Halfords TomTom not "fit for use"?

parahandy

I have asked this on motoring board, but felt its perhaps more suited to here.

I bought a Tomtom from Halfords - Via Live 120 - in their clearance section. The whole reason I bought it was I'm going to Canada in June, and wanted a better device with the Lane Guidance function.

I had some issues with my purchase from the TomTom site for the Canada map I wanted, in the end I was advised by a Customer Service Assistant on the phone that the model I have is not compatible with the map - although the site allowed me to order it, and there is a known issue with the Micro SD slot which renders this unusable too.

I do have my old Satnav which they have allowed me to link to on their site so I can put the maps on it, but obviously it won't have the same overall functionality.

Do you think I can request a refund from Halfords as in my opinion the device is not usable for the functionality it's supposed to have.

wealdroam

The suggestion on your other thread was to take it back to Halfords and point out that the SD card slot doesn't work.

Have you done that yet?

parahandy

wealdroam wrote: »

The suggestion on your other thread was to take it back to Halfords and point out that the SD card slot doesn't work.

Have you done that yet?

I will be doing that, just got to find the receipt. Been talking about on TomTom forums, and seems that the SD slot issue is a known one.

EDIT: BTW please don't feel I was intimating your suggestion was not a good one, the fact I've posted here!

wealdroam

Oh, it wasn't my suggestion on your other thread.

But I've just read again your other thread.

Some one has now suggested that it is in fact not a fault that the SD card doesn't work, and that you will not be able to get a refund due to this 'feature'.

It becomes very difficult to follow if you have two threads going on the same subject.

lateandlive

In essence, I think it firstly needs to be established whether the SD card slot is faulty. If it IS then yes you can take it back to Halfords (assuming you find the receipt or other proof of purchase).

Aside from that, the issue regarding the map is less straight forward. Was the Tom Tom sold to you with an indication the compatibility was no issue? In other words did the sales assistant confirm, when you asked, that you could download the Canada maps for use with that Sat Nav? If so, the item was mis-described and you can take it back (again, find the receipt!) although how you would prove to Halfords that the sales assistant said it was compatible is one to consider.

If, however, you picked up the Tom Tom and assumed it would work with the maps but neither the product, packaging or staff confirmed this for you then you have no recourse with Halfords; in essence you made an assumption and the product is, in fact, fit for it's purpose.

Valli

am going to chip in here, basuase the legal definition, as I understand it, is

FIT FOR PURPOSE (because you've entitled the thread 'fit for use')

so (example)

if you go to purchase an item and have (in mind) an particular purpose and you ask the SA will it satisfy those criteria then, if subsequently it doesn't, you have a claim

so
you go to buy boots
you choose a pair of boots and buy them and subsequently discover they are not waterproof you may NOT have a claim - if they were not sold to you AS waterporoof then you might be told they weren't advertised as such and therefore you could not expect them to be waterproof (this is a woman's fashion boot so not waterproof) you may have no claim BUT if you had said to the SA you wnated waterproof boots then you have a claim.
Now you, OP wanted a satnav to use in Canada - presumably (since this would be an 'uncommon' purchase) you told the SA this - then you bought it. on their advice, and subsequently found out that
EVEN THOUGH IT WAS A FULLY WORKING NO-FAULT ITEM it won't work properly where you want it to, in Canada. you have a claim.

aplos for typos; it's late & I'm tired

lateandlive

Valli wrote: »

Now you, OP wanted a satnav to use in Canada - presumably (since this would be an 'uncommon' purchase) you told the SA this - then you bought it. on their advice, and subsequently found out thatv EVEN THOUGH IT WAS A FULLY WORKING NO-FAULT ITEM it won't work properly where you want it to, in Canada. you have a claim.

As Valli said, OP, the question here really hinges (assuming we forget the SD card for now) on whether you asked a sales assistant for a Sat Nav to use to go to Canada. If you did, and you feel you can prove so to Halfords, you (probably) have a claim, if you didn't then you don't.

Over to you!

parahandy

Well TomTom have been really helpful :eek: and have authorised a swap (presumably with payment for any additional cost!) for an alternative unit from Halfords. They've given me a reference number. To be honest, don't hold out much hope that Halfords will agree with this, but no harm in trying.

I shall let you know how i get on, but I do take on board what you have all said re the legal position on this.

lateandlive

TBH, I would think if Tom Tom have offered you a swap then they will have made Halfords aware of it too, or it'd be a standard practice between the two companies.

Valli

lateandlive wrote: »

TBH, I would think if Tom Tom have offered you a swap then they will have made Halfords aware of it too, or it'd be a standard practice between the two companies.

agree here - they have authorised it so there shouldn't be a problem but IF Halfords said it would work in Canada and it won't then they are at fault here, more IMO, than TomTom.

lateandlive

Valli wrote: »

agree here - they have authorised it so there shouldn't be a problem but IF Halfords said it would work in Canada and it won't then they are at fault here, more IMO, than TomTom.

I agree too! Tom Tom's unit (assuming it doesn't make Canadian claims!) does what they made it to do. Halfords, if they said it would work in a place it wouldn't are the ones who messed up and should reap the cost.

IMHO TomTom have gone out of their way for you and should be praised.