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curry's or cannon? what are my rights re faulty camera.

I bought a cannon DSLR from curry's in November 2013, it came with a 2 year manufacturers warranty. In September 2014 we took it back to Curry's as the battery was discharging even when the camera was turned off. They sent it to Cannon for repair and 6 weeks later it came back stating no fault found. We took it home and proved the fault still existed and took it back the next day, it was again sent off and 6 weeks later it came back saying a faulty ecb had been replaced. When we had it home and put in a charged battery it wouldn't turn on at all, we tried another battery and it still wouldn't turn on.we've taken it back to curry's and they have stated that the only thing they can do is send it back to cannon. They state they cannot refund or replace it as under the warranty it is up to cannon to make repairs (even though the first time we took it back was in the 12 months period ). Is this right? Shouldn't Currys be liable to refund/replace given my contract is with them?
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Comments

  • Who has the camera now ?
    They have to offer you a repair, replace or refund, they get the choice.
    Once the repair has failed twice I would say you are now entitled to either a refund or replacement.
    They do not really care about consumer rights and a legal case via the country court is usually all that makes them take notice.
    I do Contracts, all day every day.
  • Thanks for your reply. They phoned cannon today to see if they were willing to replace it but they stated it has to go back to them for repair so it has been sent back to them today. Doesn't sound like I have much option than to wait for another 6 weeks as curry's are not prepared to refund/replace if its down to them.
  • SuperHan
    SuperHan Posts: 2,269 Forumite
    Part of the Furniture 1,000 Posts
    It is down to Currys, but they only need to refund, repair or replace.

    Given that it's still under warranty, if they do refund, they won't be able to make a claim against Canon, as Canon will say they should have allowed them opportunity to repair.

    Unfortunately, you have little comeback so long as Currys are offering the repair.
  • I would say two attempts to fix the same fault is enough.
    I would instruct Currys that you now demand a replacement or a refund.

    They are well know for "not doing" the law, so you may have to start a claim against them.
    I do Contracts, all day every day.
  • Esqui
    Esqui Posts: 3,414 Forumite
    But there is no law that says after two times being sent for repair that you are entitled to a refund. And the first time had no fault found.


    Providing they can repair within a reasonable time and without causing significant inconvenience, there is no breach of law*.






    * - I guarantee someone will now point out something I've missed from that.
    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% cooler
  • Jakg
    Jakg Posts: 2,267 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Esqui wrote: »
    But there is no law that says after two times being sent for repair that you are entitled to a refund. And the first time had no fault found.


    Providing they can repair within a reasonable time and without causing significant inconvenience, there is no breach of law*.






    * - I guarantee someone will now point out something I've missed from that.
    Although being without a camera probably wouldn't be defined as a significant inconvenience (as a pose to being without, say, a pacemaker or a fridge or something), I would say that having to continually return, collect and test the product IS a significant inconvenience.

    Having said that - I would say three (rather than two) faulty repairs would be the limit (I know there is no actual limit). I also believe that Curry's quote three repairs under their "No Lemons" clause of their Whatever Happens agreement (although obviously not applicable under the standard warranty but a good arguing point).
    Nothing I say represents any past, present or future employer.
  • SuperHan
    SuperHan Posts: 2,269 Forumite
    Part of the Furniture 1,000 Posts
    Jakg wrote: »
    Having said that - I would say three (rather than two) faulty repairs would be the limit (I know there is no actual limit). I also believe that Curry's quote three repairs under their "No Lemons" clause of their Whatever Happens agreement (although obviously not applicable under the standard warranty but a good arguing point).

    More of a poor arguing point.

    You pay money for the Whatever Happens policy and to have the No Lemons clause.

    Why would they offer the same terms to a customer who hasn't paid for the service? That makes no sense.
  • d123
    d123 Posts: 8,720 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I bought a cannon DSLR from curry's in November 2013, it came with a 2 year manufacturers warranty. In September 2014 we took it back to Curry's as the battery was discharging even when the camera was turned off. They sent it to Cannon for repair and 6 weeks later it came back stating no fault found. We took it home and proved the fault still existed and took it back the next day, it was again sent off and 6 weeks later it came back saying a faulty ecb had been replaced. When we had it home and put in a charged battery it wouldn't turn on at all, we tried another battery and it still wouldn't turn on.we've taken it back to curry's and they have stated that the only thing they can do is send it back to cannon. They state they cannot refund or replace it as under the warranty it is up to cannon to make repairs (even though the first time we took it back was in the 12 months period ). Is this right? Shouldn't Currys be liable to refund/replace given my contract is with them?

    It might be worth it for you to follow this up with a letter to each CEO (which might get a quicker result), CEO email addresses are available via Google. Lay out the whole timetable of faults and repairs in basic and unemotional language, only giving the facts and ask for help from them to investigate why the problem hasn't been resolved in 2 repairs.

    Before you write though, try and remember Cannon make cookers, Canon make cameras.
    ====
  • As soon as it taken 29 days since it had been booked in ask for a replacement. As far as I'm aware most retailers deem 28 days a 'reasonable' amount of time for a repair under manu's warranty.
  • JethroUK
    JethroUK Posts: 1,959 Forumite
    edited 17 April 2015 at 7:30AM
    And the moral of this story is never buy anything from Currys because they do not acknowledge your consumer rights
    A-Currys-store-007.jpg
    Currys solicitors have figured out it is far cheaper to tell allllllll customers to go blow it up their a$$ and pay out law suits from maybe 0.001% that will actually defend their rights using the courts than to swap/refund faulty good

    by all means have a look in Currys and use up all their time/resource to find out exactly the product you want to buy

    Then buy it from Argos/Tesco and with assurance they will acknowledge your consumer rights because they value repeat business
    When will the "Edit" and "Quote" button get fixed on the mobile web interface?
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