Sale of goods act - timing limitations

georgeASDA

Hi there,

I recently (ish) bought a digital media 'box', which has various outputs (scart/component/svideo/hdmi) and figured out a month after purchasing that the scart output didn't work - can I get a refund?

The manufacturer has stated that the scart problem is due to a software error and is not currently fixable (i.e. a replacement would exhibit the same issues)

However, the seller did not explicitly advertise that the scart worked. I certainly assumed it would though!

All I've got is that as I didn't let them know within 10 days, I'm stuffed.

any help?

cheers,
Chris

ovetta2001

As far as i am aware the item isn't fit to description/purpose and so you are entitled to a refund

georgeASDA

Thank you for your reply, do you think it still stands even if they didn't 'describe' the scart feature explicitly in their advertising? And are they able to put this 10-day limit on the act?

many thanks

reehsetin

how did you buy the product was the scart mentioned at all on anything or did you just see the connection on the machine?
TBH unless you saw the scart after you bought it i would say its still part of the description even if they dont refer to it, because you had seen it and therefore its not fit for purpose and match the description in which case 10 days is irrelevant really

georgeASDA

I had done research (clearly not enough research!) on the manufacturer's website and elsewhere, to see it had a scart connection. But yeah, the seller doesn't mention scart..... oh wait, I just looked.. it's on the picture of the unit of course

FWIW, the seller is Dabs.com

reehsetin

say to dabs that under s.13 of the sale of goods act the goods must match the description given, the fact that the picture is a description of the goods,
you are therefore entitled to damages or to reject the goods under the act on the basis that they do not match the description,
*i've only been looking at the trade descriptions act today so dont 100% rely on this - heres what i've got
 Where goods are supplied in accordance with a trade description, it can be inferred that they correspond to that description. S.4(3) TDA 1968
 S.1 covers markings; on the goods themselves ; on anything in which the goods are supplied; on anything in which the goods are placed; oral statements.
 A description is applied to goods, even in the absence of a written or oral statement, if s/he fails to take corrective steps where there is a misunderstanding induced by a description borne by the goods themselves

the picture was a description of the goods and they failed to draw sufficient notice to you that the goods would not correspond with the description they gave

the 10days thing is basically because you can only really argue once youve had reasonable chance to examine the goods, if you have examined the goods and then accepted them (with defect) you cant complain, just basically have to argue that 10 days was not sufficient to test all of the players features,

SuperNashwan

Also, under s.14 any advertising or other statements made by the manufacturer can be relevant for determining whether goods are of satisfactory quality, so if they have a website that lists the scart connection on the item you should be covered in that way.

maninthestreet

Do the instructions that come with 'Digital Media' box make reference to the scart socket at all?

georgeASDA

Thanks again for the replies, yes the instruction manual does mention the scart socket as one of the many ways to connect the unit to a TV.

Unfortunately they seem to be sticking to the fact that they see 10 days as long enough to check.... I wonder what they'll do if I have them replace the unit each week for the next few months.....!??

PaulLuke

I don't believe that Dabs can limit you to an arbitrary ten days in terms of reporting a fault to them which is a breach of the SGA - that is just their way of trying to wriggle out of liability. Whilst you do have to deal with defects fairly quickly you also need to take into account how quickly you can reasonable be expected to identify the problem. In other words it would be reasonable to contact them about a dented case pretty much immediately but a 'hidden' defect may take longer to identify. Additionally, in this case, they appear to be selling an item with a known 'defect' and not identifying this to their purchasers.

I would ask to speak to a manager and discuss the matter with them again and if you can't get an agreement to resolve the issue contact your local tradding standards for advice.