OT Consumer rights

I would appreciate some advice following the purchase of a Camcorder.
It was bought last Saturday and there appears to be a fault. I intend to
return to the shop
on Saturday, but am unclear of what my rights are. I am sort of expecting a
problem not sure why.

1. Am I able to demand a full replacement seeing as the product appears to
have had the fault from new
and is will only be a week old.

2. Can I demand a full refund

What I want to avoid is sending back to Canon under Guarantee etc

What is my best tactic, and what can I threaten them with if needed.



--
Phil
Aprilia Tuono (Racing)
Fazer 1000
VFR 800 V-TEC
BOTAFOF#45

 

Don't do what I did. I bough a video camera from Curries. Got it home and it
appeared to be broken. Went back and had the almightiest row with the
manager who wanted to send a 1 hour purchase back to the manufacturer, Got
the new replacement video home - same problem - not broken just stupid
operator.

Usually if it's one of the big stores they will replace it on the spot. If
not kick up in the middle of the store and refuse ro be sidelined.

HTH

Buzby

 

Fit for purpose (it would appear not to be) as defined by the sale of
goods act.

Yes, see above.

HTH

Be polite, but explain exactly what want in a firm, non-abusive manner.
The asssistants are probably shattered and will react better to being
treated as human beings



--
Catman MIB#14 SKoGA#6 TEAR#4 BOTAFOF#38 Apostle#21
Tyger, Tyger Burning Bright (Remove rust to reply)
Allfa 116 giulietta 3.0l (Really). Sprint 1.7
Triumph Speed Triple: Black with extra black bits
www.cuore-sportivo.co.uk

 

Phil wrote

Cos you are a know nothing ****, if you expect problems then your wish
will almost certainly come true.

yes


1a Are you able to demand a replacement with a similar model
(opportunities for bartering exist here for the knowing).?

yes but first you must have exhausted the opportunities provided in 1
and 1a

Then don't.

Your best tactic would be to learn something about the rights that you
do or do not enjoy as a citizen consumer of this fair land. The BBC and
gummint web sites can be very useful in this respect.

In the mean time you may as well be aware that successive generations of
legislators and sensible people have laboured away to turn the high
street into shoppers heaven and you, the consumer, are it's god.

Expect nothing less than full on outward displays of devotion and
worship. Genuflecting gracefully to the crowd singing heavenly
choruses of 'alleluhia He is here, we are saved' is expected behaviour
but the encouragement of wailing virgins is optional unless you live in
essex where they are forbidden by strong local custom.

Be vengeful when wronged.

 

Yes. Replacement or full refund.

Did you buy it with a credit card? If so, you have even more protection. If
the store gives you any grief (and I really doubt they will if it's as you
describe), ring the credit card company and ask to speak to someone about
legal advice.

 

No need, they should know the law. If you bought it on credit card you
have even more protection.

 

Yes - the goods are required to be as described and fit for purpose. A
defective item purchased new clearly isn't.

Yes if you really do not want a full replacement.

IIRC If you encounter trouble but paid for the camcorder with a credit
card then you can enlist the help of the credit card company to get your
money back.

So don't accept that option if it is offered. You are under no
obligation so to do.

Why threaten? just be assertive and don't get all emotional. Bear in
mind it will be the first day of proper shopping after the break and
they will probably be inundated with moronic dimwits looking a bargain
or people wanting to complain about unwanted / non functional presents.

If the "super slick" sales person is not helpful demand to see the
manager. If that doesn't work ask for the name of the managing director.
If that doesn't work threaten them with exposure on BBC Watchdog - that
has never failed to work for me when dealing with these utterly dreadful
high street consumer electrical stores (currys, comet etc etc).

 

___________________________________

(i) Like's been said, stay calm even amiable but be firm - not abusive.
Abusive gives a slim excuse to chuck you out of the store or at least
misrepresent you later. And take someone with you as a witness (big is
good but not vital) and make sure they understand what your going to be
saying.

(ii) The law is your friend (for once), specifically bits of consumer law.
(But the bits got shuffled about so although it was originally under the
consumer protection act I think the main bits been assimilated into an
updated version)
...... Still the key words of power are "I'm rejecting this as not of
mearchantable quality, it is not fit for the purpose it was sold ... In
short it simply doesn't work (or doesn't work properly according to how fkd
it actually is) I require a refund".

(iii) Take all the packaging and receipts. Smart might be to photocopy the
receipts - Its unlikely they'll eat them to destroy your proof but ......

(iv) If they counter with some bollocks like 'you've had it for a week' (or
anything else) *don't* go there - reply that's not the point, a week is
hardly the lifetime such a product should have and repeat (ii) above
.........And keep repeating it throughout any ensuing conversation (this is
known as 'scratched record' technique .... just keep going back to your core
position and repeating it til they give up).

(iv) You will NOT accept ANY alternative - even a replacement - as this may
affect your rights under consumer law (I think this has something to do with
if you do you've now agreed/accepted something other than the original thing
and your protection's linked to the original purchase).

(v) You will not accept it being sent back to the manufacturer under
guarantee 'because you've used it' or any other crap along these lines .....
repeat point (ii) and tell them if they want to send it back to the
manufacturer that's up to them *you* are relying on consumer law and that
makes clear its the *retailer* who has responsibility to sort it when they
sell you crap that breaks down, not the manufacturer. Nor will you leave
it with them for examination or any other purpose - If they will not accept
your word they must test it now.

(vi) IF you are being offered a good alternative and you do want to take
their offer, then explain its because you don't want to put yourself at risk
of loosing your rights under consumer law that you won't agree a swap but
you will buy the alternative once they've given you a refund.

(vii) If they refuse a refund tell them you are raising this with your local
Trading Standards office as soon as it opens PLUS if its not simply a one
off store that you will be raising it with their head office ........ Make a
point of getting the name of the person your talking to ........... And you
shouldn't be walking out of there without getting what you want without
insisting on talking to the store manager or the most senior person in the
store at the time .............. But its *not* your responsibility to go
back another time - Whoever's most senior must have authority to effect a
refund and don't believe any bullshit to the contrary.
And then if needs be go down this route. Its a nuisance but its painless

(viii) And like's been said, if its bought on a card write to the card
company too, explain what's happened and tell them you require them to
refund the payment from the vendor back to you and they can sort it out
(assuming its for £100 or more).


--
Nidge
ZX6R J2 Stunning in zit yellow. Bits of CB500S in Norwegian Parrot blue.
BOTAFOT#63

'Just because I don't care doesn't mean I don't understand'.
(Homer Simpson).

 

....somehow you look more like John Wayne Bobbitt than John Holmes in your
*cough* home videos?