WHSmith Kobo replacement

SiHa_2

OlliesDad wrote: »

I think you need to look into what your consumer rights are (particularly this belief that the EU directive gives you rights).. you were lucky that you met somebody who was equally as ignorant.

I am aware of the fact (I think I am, at least) that the UK haven't adopted this particular bit of legislation, but it never hurts to muddy the waters a but more. I was relying on the SoGA to do the trick and really using the EU thing as belt-and-braces. I'd even printed out a copy to pint at the relevant sections, but was prepared to be told to get knotted by someone who knew better.

I agree I was very lucky not to be asked to prove that the fault was present at manufacture, and not caused by me (as it was over six months since purchase) although I had my arguments about durability ready just in case.
I would have accepted an offer of repair, as I am well aware that I was not automatically entitled to a replacement.

Really, I was just pointing out that it never hurts to mention the Sale of Goods Act, and the particular bits of it that you believe entitle you to a refund / replacement (delete as appropriate).

wealdroam

SiHa wrote: »

I am aware of the fact (I think I am, at least) that the UK haven't adopted this particular bit of legislation...

Yes, they have.

The 'two year guarantee' is in the Sale of Goods Act 1979.

SoGA allows you up to six years to make a claim against the seller, whereas 'the directive' only insists on two years.

Simply put, an EU Directive is just an instruction to member states to ensure that the points of the directive become part of the state's legislation.

earthstorm

yes the DSR is also changing as below

The period during which the consumer may cancel will increase from seven working days to 14 calendar days. The withdrawal period starts when goods are received or the service contract commences.

to fall inline with the The EU Consumer Rights Directive which provides a single set of rules for distance selling and contracts formed away from a business's premises anywhere within the EU. Member states have until the end of 2013 to incorporate them into existing laws

http://www.fpb.org/hottips/790/How_new_EU_rules_will_affect_distance_and_door_to_door_selling.htm

SiHa_2

wealdroam wrote: »

Yes, they have.

The 'two year guarantee' is in the Sale of Goods Act 1979.

It is? I haven't seen any mention of it on any of the sites I visited researching this prior to my trip into town. Not that I'm arguing, mind, just interested.

wealdroam wrote: »

Simply put, an EU Directive is just an instruction to member states to ensure that the points of the directive become part of the state's legislation.

I see, yes, that makes sense.

Thanks.

Money-Saving-King

SiHa wrote: »

but it never hurts to muddy the waters a but more.

Are you sure?

If the person you're dealing with knows the law better than you do you'll just end up annoying them!

SiHa_2

Money-Saving-King wrote: »

Are you sure?

If the person you're dealing with knows the law better than you do you'll just end up annoying them!

Possibly, but if I have to resort to quoting the act at them anyway, then it probably means that they don't. Someone who had known the law would most likely have challenged me to prove that I hadn't caused the fault myself. They certainly shouldn't have offered to give me the phone number for Kobo.

Anyway, as I've mentioned before, this was just a pointer to say that although it seems to be WHSmith's policy to attempt to fob people off, it's worth having a go.

jacques_chirac

Money-Saving-King wrote: »

Are you sure?

If the person you're dealing with knows the law better than you do you'll just end up annoying them!

And making yourself look pretty stupid

mije1983

SiHa wrote: »

Someone who had known the law would most likely have challenged me to prove that I hadn't caused the fault myself.

It's not really the usual thing for retail staff to accuse customers of lying and/or willful damage, whether they know the law or not!