consumer question - Currys and Nikon

nelsons_column

Right, what's the score here? Bought this camera from Currys Online before xmas
http://www.currys.co.uk/gbuk/nikon-coolpix-l26-compact-digital-camera-red-12369639-pdt.html

It's a present for my wife, so it wasn't opened and used until after their standard 21-day returns policy. However, it of course has a year manufacturer warranty.

After a couple of weeks of using it, the button used to actually take the picture (what is that call, a shoot button?) fell off. It wasn't dropped or hurled across the room, it simply fell off when taking a photo, it came off in my hand.

So, take in to a Currys store, they tell me that as I've dropped it, it's accidental damage and the warranty doesn't cover it. They very-reluctantly-indeed accept my terse response that it's very much a manufacturing fault, and send it off to Nikon.

Today I have a voicemail left, telling me Nikon say it's customer fault and I can take a running jump (in as many words).

Nikon are effectively saying I'm lying, which is nice of them.

Currys returns policy (http://www.currys.co.uk/gbuk/returns-cancellations-1043-theme.html#instore_returns) basically says if it's after 21 days, manufacturers problem.

So, before I head into Currys, where is the law here? Where do I stand? Thanks for any input.

bris

You now need an independent expert to counter their findings and confirm it is indeed a manufacturing fault. You then present this to Curry's who will either accept it or reject it on the basis of Nikon's findings. A court would then need to decide the outcome, you can claim back the cost of the expert witness if it goes your way.

bebewoo

I bet Curry's never sent it to Nikon, it probably wouldn't be worth their while for a £49 camera.

davec1960

nelsons_column wrote: »

Currys returns policy (http://www.currys.co.uk/gbuk/returns-cancellations-1043-theme.html#instore_returns) basically says if it's after 21 days, manufacturers problem.

I don't know you have come to that interpretation. It says that if it fails within 21 days they will automatically offer a refund or replacement, after that they will repair.

Your problem is that the manufacturer is saying that the camera has been damaged and Currys will attempt to hide behind that.

I had a similar problem with a cordless phone and after they suggested that it was damage I successfully argued that the product wasn't of satisfactory quality under SOGA if it could suffer such damage when used as it was designed to be used.

Try this approach, stating that the product has not been dropped and has failed in normal use.
Try to keep emotion out of your argument even though you feel they are calling you a liar. In your position my approach would be that I was dissappointed in what had happened as I had made a conscious decision to purchase a premium brand product from a respected retailer.

Should this not work then a letter before action followed by moneyclaim online is the way to go

nelsons_column

Thanks for responses folks. Re this pic from davec

I don't know you have come to that interpretation. It says that if it fails within 21 days they will automatically offer a refund or replacement, after that they will repair.

Your problem is that the manufacturer is saying that the camera has been damaged and Currys will attempt to hide behind that.

Indeed. Although a bit of investigation this afternoon has suggested that if the product is less than 6 months old, then it's up to the shop to prove that the customer damaged the product (not the other way around). Which is a) useful for me, and b) interesting to see where the line is drawn between customers word and shops ability to choose their own course of action.

See http://www.adviceguide.org.uk/england/consumer_e/consumer_common_problems_with_products_e/consumer_what_you_can_do_about_faulty_goods_e/faulty_goods_-_if_you_want_a_repair_or_a_replacement.htm

Or
https://www.gov.uk/accepting-returns-and-giving-refunds (under 'repairs and replacements' section

Have printed off and applied highlighter pen just in case...
I suppose theoretically Currys could still refuse to do anything if they decide this button that's fallen off was the result of me hitting a police officer over the head with it. But taking that stance would be almost as ludicrous as my analogy here.

Unless anyone can spot any flaws in those links that I haven't, looks as though even the most grumpy of shop assistant would be compelled to refund or exchange (I don't care which, as it goes)?

Thanks v much

bris

Not quite right, they say the fault is said to be inherent at time of purchase within the first 6 months, unless they can prove otherwise. By sending it back to Nikon they say they have evidence of customer misuse, this puts the onus back on you to prove otherwise. If it was an invisible fault you would have been ok, but a broken button will always be classed as customer damage, dropping it it is the prime suspect.

unholyangel

I assume when you say you got it just before xmas for a present for your wife, it was a xmas present?

What date did you first contact them to tell them of the damage?

nelsons_column

Xmas present, yes, so unused until xmas day, fault happened in early Jan, took it into them a couple of weeks later, so about third week in Jan.

nelsons_column

Quick update on this. Wandered into Currys on Sunday. Asked about my camera.

Lots of furtive brow-furrowing work ensued between staff member and duty manager who got called across. Lots of pointing at a monitor that was facing away from me. Lots of going away and coming back again.

Eventually, announced that I could have a replacement or gift-card refund. Which is fine, I did try for an identical replacement (albeit one with better glue on the buttons), but they were out of stock so got a Samsung one instead.

So didn't have to kick up a stink, merely lean against a post for a few minutes whilst the mysterious whispering went on around me. I had a look at the broken camera which they bought out. No scratches on it, no dents, in immaculate condition bar the shutter button had come off. Apparently Nikon refused to repair it because "they say buttons come off all the time and it's not their job to repair them all..."
Bit weird, but I didn't have the energy to question that bit, I'd got what I wanted by that point.

So a good result. Ta again for help upthread. Hopefully this might help someone else in the future in a similar situation.