sale of goods act

[ckfe]

we bought a hdd/something else technical dvd player just over a year ago.. just recently it's decided to pick and choose which dvds it will play.. they're brand new genuine dvds that we're trying to watch but for some reason it refuses to play some of them

there's obviously a problem with it but both the manufacturer and the retailer are refusing to replace it or pay for it to be fixed as the warranty ended approx 2 months ago

i know there's a sale of goods act that says something about you have a case if the item you bought should be expected to last longer than just the one year warranty period

has anyone had any experience of using this sale of goods act?

[Capsid]

Never heard of that.
Perhaps the discs are a different region code? Is your DVD player multiregion?

[tulip]

I've not used it, but I wrote this info down after watching a consumer rights prog where someone tried to return a faulty laptop after the warranty had expired.

the seller initially refused, but after being quoted the legal info from trading standards and backed up in writing, including statement of what was technically wrong with the laptop - a replacement was offered.

the manufacturer can refuse to repair or replace a product after the warranty has expired but the retailer has legal obligations for up to six years after purchase.

aside from a warranty- under the sale of goods act 1979 - and the -goods and services act- you can argue that a product is not 'fit for purpose' and 'not of satisfactory quality', and can return the product back to retailer up to six years from purchase if it fails within a time period it would resasonably be expected to work.

good luck!

[BumbleB]

I quoted the sale of goods act - fit for purpose etc when dealing with a manufacturer and they did then take notice and respond. Also,citizens advice and trading standards are very helpful. TS will log your phone call as a case and the advise of your rights. Also Watchdog are very helpful.

[SarzWix]

Yep, I had trouble trying to return a pair of shoes which had fallen apart, and was told that it was past the '28 day return guarantee' or some such waffle I ended up having to speak to the regional manager to sort it out, the shop staff (incl manager!) had no idea whatsoever about the legal stuff!

Look up the Act on Google, and print it out so you can quote it to whoever you need to

[ckfe]

Yep, I had trouble trying to return a pair of shoes which had fallen apart, and was told that it was past the '28 day return guarantee' or some such waffle I ended up having to speak to the regional manager to sort it out, the shop staff (incl manager!) had no idea whatsoever about the legal stuff!

Look up the Act on Google, and print it out so you can quote it to whoever you need to

Never heard of that.
Perhaps the discs are a different region code? Is your DVD player multiregion?

yeah i think i'll print it and take it with me when i go and have a rant at the ppl at currys

and yes it's definitely multi region.. OH has got an obsession with gadgets and expensive tv type stuff so we always end up with the top of the range everything that does everything you could ever want it to do and some stuff you don't need it to do... i'd be perfectly happy with summat ordinary that just does the job but she indulges my obsession with growing stuff so i can hardly complain (even though i'd much rather buy a cheap tv/dvd and spend what's left on gardening necessities )

[jackie j]

We bought a freeview box, we havent been able to get it to work and no one will give us a refund ( bought at asda ), cant find the receipt. It has never worked. Phoned the number in the book that came with it and we have to pay to get it repaired. Its still in its box sat here.

[NOG]

If the retailer calls your bluff and it goes to court you could end up paying the costs if you loose. The "reasonable quality"part takes in to account the cost you paid. So if your DVD was £15.00. Then you shouldn't expect too much out of it.

[ckfe]

If the retailer calls your bluff and it goes to court you could end up paying the costs if you loose. The "reasonable quality"part takes in to account the cost you paid. So if your DVD was £15.00. Then you shouldn't expect too much out of it.

think it cost about £250 cos it was a recorder and did things like that

[Bagpuss]

I think the rule is, if the goods break within the first 6 months there is an automatic presumption that the goods are faulty. In that case you are entitled to a replacement, refund or repair at the election of the vendor.
For the second six month period the burden of proving that the goods are defective, this means that you must show that the goods were not fit for purpose, there is also reference to durability (which should cover you in this instance).

Also if the DVD player was over £100 and you paid by credit card, you might be able to get something back from your credit card issuer.

Have a look on here, there might be something to help you
Consumer Direct

Don't give up if it was an expensive one. All too often these shops try to fob you off.

HTH

Bagpuss

[Two_Sheds]

is this any help? I haven't time to quote from it, you'll have to scroll through for the relevant bits: Sale of Goods Act Fact Sheet - BIS

[Incy]

ckfe, sadly I think this is a fairly common occurence with these DVD recorders. We had exactly the same problem with our last one. recroder worked fine but the player became choosey just after it was out of guarantee ( ours cost over £350 by the way so also not a cheap one) we ended up plugging in a cheap player next to it to provide the play functionailty. We have now replaced it as the player gave up a couple of months ago so we gave the old one to our friends who wanted a recorder but couldn't afford one. I suspect that they will say that delicate technology will wear out. It's not a spade after all.
Good luck with it and let us know if you have any joy. Too late for our last one but worth remembering for future occurences if you have any luck.

[quark1]

Do an internet search on faults for your particular model. Perhaps a discussion forum will throw up some results that 'many' people have found the item to fail shortly after the one year warranty period.

In which case it would indicate a manufacture/design flaw or a particular batch run being bad.

If you could cite several complaints of this kind the manufacturer might take notice.

You could also enquire at another shop selling the item and ask if anyone has any clues/solutions as to the problem. My son's friend had a problem with an Xbox and it was because he'd turned off a certain setting. It initially looked like the mnachine had developed a fault. So do check the details of the handbook - it may contain a clue. Also online help forums might also offer help from ordinary people like yourself.