Elderly Man has a problem

arcon5

DVardysShadow wrote: »

I would say that he is entitled to a refund. He asked for a Kindle and was sold the other thing as an equivalent, in reliance upon the shop.

He also had the opportunity to decline the alternative or inspect it, including how it charges.

Flyboy152 wrote: »

Indeed, it sounds as though it is not fit for purpose.

I struggle to see how you can argue it is not fit for purpose, it does what it is supposed to do -- it's just not suitable for ops father who didn't compare the features of the Kindle and the Sony, which I imagine we're listed alongside the product.

Pretty well important to have the instructions in language the customer can understand. Otherwise how can they get to know how it works? If they can't get it to work, it is not fit for purpose.

Surely that would depend on the products ease of use. You wouldn't necessarily need an instruction manual for a DVD ROM drive for example. You also don't receive insturction manuals with Windows OS which is infact very complex, especially to somebody with little computing experience -- yet I doubt you could consider it unfit for purpose on the grounds you cannot use it -- same if you buy VB.NET to learn programming for example.

Also as above, I imagine there are help sections o nthe device, effectively acting as the manual. Maybe worth op checking this to confirm or otherwise.

arcon5

ThumbRemote wrote: »

Wheels are readily available for cars. But if I bought a new car, I'd expect them to be included, not to have to obtain them seperately.

As an aside, if the manual contains safety instructions then the retailer is opening themselves up to all sorts of risk by not supplying it in English.

On that same argument, ink cartridges are also a fundamental part of using a printer - yet not all printers include cartriddges in the box.

I am surprised though it doesn't have English writing in it. Instruction manuals usually have a range of languages in one booklet.

It would also be worth op checking to see if on the first use there is some kind of 'setup wizard' or 'help guide' or something which is in effect a digital version of the instruction manual.

arcon5

unholyangel wrote: »

You could call consumer direct or trading standards and see if they'll help. You're not looking to return it under their policy, you're looking to return it because it is not fit for purpose. Its like selling a bald man a comb when he asked for a hat (well, more or less :rotfl:)

:rotfl:

As much as that made me laugh, I don't think you'd necessarily have a case for not fit for purpose if you as a bald man purchased a comb. Especially given the choice of declining the offer presented by the retailer. I would be like me purchasing a box of Tampons for the OH then breaking up and trying to return them because they are of no use to me.

In the case presented by op, if the features & requirements was clear I struggle to see how SOGA will apply. IMO the only straw op can clutch at is the instruction manual not being in English -- but still, this would also depend on a number of other factors mentioned above.

I think in this case op would really only have a case if they was somehow missold the product, but it's not clear whether the salesman infact did missell the goods -- just offered an alternative to the customer.

Hintza

arcon5 wrote: »

On that same argument, ink cartridges are also a fundamental part of using a printer - yet not all printers include cartriddges in the box.

They used to sell printers with no USB lead, now that was a pain.

unholyangel

arcon5 wrote: »

:rotfl:

As much as that made me laugh, I don't think you'd necessarily have a case for not fit for purpose if you as a bald man purchased a comb. Especially given the choice of declining the offer presented by the retailer. I would be like me purchasing a box of Tampons for the OH then breaking up and trying to return them because they are of no use to me.

In the case presented by op, if the features & requirements was clear I struggle to see how SOGA will apply. IMO the only straw op can clutch at is the instruction manual not being in English -- but still, this would also depend on a number of other factors mentioned above.

I think in this case op would really only have a case if they was somehow missold the product, but it's not clear whether the salesman infact did missell the goods -- just offered an alternative to the customer.

But not fit for purpose doesnt just take into account the purpose the item was designed for, it takes into account what the item was bought for - not in all cases but if a salesperson recommends it when you tell them what your needs are then it becomes part of the contract.

My example was perhaps out of line a little (given that most people would know a comb and hat would not do the same job). But it is not beyond the balance of probabilities that en elderly person would not be technologically minded, thus relying solely on the salespersons advice. As we know, small claims court does go on the balance of probabilities.

IMO it is perfectly probable that an elderly gentleman went into the shop with the purpose of buying a kindle and the shop assistant recommended another product to the gentleman as doing the same job and having the same features and the gentleman accepted the "professional" advice given.

The only thing that may put the above into a less favourable light for the gentleman is if the sales assistant had asked what features he liked about the kindle and he responded in a manner which gave the impression he had good knowledge of the products and was not solely relying on the assistants expertise.

The sales assistant merely assuming the gentleman must have a computer isnt enough imo. And (again imo) if the above is true - the the gentleman has entered into a contract in good faith based upon the staffs advice - it is truly shameful customer service at the very least (at most infringement upon consumer rights) to not rectify it as it was their mistake.

If the sales assistant has said that this model does everything the kindle does then or that it is the exact same as the kindle, just another brand then there is a clear case of the goods not conforming to contract.

And further to that, if the gentleman paid by debit or credit card, I would contact the card issuer on the basis of the goods not conforming to contract and that the retailer is refusing to remedy the breach.

southernscouser

Take it back and tell them you aren't leaving without a full refund. If they refuse, tell them you will cause a scene and explain your situation to all customers who come in to the shop. Ask them if they really want to risk losing multiple sales as opposed to one.