broken i3 and Halfrauds

bootruss · Regular Visitor Joined: Feb 17, 2005 Posts: 60

..the sale of goods act says that you have a "reasonable length of time to test the goods" hence the 28 day rule. Once that reasonable time period has elapsed then you are seen by the SOGA to have accepted the goods thus cancelling the right to a refund. The retailer then has to either replace the goods or repair them once a fault has been established. Seeing as retailers are not software experts then the best people to ascertain the fault is the manufacturer(hence the contact with garmin).
Because the contract is with the retailer hence the option to "contact the manufacturer for you" is provided, though in reality the quickest option is for the customer to do it themselves. The retailer is not obliged to offer a replacement if it is not cost effective for them to do so, hence the rma number. This means that halfords will get full credit for the unit and won't have a second hand unit sat on the side of the shop which they will have to sell at a loss to clear out. The sale of goods act is indeed loaded to your advantage but it is a complex piece of work and sometimes a little knowledge is a dangerous thing!

PaulB2005 · Posted: Sat May 13, 2006 5:16 pm Post subject:

PaulB2005 · Posted: Sat May 13, 2006 5:25 pm Post subject:

From the DTI own website - http://64.233.183.104/search?q=cache:-Qwfdm9xwJoJ:www.dti.gov.uk/ccp/topics1/facts/salegoodsact.htm+dti+sale+of+goods&hl=en&gl=uk&ct=clnk&cd=1&lr=lang_en

This is a cached version as the site has been revamped and i can't find the new page.

Q2. Do I only have rights for 30 (or some other figure) days after purchase?

No. Depending on circumstances, you might be too late to have all your money back after this time, but the trader will still be liable for any breaches of contract, such as the goods being faulty. In fact, the trader could be liable to compensate you for up to six years.

Q13. What does the "reversed burden of proof" mean for the consumer?

It means that for the first six months the consumer need not produce any evidence that a product was inherently faulty at the time of sale.

bootruss · Regular Visitor Joined: Feb 17, 2005 Posts: 60

..whilst I don't wish to spark a debate about knowledge of the SOGA!

(1) The 28 day rule is seen by trading standards as a reasonable length of time which is why it is used not only by halfords but many other retailers.Do you honestly think that they would not consult with TS and legal departments before specifying this timeframe?

(2) Once you have accepted the goods then you forfeit the right to a full refund, acceptance could be interpreted as customisation (POI's) or evidence of frequent usage. Of course it can be replaced or repaired but tomtom, garmin, navman, medion will not allow a unit back for credit after a month. They will only repair it. A replacement is at the discretion of the retailer who will have to sell the then repaired/ refurbished unit at his own loss, trust me I know!! And sometimes, just sometimes retailers will take back a unit just to maintain customer relations knowing full well that the "fault" is down to either lack of understanding of product, no computer to obtain upgrades, can't be arsed to read instructions, bad operation, lack of onderstanding of what they require or simply that they are cheesed off that the unit they bought 3 months ago is now £100 cheaper down to argos unable to sell the vast amounts they ordered in last summer!! Once again..trust me, I know!

(3) Can you tell me how on earth I can prove that a unit is not faulty?!
A retailer is entitled by law to get the unit verified for a fault, and who better than the manufacturer of the damn thing, hence the right to call tomtom, garmin, et al.

I don't wish to come across as precious about this but it seems as though we are( certain satnav retailers beginning with h) trying to give the impression that its a case of we've had your money so tough! But this is really not the case. I pride myself on giving bloody good service regarding satnav and train my team likewise so that word of mouth spreads good things about my store ensuring repeat custom many times over and sometimes I get sick of the few that slam their so called defective tomtom on the counter spewing their rights to a full refund so he can get this years full upgrade and a token sum in his pocket for his troubles!
'Rant over!

swing · Posted: Sun May 14, 2006 9:01 am Post subject:

ben_e71 · Posted: Sun May 14, 2006 11:21 am Post subject:

In my case the unit had three discernable faults two of which I could demonstrate in sotre and the third I could have done if I had had my laptop. In fact when I called Garmin the said yes its brken as soon as I mentioned the speaker (a known fault I thought at that point).

So I wasn't just trying it on - all I wanted was a replacement unit - surely they could have seen that. I worked in retail for 5 years and I could tell those who were genuine and those who were trying it on.

I can on contrast this with issues I had with my broadband router. I was having big issues with it... the supplier spent a lot of time trying to help me sort it out and then finally 12 weeks later swapped it out for brand new kit.... they were excellent and a beacon of good shining in a world of crap service

PaulB2005 · Posted: Sun May 14, 2006 11:56 am Post subject:

swing · Posted: Sun May 14, 2006 3:02 pm Post subject:

ben_e71 · Posted: Fri May 19, 2006 7:33 pm Post subject:

well - good news. Garmin replaced it with a new one.

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