We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. Amazon.co.uk does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.

I'm not a lawyer either but have read contracts, and usually something like this is nearly always present - suggestion: go ask CAB - I'd be interested in their comments too.

esuhl

robmar0se wrote: »

I thought there may be a clause - in my experience exclusion of consequential costs is drafted as they could be limitless & is not something any company will bear by right,

I've seen that kind of thing on software licence agreements, but the terms of such contracts state that it is not designed for and should not be used in situations where malfunction would cause damage - so you wouldn't have a claim against Microsoft if you used Windows ME to control a nuclear power station that went into meltdown due to a bug. And (sadly) not even if that important document you were working on disappeared after the OS crashed - you should have saved and backed up more often!

But as long as the product is being used as intended and you aren't being careless/reckless, I think you can claim unlimited damages.

Actually, I think I might be wrong in thinking that the OP should claim under the Sale of Goods Act; it looks like the Consumer Protection Act is more relevant. Section 2 lists every person who is liable for damage resulting from product defects:

(a) the producer of the product;
(b) any person who, by putting his name on the product or using a trade mark or other distinguishing mark in relation to the product, has held himself out to be the producer of the product;
(c) any person who has imported the product into a member State from a place outside the member States in order, in the course of any business of his, to supply it to another.

And I think the Consumer Credit Act may make the credit card company jointly liable (if you paid by credit card).

Section 1 of this page from the ICLG on Product liability gives some advice as to who is liable in such situations:

In order to establish negligence, it is necessary to prove that the Defendant owed a duty of care to the Claimant, that he breached that duty by failing to take reasonable care, and that the breach caused the damage complained of. Such claims are commonly brought against the manufacturer of a defective product, although they may also be brought against other parties in the supply chain, if fault can be established.

robmar0se wrote: »

suggestion: go ask CAB - I'd be interested in their comments too.

Top advice. Never trust an armchair lawyer with anything that actually matters!

steve1980

esuhl wrote: »

Top advice. Never trust an armchair lawyer with anything that actually matters!

Or a public servant who sits in an office giving leaflets out.

Get professional legal advice. Not through the CAB.

vaio

robmar0se wrote: »

I thought there may be a clause - in my experience exclusion of consequential costs is drafted as they could be limitless & is not something any company will bear by right,

Amazon's T&C - We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. Amazon.co.uk does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.

I'm not a lawyer either but have read contracts, and usually something like this is nearly always present - suggestion: go ask CAB - I'd be interested in their comments too.

I’m pretty sure that business to business contracts can exclude reasonably foreseeable consequential losses but business to consumer contracts can’t.

In the case of the OP it’s in the blindingly obvious category that a usb charger could be used to charge other usb devices and would damage them if the charger was faulty so no problem

esuhl

steve1980 wrote: »

Or a public servant who sits in an office giving leaflets out.

Get professional legal advice. Not through the CAB.

Fair enough. I'd still go to a CAB in the first instance to see if they can provide any other avenues for investigation. They might just happen to say something like, "Oh - have you not read the USB Chargers Sold by Amazon Act 2011?" (unlikely, but you never know!). Then you can go off, read it, and try to get a better idea of whether you have a case and how to proceed before you get real legal advice (or decide that you know enough to make a small claim in the county court).

RussJK

steve1980 wrote: »

Get professional legal advice. Not through the CAB.

One can get professional legal advice from the CAB, since lawyers are just as capable of volunteering as anyone else.

A 5-15 minute chat on the phone with a lawyer can give a lot of context to the situation.