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Consumer Right Question

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I purchased a camera on a well known website last month prior to my holiday in America. Whilst there the camera stopped working, I popped into a camera shop and took it to the manufacturers counter who advised me it was best for them not to repair it but for me to return it. As I was away this wasn't soemthing I could do immediately, I purchased a new camera and continued with my holiday.
When I returned contacted the company to request a refund. I have been told that as I have had the camera for over 28 days I am only eligible for a repair and not a replacement - however I don't need 2 cameras, just a refund for the faulty one. Where do I stand?

Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I purchased a camera on a well known website last month prior to my holiday in America. Whilst there the camera stopped working, I popped into a camera shop and took it to the manufacturers counter who advised me it was best for them not to repair it but for me to return it. As I was away this wasn't soemthing I could do immediately, I purchased a new camera and continued with my holiday.
    When I returned contacted the company to request a refund. I have been told that as I have had the camera for over 28 days I am only eligible for a repair and not a replacement - however I don't need 2 cameras, just a refund for the faulty one. Where do I stand?
    They are entitled to offer a repair or replacement.

    Ok, assuming they do that, you will then have two working cameras.

    Why not get a refund on your second one... because you don't need two?
    That's not going to work either is it? :D

    Neither retailer is going to give you a refund just because you now have two cameras.

    Get you first camera repaired and stick one on ebay.
  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    On rather shaky ground unfortunately, although so are they. If goods are faulty the retailer can offer to replace or repair in the first instance. They can offer a refund but, in the case of something that's repairable, a repair is reasonable. The 28 days is a bit of a red herring. It's not true that after this period they are only obliged to repair your goods. In fact they can offer to repair, replace or refund.

    However, the fact remains, an offer of a repair (rather than a refund) is not unreasonable - it was your choice (understandably so of course) to buy another camera. I don't think you can insist on a refund. They must make good your original purchase but a repair or replacement would be acceptable in terms of the law.
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Get the faulty 1 repaired then sell it simples,
  • fluffnutter
    fluffnutter Posts: 23,179 Forumite
    Christmas present?
    "Growth for growth's sake is the ideology of the cancer cell" - Edward Abbey.
  • If tt failed within the 28 day period but you couldnt take it back because of being out of the country then surely you can get a refund?

    Other than that yes, i'd get it repaired then sell it on ebay, or better still find somewhere else as ebay suck if youre a seller. Also be sure to write a complaint letter to the company and leave negative reviews on various reviews sites if you feel they have let you down.
  • PeteJC21 wrote: »
    If tt failed within the 28 day period but you couldnt take it back because of being out of the country then surely you can get a refund?

    It doesn't matter where you are or what your means are to return a product - if their returns policy (which is what I expect the 28 days for a refund comes from) states they will refund within 28 days, then you need to return it within 28 days to get the refund. It isn't the retailer's fault if you went abroad or were incapacitated for the 28 days.

    Under soga they have the option to repair, replace or refund (retailer's choice of which option to take) a faulty item - it's under these statutory rights that OP will have to deal with the problem since they are outside the 28 day return policy.
    Common sense?...There's nothing common about sense!
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    PeteJC21 wrote: »
    Also be sure to write a complaint letter to the company and leave negative reviews on various reviews sites if you feel they have let you down.
    That's a silly suggestion.

    The company has done nothing wrong, have they?
  • visidigi
    visidigi Posts: 6,562 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    what's the website?

    If its amazon they have been understanding for me int he past when I've explained the situation, but like others have said, in any case, they are no obliged to refund you...
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    PeteJC21 wrote: »
    If tt failed within the 28 day period but you couldnt take it back because of being out of the country then surely you can get a refund?

    Other than that yes, i'd get it repaired then sell it on ebay, or better still find somewhere else as ebay suck if youre a seller. Also be sure to write a complaint letter to the company and leave negative reviews on various reviews sites if you feel they have let you down.

    what good will a letter to the company do, the firm dont have to offer a refund but have offered a repair which is perfectly acceptable.
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