What are our rights?

outofmoney

Hopefully I'm in the correct place, if not please move to where it should be.

At the beginning of October we purchased a DVD for our son as a Xmas present from his grandparents.

On watching it in the last couple of days we have discovered it is faulty. It constantly jutters and freezes.

We have emailed the company who have replied basically saying 'Tough' as it is out of the 28 day period. We emailed back to explain this was a present and whilst we understand it is out of the 28 days, many people tend to buy things at this time of year and not give them straight away.

But they again just said 'Tough' as out of the 30 day period. (It has gone up two days during emails!)

What are our rights? They have sold a faulty product. Even if we had used it since October and it has only now developed the fault, that is still only a matter of approximately 10 weeks. I expect a DVD to last longer than that.

bod1467

Contact them again and request a returns authorisation number, as you wish to return faulty goods in accordance with the Sale Of Goods Act 1979. The act essentially states that any faults occurring within 6 months from date of purchase are assumed to be inherent and it is for the retailer the prove otherwise. (After 6 months it is for the consumer to prove an inherent fault). Retailer must also bear the cost of returning faulty goods.

You can then request a remedy (repair, replace, refund) but the retailer can effectively choose which to offer.

ETA: http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

Hintza

Hope it isn't scratched

outofmoney

Thanks Ian. Had wondered if this was the case but didn't know the way to term it.

bod1467

Was this an online or instore purchase? (Not that it matter regarding SOGA, but if it was instore then you return it to the store).

Note Hintza's comment regarding scratches. If it is scratched then it might be more difficult to get a remedy. (You may need to prove it was scratched when you got it).

outofmoney

It was online. I did note the comment. Have checked and no scratches. Disc looks odd though. It is seethrough, something |I have never seen before, plus the part which must have the info on it not centrally placed.

Have since read that the company (Well known) have been known to sell fakes. Could this be the case?

bod1467

Possibly, but without naming the company in question then it's only a guess.

All I can suggest is to follow the advice in my previous reply.

outofmoney

It was Play.com

Have emailed them and see if I get any reply.

ossie

If it was OK on purchase then I must concur that fingerprints/scratches/faulty player are the cause. Nothing to do with Play.com and faulty media
!

outofmoney

It was bought in October but has been sealed until a couple of days ago. On first play it is freezing, so not OK on purchase.

Super_Dash

Play.com are very good about these things they sent me a replacement in the past when it did not work and also sent me a replacement when a DVD didn't arrive in the post.