Refund quoting limitation act

societys_child

wealdroam wrote: »

Could it be that the batteries were allowed to drain to such a level that it was no longer possible to charge them?

Yup, sounds like the batteries have totally discharged and are now kaput . . .

If that's the case, it sounds like user error.

I have to agree.

loulala1

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.
It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with them.

wealdroam

loulala1 wrote: »

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.
It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with them.

Loulala1, why have you quoted that extract from MSE's Consumer Rights guide?

This is a more pertinent quote:

When goods are faulty, if you return them within six months then it's up to the shop to prove they weren't faulty when you bought them. After this, the burden of proof shifts and it's up to you to prove they were faulty when you bought them.

But you already know that.

loulala1

You cannot take this machine apart to replace batteries. If I did then they would acuse me of misuse.

I have noticed rust on the hole where you plug the charger in so perhaps you are all right and that the batteries have gone kaput and possibly leaked causing staining.

I have only followed guidelines from this site which doesn't state you have to take things to independent people first before you go to a retailer to complain. I've never experienced this in the past. Retailers have always accepted my explanation.

molerat

loulala1 wrote: »

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.
It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with them.

No one on here is disagreeing with you on those points.

loulala1 wrote: »

When goods are faulty, if you return them within six months then it's up to the shop to prove they weren't faulty when you bought them. After this, the burden of proof shifts and it's up to you to prove they were faulty when you bought them.

Again what are you doing to prove that the fault was there at the time of purchase, just slapping it down on their counter and saying it is not working is just stating the bleeding obvious and doing nothing to prove the defect is inherent. If you are happy to throw away £400 then just carry on as you are ranting at / about the retailer, if you want some sort of recompense then go about it the correct way.

molerat

loulala1 wrote: »

I have only followed guidelines from this site which doesn't state you have to take things to independent people first before you go to a retailer to complain. I've never experienced this in the past. Retailers have always accepted my explanation.

No they don't tell you to get an independent report in the first instance but as soon as the retailer turns down your request for a solution then that is always suggested for one of the next moves, either that or speak to the manufacturer who may be willing to offer a solution.

Simply put, the way you are going about this is going to cost you £400.

What brand is the item and did you purchase from a national chain or small retailer ?

loulala1

I will let you know how I get on.

Not being difficult just quoting bits from this site because I thought I was armed with the correct information when complaining. It was not clear that I had to go somewhere first to have the product checked.

visidigi

You could of course answer the questions being asked...if it is a philips and has leaked....then they replace it.

I only ask as I recently had to do the same with a 6 month old device. Swapped without a hassle as it was only 6 months old. That and I didn't ask for a refund.

corbyboy

loulala1 wrote: »

You cannot take this machine apart to replace batteries. If I did then they would acuse me of misuse.

I have noticed rust on the hole where you plug the charger in so perhaps you are all right and that the batteries have gone kaput and possibly leaked causing staining.

I have only followed guidelines from this site which doesn't state you have to take things to independent people first before you go to a retailer to complain. I've never experienced this in the past. Retailers have always accepted my explanation.

People have taken time to give you very clear advice on what you need to do. Instead of doing it you simply choose to selectively quote text from various articles on this site.

To summarise here are your options.

1. You pay for an engineer's report. If they show that the item is inherently faulty then you can contact the retailer, point this to them and it is then their responsibility. If they still refuse then you can take them to small claims court.
2. You pay for an engineer's report and they are unable to show an inherent fault. You are then out of luck and it goes no further.
3. You do nothing other than keep posting on here and quoting excerpts of articles. This is a waste of time and will not result in you getting a refund.

So these are your options. It's up to you what you do now.

visidigi

there is another option, if its a philips its under warranty - if only the OP would answer the question!