hmv archos7

bashbash

hi not sure if this is the right place?

but i bought a archos 7b home tablet from hmv in april of this year.
the product has become faulty i took it back to the store where i bought it, and this is where my problem arised! they cant replace it! nor will they repair it, i was under the impression that they could do a like for like swap, but the only thing they had instock was a more expensive newer model.

this is my question should i have to pay the extra to get another tablet, they did offer me a refund but i turned it down as i want a tablet.

be very grateful if someone could help me with this matter

go_cat

Legally they can offer a repair or refund its up to them.

You should have snapped their hands off for a refund

bashbash

i would have but my son loves the tablet and ideally wanted it back almost straight away, i did mention a repair apparently was not cost effective as i bought the tablet while it was on sale! so not sure what to do???

zenmaster

How much did you pay for the 7b?

The "more expensive newer model" is, I expect, the Arnova 7 G3.

The Arnova 7F G3 (I can't spot the difference) is currently on sale at Staples for £79 and is a much better specification than the Archos 7b.

If your refund is close to that amount then it might be an option as HMV want £100 for their version. Ring first to confirm stock though, as my local store only had 3.

I would point out that Amazon have other, possibly cheaper, tablets of a similar spec but if you want it quickly buying from store is your best bet. They have a 14 day returns policy if you don't like it.

mattyprice4004

bashbash wrote: »

i would have but my son loves the tablet and ideally wanted it back almost straight away, i did mention a repair apparently was not cost effective as i bought the tablet while it was on sale! so not sure what to do???

Someone above you has answered your question above you, if they want to refund it's their choice - you can't force them to replace if they don't want to, SOGA allows them to repair, replace or refund at THEIR option. They can simply say the option you want is 'disproportionately costly' and there's no additional rights you have above this.

Quoted the relevant post above yours:

go_cat wrote: »

Legally they can offer a repair or refund its up to them.

You should have snapped their hands off for a refund

End of, unfortunately.

bashbash

what do you mean it is their choice i thought they were legally bound to do all of the above, the tablet is less than 6 months old the fault was not caused by general wear and tear!

i did want more info on where i stand with 'like for like' swap.

but thanks for the replies

Jimx26

I don't see the issue here, get a refund and buy another tablet. I'm sure little jonny will cope for a day or so.

wealdroam

bashbash wrote: »

what do you mean it is their choice i thought they were legally bound to do all of the above, the tablet is less than 6 months old the fault was not caused by general wear and tear!

i did want more info on where i stand with 'like for like' swap.

but thanks for the replies

It's time you started reading then.

Start with MSE's Consumer's Rights article.

Or if you want the legal stuff, from the Sale of Goods Act section 48B...

(1)If section 48A above applies, the buyer may require the seller—
(a)to repair the goods, or
(b)to replace the goods.
(2)If the buyer requires the seller to repair or replace the goods, the seller must—
(a)repair or, as the case may be, replace the goods within a reasonable time but without causing significant inconvenience to the buyer;
(b)bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).
(3)The buyer must not require the seller to repair or, as the case may be, replace the goods if that remedy is—
(a)impossible, or
(b)disproportionate in comparison to the other of those remedies, or
(c)disproportionate in comparison to an appropriate reduction in the purchase price under paragraph (a), or rescission under paragraph (b), of section 48C(1) below.
(4)One remedy is disproportionate in comparison to the other if the one imposes costs on the seller which, in comparison to those imposed on him by the other, are unreasonable, taking into account—
(a)the value which the goods would have if they conformed to the contract of sale,
(b)the significance of the lack of conformity, and
(c)whether the other remedy could be effected without significant inconvenience to the buyer.
(5)Any question as to what is a reasonable time or significant inconvenience is to be determined by reference to—
(a)the nature of the goods, and
(b)the purpose for which the goods were acquired.

and section 48C...

(1)If section 48A above applies, the buyer may—
(a)require the seller to reduce the purchase price of the goods in question to the buyer by an appropriate amount, or
(b)rescind the contract with regard to those goods,
if the condition in subsection (2) below is satisfied.
(2)The condition is that—
(a)by virtue of section 48B(3) above the buyer may require neither repair nor replacement of the goods; or
(b)the buyer has required the seller to repair or replace the goods, but the seller is in breach of the requirement of section 48B(2)(a) above to do so within a reasonable time and without significant inconvenience to the buyer.
(3)For the purposes of this Part, if the buyer rescinds the contract, any reimbursement to the buyer may be reduced to take account of the use he has had of the goods since they were delivered to him.

So you can see that you can ask for a repair or replacement, your choice, but you cannot force the seller to provide a remedy which is disproportionately costly.

You can ask for a refund but any refund can be reduced to take account of the use you have had.

I agree with others, you should've jumped at the opportunity of a refund.

mattyprice4004

bashbash wrote: »

what do you mean it is their choice i thought they were legally bound to do all of the above, the tablet is less than 6 months old the fault was not caused by general wear and tear!

i did want more info on where i stand with 'like for like' swap.

but thanks for the replies

What do I mean it is their choice? I mean it is their choice. They're not legally bound to do all 3.

And as for more info on where you stand with a like for like swap, if they don't want to you can't force them to. It's their choice.

I trust that's all the information you need.

Esqui

This could be one of those occasions where it may be better to contact the manufacturer and see if they will repair or replace like-for-like?