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Probelms With Returns Policy at Isme, Am I right?
mew
Posts: 1,009 Forumite
To keep a very long story short: I purchased a tablet computer from Isme in November 2012. I reported it faulty in January 2013, April 2013 and September 2013. the fault is the same fault and I have tried to rectify the fault with advice from the manufactures website through software updates etc but the same problem persists.
The stance from Isme is that point blank I have to deal with the manufacturer (after consulting the poorly trained people on their own helpline first).
My stance is that I purchased it from a retailer and I want to deal with the retailer. Dozens of emails, tweets and Facebook posts later, they still insist I deal the manufacturer and continually try to hide behind their own terms and conditions.
This is the main t&c which is in contention at the moment:
"6.8We may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party."
My response is to challenge this based on the information below from the OFT. I was not shown nor did I agree to any third parties terms and conditions when purchasing the item (or since).
http://www.oft.gov.uk/shared_oft/business_leaflets/unfair_contract_terms/oft143.pdf
9.1Terms which have the effect of making consumers agree to accept obligations ofwhich they can have no knowledge at the time of contracting are open to seriousobjection. It is a fundamental requirement of contractual fairness thatconsumers should always have an opportunity to read and understand terms beforebecoming bound by them (see Part IV).
9.2 Itis not 'hidden terms' themselves that are indicated to be unfair, but any termwhich binds the consumer to accept or comply with them – or, in legal jargon,'incorporates' them 'by reference'. However, terms of whose existence andcontent the consumer has no adequate notice at the time of entering thecontract may not be binding under the general law, in any case, especially ifthey are onerous in character.
9.3 Wealso object to terms which require consumers to accept that they are bound bythe terms of other linked contracts (for example, insurance contracts) or rulesor regulations unless they are given an appropriate chance to read them.
Finallyas I have not and will not register with the manufacturer (because I don't agree with their returns policy) My warranty with the manufacturer is void. As such surly the retailer is responsible under the sale of goods act?
The stance from Isme is that point blank I have to deal with the manufacturer (after consulting the poorly trained people on their own helpline first).
My stance is that I purchased it from a retailer and I want to deal with the retailer. Dozens of emails, tweets and Facebook posts later, they still insist I deal the manufacturer and continually try to hide behind their own terms and conditions.
This is the main t&c which is in contention at the moment:
"6.8We may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party."
My response is to challenge this based on the information below from the OFT. I was not shown nor did I agree to any third parties terms and conditions when purchasing the item (or since).
http://www.oft.gov.uk/shared_oft/business_leaflets/unfair_contract_terms/oft143.pdf
9.1Terms which have the effect of making consumers agree to accept obligations ofwhich they can have no knowledge at the time of contracting are open to seriousobjection. It is a fundamental requirement of contractual fairness thatconsumers should always have an opportunity to read and understand terms beforebecoming bound by them (see Part IV).
9.2 Itis not 'hidden terms' themselves that are indicated to be unfair, but any termwhich binds the consumer to accept or comply with them – or, in legal jargon,'incorporates' them 'by reference'. However, terms of whose existence andcontent the consumer has no adequate notice at the time of entering thecontract may not be binding under the general law, in any case, especially ifthey are onerous in character.
9.3 Wealso object to terms which require consumers to accept that they are bound bythe terms of other linked contracts (for example, insurance contracts) or rulesor regulations unless they are given an appropriate chance to read them.
Finallyas I have not and will not register with the manufacturer (because I don't agree with their returns policy) My warranty with the manufacturer is void. As such surly the retailer is responsible under the sale of goods act?
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Comments
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The retailer is responsible for inherent faults under the Sale of Goods Act and most certainly can't force you to go to the manufacturer. They can use the manufacturer to fix the tablet if they wish, but they can't refuse to offer a remedy if the manufacturer won't help.
How did you pay for the tablet, and do you have evidence of when you reported the fault and that isme have refused to help?0 -
OP, here's a post I wrote earlier this evening:
It would be worth your while reading the linked article.
Also, MSE's How to Complain guide has a sample letter that you might like to consider.0 -
frugal_mike wrote: »The retailer is responsible for inherent faults under the Sale of Goods Act and most certainly can't force you to go to the manufacturer. They can use the manufacturer to fix the tablet if they wish, but they can't refuse to offer a remedy if the manufacturer won't help.
How did you pay for the tablet, and do you have evidence of when you reported the fault and that isme have refused to help?
I have all my emails I have sent them and there replies. There response is basically after 28 days, You phone their technical department and in turn they simply refer you to the manufacturer.
Their excuses are their t&C's state that you agree to this when buy anything. Challenge this and you are told they are an internet company and don't deal with repairs. Instead they have outsourced their repairs to a third party, which just happens to be the manufacturer of the product.0 -
OP, here's a post I wrote earlier this evening:
It would be worth your while reading the linked article.
Also, MSE's How to Complain guide has a sample letter that you might like to consider.
Thanks for the suggestion, It's a great link and good advice.0 -
"6.8We may assign or transfer any of our rights or sub contract any of our obligations under these terms and conditions to any third party."
Probably contravenes The Unfair Terms in Consumer Contracts Regulations 1999 (see in particular Schedule 2 (1)(p)), The Consumer Protection from Unfair Trading Regulations 2008 and SOGA S.55.
See if you can get any help from Trading Standards.604!0 -
What is the fault with the tablet? Each time you go through updates etc. does it fix the fault for a while?0
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Have you actually contacted the manufacturer and saved yourself the hassle?Squirrel!If I tell you who I work for, I'm not allowed to help you. If I don't say, then I can help you with questions and fixing products. Regardless, there's still no secret EU law.
Now 20% cooler0 -
What is the fault with the tablet? Each time you go through updates etc. does it fix the fault for a while?
The battery life is appalling and has been since I purchased the tablet, not only below the quoted performance but below what should be more realistically expected.
It also has a tendency on occasion to either power itself off and not power back up or not power up (when I want it to) after I have turned it off and left it for x many hours.Have you actually contacted the manufacturer and saved yourself the hassle?
Yes I have contacted the manufacturer who are useless and from previous experience it would have not saved me any hassle.
In January this year I bought a Laptop from Dell, It was repaired at home twice and replaced twice with 2 months! Of cause with Dell I had no option but to deal with the manufacturer. On another instance, again with Dell , I returned an immaculate condition netbook and it was returned fixed but in a disgusting state. it was subsequently replaced with a brand new one and has worked flawlessly since.
I received a reply from my complaint to citizens advice this morning and they have forwarded my complaint on to my local trading standards.0 -
The battery life is appalling and has been since I purchased the tablet, not only below the quoted performance but below what should be more realistically expected.
It also has a tendency on occasion to either power itself off and not power back up or not power up (when I want it to) after I have turned it off and left it for x many hours.
Okay, what tablet is it and how much did you pay for it?
Have you just run software updates or have you done a full factory reset?
Cheaper tablets have a terrible battery life, some (£80-£100 range) barely last an hour of use, even some of the top of the range are lucky to get three to four hours use tops. They may advertise as up to ten hours but that's a lot like cars advertising a great MPG, it's not the actual figure and depends on use. OH has a samsung galaxy s3 phone and a few apps he uses murder the battery life and he does a factory reset around once a month just to keep it running smoothly because it becomes slow and unresponsive with a poor battery life if he doesn't. It's not a fault with the phone but the way he uses it.
Do you have any sort of battery monitoring software on there? Do you keep things like wifi and bluetooth turned off when not using them?
Has it actually been sent away for the manufacturer to test it or have you just read their website and had over the phone advice?
I can see why you want the retailer to deal with it but if you go direct it is likely to be collected from you within a few days, off for repair and back within a week or two.
If you go through the retailer it will be collected from you within a few days, then gets booked with the manufacturer and another few days before it gets to them. Then it gets repaired in a week or two, if they have any questions to ask about it they contact the retailer who in turn has to contact you instead of them contacting you directly. Then it goes back to the retailer and finally sent back to you.
You are adding at least a week onto the repair time by not just booking it yourself.0
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