Faulty Camera - 2 year warranty

hubb

I purchased a camera from an internet company based in the UK that ships from overseas. The camera is not fit for purpose as there is a fault with the quality of image processing. The make is Sony and the website offers a free 2 year warranty which they are honoring by arranging by courier to pick up my camera and "cover it under our warranty"

Have I the right to refuse a repair/replacement and ask for a refund if I send it back or will I have to accept their offer of a repair ? I don't really want a repair as I am not confident the issue will be resolved. To be honest, I am not sure of a replacement as there could be a whole batch they have that is faulty.

SlowCooker

Asking the company is the only way to find out. Normally, it depends on when you bought the camera

hubb

Just found it in their clause:

We have the right to decide whether we will repair, replace, refund, or issue a credit voucher, regarding the defective product.

and this

If the product cannot be replaced, then we reserve the right to replace, refund, or issue a credit voucher. If the product cannot be replaced, then we reserve the right to replace it with a product with similar specifications or refund you an amount which enables you to purchase an item with similar specifications.

frugal_mike

If the company is indeed UK based then the Sale of Goods Act govern the sale, as well as the Consumer Contracts Regulations because it is an online sale.

First the Consumer Contracts Regulations. This gives you 14 days after delivery to unconditionally cancel the contract for a full refund (including the delivery charges, if any).

But in your case, if the item is inherently faulty, then the relevant legislation is the Sale of Goods Act. This covers all sales in the UK (including the internet). This law gives you a 'reasonable' time to test that goods conform to contract. If within this reasonable time you discover the goods are faulty then you have the right to return for a full refund.

There is no definition for how long is 'reasonable' as it depends on the circumstances, but there are some not-yet-implemented updates to the law that will make this a minimum of 4-weeks I believe.

After this reasonable time has passed you are deemed to have accepted the goods. In this case their terms and conditions are correct, they have the options of repair, replacement or refund. You can specify which you want, but cannot force them to do something that is impossible or disproportionately expensive. This effectively means they get to pick the remedy.

And very importantly, the companies terms and conditions cannot overrule the Sale of Goods Act or the Consumer Contracts Regulations.

So, the question is, when did you purchase the camera (and more importantly, when did it arrive)?

unholyangel

hubb wrote: »

Just found it in their clause:

We have the right to decide whether we will repair, replace, refund, or issue a credit voucher, regarding the defective product.

and this

If the product cannot be replaced, then we reserve the right to replace, refund, or issue a credit voucher. If the product cannot be replaced, then we reserve the right to replace it with a product with similar specifications or refund you an amount which enables you to purchase an item with similar specifications.

it isnt panamoz is it? Just i googled the phrase you said above and that was the only site that matched.

If so, you have not purchased from a UK company but rather a company based in hong kong.

frugal_mike

unholyangel wrote: »

If so, you have not purchased from a UK company but rather a company based in hong kong.

And if this is true, ignore everything I said above. Neither the Sale of Goods Act nor the Consumer Contracts Regulations would apply.

A company anywhere in the world can register for a .co.uk domain name btw, so you can't use that to tell if they are within UK jurisdiction or not.

hubb

You can clearly see top right of their website that it says united kingdom. It also states in the about us field that it is one of the uk's most popular electronics sites. Their reviews are excellent and so far i have had good customer service so hopefully this will be resolved. I just wanted to know my rights.

wealdroam

hubb wrote: »

But you will see top right of their website that it says united kingdom. It also states in the about us field that it is one of the uk's most popular electronics sites. Their reviews are excellent too.

You seem to be confirming that it is panamoz.com that you used.

Did you see this in their T&Cs:

Applicable Law and Venue

This User Agreement and any transactions on this Site shall be governed by and construed in accordance with the laws of Hong Kong applicable to agreements made and entirely to be performed within Hong Kong, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Hong Kong, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this User Agreement.

There is a UK address in their FAQs:

Our UK Office Address:

Panamoz Electronics
3rd Floor,
Queensbury House,
106 Queens Road,
Brighton,
BN1 3XF
United Kingdom

You too can rent an office on the same floor in the same building:

http://www.regus.co.uk/locations/office-space/brighton-city-centre

unholyangel

hubb wrote: »

You can clearly see top right of their website that it says united kingdom. It also states in the about us field that it is one of the uk's most popular electronics sites. Their reviews are excellent and so far i have had good customer service so hopefully this will be resolved. I just wanted to know my rights.

Yep, but none of that changes the fact its not a UK company.


It is not uncommon for sites based in asia to have the appearance/imply they are a UK site.

As a general rule, genuine UK companies don't try to convince you they are a UK company. They will also have a UK company registration number and have their registered address displayed on their website (as required by UK law).


As for your rights, i'm sorry but I'm not familiar with hong kong law in the slightest so have no idea what your rights are.