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Can I insist on a refund?

Hi lovely helpful people! ;)

Really hoping someone can help me out.

I bought a camera from John Lewis on 26 April (a Nikon Coolpix S9300 18X optical zoom). JUst come back from holiday feeling very annoyed :mad: because the zoom button (is there a technical term for it?) stopped working. It feels very stiff, like a spring has gone inside. So now you can have full zoom or no zoom. :mad:

Anyway, my preference would be to get it exchanged for something completely different or a refund. Because A. I use a camera most days and don't want to have to wait for them to send it back to the manufacturers blah blah blah and B. I don't much like the camera or the results anyway!

What I would like to know is, what can I insist on? I realise it's deemed to have had the fault when I bought it because it happened within 6 months but in real terms, what does this mean? Can I insist they refund or replace with a different one or do I have to accept a repair?

Any advice would be gratefully received! :D
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Comments

  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 31 August 2012 at 5:18PM
    I realise it's deemed to have had the fault when I bought it because it happened within 6 months but in real terms, what does this mean?
    I'll just answer this bit.

    In the first six months it is for the seller to prove that the goods were not faulty at the time of sale.
    Without this proof, it will be assumed that the thing was faulty at the time of sale.

    Any seller might want to allow their experts to inspect the camera to determine how this fault came about.
    Only reasonable for them to want to do that.
    They may also want to determine how the fault came about before giving you a replacement or refund.

    Having said all that, JL are one of the more reputable retailers so I am sure they will do the right thing.
  • The retailer can offer repair, replacement or a refund...which they offer is up to them so you can't really 'insist' on a refund. John Lewis are usually really good customer service wise though so explain to them what would make you a happy customer and you may get that even though strictly speaking it is more than they are required to do.

    Remember that if you approach them in a nice and reasonable manner you're more likely to get the result you want than if you go in angry and demanding!
    Common sense?...There's nothing common about sense!
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    JUst come back from holiday


    On the beach? Could be full of sand. They will want to inspect it first and if it has been on the beach then you might struggle.
  • Hi everyone and thanks very much for taking the time to reply. Very much appreciated.

    Just to clarify, it wasn't a beach holiday. We were in the middle of rural France without sea or sand in sight!

    I shall take it back and advise that I wasn't that chuffed anyway and ask them to inspect it in good time...if that's the way they want to deal with it. I use a camera most days like I say so I don't really want to be without one for any length of time.

    Still not understanding the significance of the <6 months though :(

    Don't worry, I will be very calm and collected when I return it as I agree, that is usually the best way to get results. I only start to get irritated when the member of staff I'm dealing with patently hasn't got a clue about the SOGA and I end up teaching them about it myself! and I'm no expert by any stretch of the imagination.....hence my post on here!

    I now cannot locate the box it came in....will that make a difference? :(
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If there is a fault with it, then no, the packaging is not important, as long as you have proof of purchase.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Do you want a refund or a different camera? Be ultra nice whatever!
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Still not understanding the significance of the <6 months though :(
    Earlier I wrote...
    wealdroam wrote: »
    In the first six months it is for the seller to prove that the goods were not faulty at the time of sale.
    Without this proof, it will be assumed that the thing was faulty at the time of sale.
    What I didn't say, because it wasn't applicable to your case, was that after six months the onus is on the purchaser to prove that the fault was inherent, i.e. present at the point of sale.
    Without that proof the seller does not need to provide a remedy under SOGA.

    This is explained much better than I can in MSE's Consumer Rights guide.
  • If you do not understand about the 6 months issue are you sure you should be educating the staff on the ins and outs of SOGA? this 6 month issue is pretty much the crux of who has the responsibility of proving any fault.
    Thinking critically since 1996....
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Let us know what happens OP.
  • Zandoni
    Zandoni Posts: 3,465 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Why do you all keep on about SOGA and the 6 Month stuff, you just confuse the OP's. They will not need to worry about it at all when goods are bought from companies like John Lewis.

    The one year guarantee that's offered will be all they need to know.
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