Electrical item broken within warranty but can't get anywhere!

spo2

Hi

I was just wondering if anyone could help me with a problem I am having with a broken electrical item which is still under warranty:

In January 2014 I purchased a Kobo e-reader from the WHSmith website. This came with a year long manufacturers warranty.

Nine months later (October 2014), it stopped working through no fault of mine. After contacting Kobo customer care I was told that I was eligible for a replacement and to post it to them in Germany and expect a replacement within three weeks. When I tried to do this I was told at the Post Office that you cannot post anything containing a lithium battery into Germany as it will be refused and possibly destroyed (I checked this was true in another post office and it is).

I have since emailed Kobo Customer Care twice to explain this situation and ask what my next step should be and they now appear to be ignoring me.

After a brief chat with Trading Standards I was told that since I got nowhere with the manufacturer, to try contacting WH Smith and see how far I get with that, although as I have had it over six months, it is up to me to prove that I have not damaged it myself, and that this is a fault with the e-reader, which I have no idea how to do!

I have since posted it to WH Smith and am awaiting their response, but if they refuse to replace or refund it, what should my next step be? It was purchased with a manufacturers warranty which appears to be useless.

I paid for it using my credit card but it was under £100.

Thank you

Bantex_2

Your rights are with WH Smiths.

agrinnall

You'd probably have got this resolved by now if you'd gone to WH Smith first, using your SOGA rights rather than relying on a manufacturer warranty. However, if you have evidence that Kobo agree that there's a fault then you're in a decent position with WHS, so I'd suggest you wait (or chase them up) to see what they say, and hopefully they'll just send you a new one.

spo2

Bantex wrote: »

Your rights are with WH Smiths.

Thanks for this.

That's what someone else told me but trading standards did not seem to agree with this, I think because it is a manufacturers warranty rather than a guarantee by a retailer

spo2

agrinnall wrote: »

You'd probably have got this resolved by now if you'd gone to WH Smith first, using your SOGA rights rather than relying on a manufacturer warranty. However, if you have evidence that Kobo agree that there's a fault then you're in a decent position with WHS, so I'd suggest you wait (or chase them up) to see what they say, and hopefully they'll just send you a new one.

My worry is that they'll try and tell me that it was due to me damaging it (which I did not) to get out of replacing it. It's this bit that worries me:




"Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.
So, you may need to prove that the fault was not down to ordinary wear and tear or damage you caused, and that the product (or a component) should have lasted longer than it did.
To do this you may need an expert's report, for example, from an engineer or a mechanic."

unholyangel

spo2 wrote: »

My worry is that they'll try and tell me that it was due to me damaging it (which I did not) to get out of replacing it. It's this bit that worries me:




"Beyond six months, it's up to you to prove that the problem was there when you received the goods even if it has taken until now to come to light.
So, you may need to prove that the fault was not down to ordinary wear and tear or damage you caused, and that the product (or a component) should have lasted longer than it did.
To do this you may need an expert's report, for example, from an engineer or a mechanic."

Why would that worry you? If the manufacturer have said it iis faulty (and are happy to put it in writing - even via email) you could use that to show (on the balance of probabilities) that is inherent and not misuse.

Really though, you won't know what the retailer will say until you ask them.

spo2

unholyangel wrote: »

Why would that worry you? If the manufacturer have said it iis faulty (and are happy to put it in writing - even via email) you could use that to show (on the balance of probabilities) that is inherent and not misuse.

Really though, you won't know what the retailer will say until you ask them.

True, I will just have to wait. I assume that there is no way I could use chargeback or section 75 though if they say it was misuse. I think it is exempt from both

molerat

spo2 wrote: »

...................... When I tried to do this I was told at the Post Office that you cannot post anything containing a lithium battery into Germany as it will be refused and possibly destroyed (I checked this was true in another post office and it is). .............

Just because two post offices give you the wrong information that does not make it correct information. Perhaps they should read their own leaflet https://www.royalmail.com/sites/default/files/DangerousGoods_Leaflet_July2013.pdf

Acceptable for both UK and international mail

Electronic devices connected to lithium batteries
(including mobile phones, digital cameras, etc) where the battery is connected to the device.
Packaging guidelines: Each parcel must contain no more than four cells or two batteries installed in a device. For lithium ion/polymer batteries the Watt-hour rating must not exceed 20Wh per cell or 100Wh per battery. For lithium metal/alloy batteries the lithium content must not be more than 1g per cell or 2g per battery. The maximum net quantity of cells or batteries is 5kg per parcel. Each cell and battery must be of a type proven to meet the requirements of each test in the UN Manual of Tests and Criteria, Part III, section 38.3. Cells or batteries that are defective or damaged are forbidden. The equipment containing cells or batteries must be packed in strong rigid packaging and must be secured against movement within the outer packaging and packed to prevent accidental activation. Must be presented at the counter. Sender’s name and address must be visible on the parcel

Prohibited for both UK and international mail

Batteries, specifically new and used lithium batteries when not sent with or connected to an electronic device

Prohibited for international mail

Electronic devices sent with lithium batteries
(including mobile phones, digital cameras, etc) where the battery is not connected to the device.
Packaging guidelines: The maximum number of lithium batteries allowed in each parcel is the minimum number required to power the device plus two spares. For lithium ion/polymer batteries the Watt-hour rating must not exceed 20Wh per cell or 100Wh per battery. For lithium metal/alloy batteries the lithium content must not be more than 1g per cell or 2g per battery. The maximum net quantity of cells or batteries is 5kg per parcel. Each cell and battery must be of a type proven to meet the requirements of each test in the UN Manual of Tests and Criteria, Part III, section 38.3. Cells or batteries that are defective or damaged are forbidden. Cells and batteries must be packed in inner packagings that completely enclose the cell or battery and protect them from short circuit. The equipment sent with cells or batteries must be packed in strong rigid packaging and must be secured against movement within the outer packaging and packed to prevent accidental activation. Must be presented at the counter. Sender’s name and address must be visible on the parcel.

spo2

Thank you for that molerat, I did google and find that document myself, hence my checking this information at the second post office.

You can send it (as per your quotes), but it may not be accepted at the other end.

I don't suppose I'll be able to post a link yet but if you google :

deutsche post dangerous goods 2014

and read the third link down it is explained.

In compliance with applicable transport legislation Deutsche Post prohibits certain items for International Mail to ensure that goods in transport are safe for you and the general public.
Please find some examples on the following page.

Batteries/Cells including Lithium – ion/polymer/metal – alone and in or with electronic devices (such as mobile phones or digital cameras). And all damaged batteries

Not really willing to run the risk!

timbstoke

Then take it back to WHS, explain what you've done so far and the problems you have, and tell them to sort it for you.

DevCoder

Ask them nicely, not "tell them"