[Marky1973]

Sorry if this has been asked before......

A couple of months ago I purchased a portable DVD player from a web-based vendor that is not working correctly. The player was returned stock, but with a 14 day no quibble return policy and a 12 month warranty. I had if for a couple of months before I used it so am outside of the 14 days, but basically it does not seem to play any disc beyond 10 minutes. Obviously I want to return it, but the postage is rather expensive - the site gives the impression that it will not pay for postage and will only offer an exchange or vouchers. Is this correct or do I still have the right to ask for a full refund and have them pay the postage? To be honest and exchange would be fine but just wondering where I stand.

Cheers
Mark

[TeenSpirit]

Hi Marky, see http://www.dti.gov.uk/consumers/buyi.../page8600.html

Sidetracking slightly - someone told me that Argos take back anything faulty for replacement - even if the item is upto a year old, if they can't find exactly the same item in the current catalogue to replace it they find the closest thing going on the spec as long as the price is no more than the discontinued item.
They had bought a Henry from Currys and they wanted to return it for repair so they took it back to Argos and they swapped it on the spot.
Another friend bought an iron from a market and it was faulty after a few months, they returned it to Argos and they swapped it for same make but slightly lesser model that was in stock.

Ages ago, I bought a new hairspray from Boots and found it to be useless, so I took it back and they swapped it for a different brand.

[nickp8]

Originally Posted by MrsSigns

They had bought a Henry from Currys and they wanted to return it for repair so they took it back to Argos and they swapped it on the spot.
Another friend bought an iron from a market and it was faulty after a few months, they returned it to Argos and they swapped it for same make but slightly lesser model that was in stock.

MrsSigns Argos request a receipt to show it was purchased from them so I dont see how your friends could have done this.

Marky the law states they should repair or replace the item.

The law says if you would like a repair, you are entitled to one with no additional expense to you and within a reasonable period of time. When you make this request, the seller must repair the goods to a proper standard, or else you are entitled to a refund. If the goods cannot be repaired economically, you are also entitled to a refund or replacement.

With online retailers they normally state in their T&Cs the buyer is responsible for shipping costs when sending back an item for repair / replacement, and they will ship the item back free.

Nickp.

[TeenSpirit]

Originally Posted by nickp8

MrsSigns Argos request a receipt to show it was purchased from them so I dont see how your friends could have done this.

Nickp.

Hi, must just be our local branch, as on both occasions there was no receipt.

[inkinoo]

Originally Posted by MrsSigns

Hi, must just be our local branch, as on both occasions there was no receipt.

It is not law that a retailer has to provide a receipt therefore it can not be law they demand one from you when returning goods.

[PoochJD]

Hi Marky1973,

Okay, here's the facts for you! If you've bought the item from a UK-based web retailer, then you are covered under the Sale of Goods Act. If not, then you will have problems. I will presume the web retailer is a UK-based company, and this is what the situation is...

1 - The Sale of Goods Act states that, all items must be fit for their intended purpose. (That's not a direct quote, but it is in there!) Basically, the 12-month warranty will cover you, to get a repair only, not a replacement. Sorry.

2 - The retailer can state on their site that they will only offer an exchange or vouchers, which it is their legal right to do so, but technically, it's a bit of a grey area, because that only applies for items outside of warranty or without a receipt or other proof-of-purchase. If the item you are returning, is returned within 7 days, unused and unopened, and in the exact same condition as was purchased, the retailer HAS to refund you in the exact same method that you paid. It's the law! Also, the company has every right to say that they won't pay for any postage or packing, but they CANNOT charge you a restocking fee. It's against UK law, so make sure they don't do this.

3 - In your case, you should ask for a repair within 14 days. If the retailer cannot promise this, then ask to be offered a replacement item (but not of the same make and model, only because it may be a crummy product), that is at least equal to or greater than the item, you bought. Again, the law states the replacement cannot be of lesser financial value! Make sure you test the product there-and-then, with one of your DVD's that you know works correctly. (Take a disc that has lots of extras on it, or one with seamless branching on it, or is RCE enhanced, to make sure the player really does play the DVD's it should!)

4 - If that doesn't work, and company won't play ball, then tell them you want the name of the manager and will be taking them through the Small Claims Courts (even if you don't plan to do this), and that you will let them deal with the matter instead. Normally, at this point, the company will relent, but the threat of court action is usually enough to get them to do what they should be doing in the first place. Be firm, but polite, and keep copies and notes of who you spoke to, when you spoke to them, the conversation, and any e-mails or other written correspondence too. You may need it in the future.

For more info, just click here!

Good Luck!


Pooch

[Marky1973]

Thanks for all the info guys.......will try and get this sorted as soon as the flood waters subside!

Cheers
Mark