Can I return this for a replacement?

  jimmylove 14:07 16 May 2005
Locked

Bought a new Treo 650 from eXpansys 25 days ago. Out of the box there were a few problems (which I alerted them to) but I thought they might sort themselves out. Turns out I was wrong and want to send it back for a replacement (every time I turn the phone on it hangs for 10 minutes whilst searching for a network and I have to perofmr 3 soft resets to get it to function correctly). Palm told me that within 30 days I must return it to the reseller for a replacement but eXpansys say that I can only do this within 21 days - the lady was pretty rude and extremely sure of herself she said their policy is strictly 21 days not 30 days. Clearly I'd like a new replacement and not a reurbished one from PalmOne. Does anyone know wher I stand with the Sale of Goods act?
TIA,
James

  spuds 15:17 16 May 2005

Here we go again. Retailers slightly changing the consumer laws to suit themselves. You have redress via the Supply of Goods and Services Act 1982 [as amended]. The item was faulty at the time of purchase, and you alerted the retailer to these facts.The law states that it is the retailer who as to prove the item was not faulty, and not the customer, within the first six months. You have a claim for a replacement or refund irrespect to what the retailer insists are company policy. Do not deal with the manufacturer direct, it is the responsibility of the retailer, to resolve the issue.Keep all information of telephone calls, correspodence, and who you contacted, persons name etc.You may need this information later.

Initially you had a claim via the Consumer Protection [Distance Selling] Regulations 2000, if you had purchased via the internet, mail order, telephone process.This would have given you protection for the first seven days, and you could have sent the item back,without giving a reason.Certain items, like software are exempt from this regulation.

Inform the retailer that you have a problem, and it is for them to sort it out. Consumer law is in your favour click here . If the retailer proves difficult, then point out the relevant facts of consumer law, with the mention that you will contact trading standards for further help and advice.

  TomJerry 15:26 16 May 2005

just keep this for my future reference

  Cara2 22:00 16 May 2005

Please see my thread regarding my faulty television. It may be worth your while contacting Trading Standards and requesting a 'consumer action pack'. Thats really what did the trick for me.

One point to note is that companies cannot impose their own time limits - although they may well try to as in my case with Currys.

Here again is the paragraph from Trading Standards action pack, that may well apply to you: "If you have only used them (electrical goods) a few times or havent had a reasonable opportunity to check them, then you are probably entitled to a refund for a major fault, a number of minor faults or a serious misdescription".

Another section from the pack is entitled 'Is the trader right'? One example is - "You will have to send the faulty goods back to the manufacturer". Wrong! The trader who sold you the goods is responsible for all problems".

You sound like you have a very reasonable case - so do not be fobbed off.

  Forum Editor 23:46 16 May 2005

that although, under the terms of the supply of goods and services to consumers regulations, the onus is on the retailer to demonstrate that the goods were not faulty at the time of the sale, the retailer has the right to attempt a repair - you do not have an automatic right to a replacement item, or to a refund at this stage.

I very much doubt that the right to repair would be taken up by a retailer in the case of a mobile phone, but it exists. In many cases (and this applies particularly to complex electronic items) it's actually better and /or quicker to deal direct with the manufacturer, which is why electronics retailers often suggest it.

Companies may formulate all the policies they like, but they cannot apply a policy that in any way detracts from, or erodes your rights in law. In this case the lady at eXpansys has it wrong, and you are well within the period allowed by law. Your claim under the sale of goods act is that the item was not fit for the purpose for which it was sold, and your claim under the supply of goods and services to consumers regulations is that the item was faulty at the point of sale - either way your claim will succeed.

  Forum Editor 23:58 16 May 2005

a comment about acceptance. You are deemed to have 'accepted' an item if you do not notify the seller, in writing, and within a reasonable time - that you are rejecting it. That's just one of the ways of accepting an item, but it's the one that applies in your case. What constitutes a reasonable time is not defined in the act, the courts make decisions about that as individual cases come before them.

In your case it might be argued that after 25 days it isn't reasonable to reject the goods, and the fact that you decided that the problems might 'sort themselves out' is evidence of your acceptance. In any event it might be worth formally rejecting the Treo now. You have nothing to lose by doing it, and you may gain a replacement or a refund. Do the rejection by email - it's now an accepted method of notification.

  jimmylove 06:33 17 May 2005

Thanks for all the advice. After several phone calls and emails I got this rather patronising email from some nameless person:
Dear Sir,

Please have this complete unit returned to us within your 28 days of receipt. We will send the unit off to Palm for assessment. If the report from Palm comes back as having a manufacturer fault. The unit will be replaced. If you had returned the unit back to us when you contacted us initially this matter would have been tested and resolved by now.

Regards

Expansys.com

This does seem in line with what the FE has said. Any thoughts?
James

  Cara2 12:45 17 May 2005

Trading Standards emphatically stated that I was entitled to either a refund or replacement with regard to my faulty television - and this was outside of Currys 28 day policy. I did not have to accept a repair.

This area of law is extremely vague.

  spuds 15:30 17 May 2005

When does a possible claim for defective goods lapse?

Once goods have been 'accepted' the customer loses his/her right to reject them and therefore claim back what he/she as paid. Acceptance can be either by explicit acknowledgement or by, for example, keeping them for more than a reasonable time. This is an area where car dealerships have attracted some doubtful publicity and where there have been calls for changes to the law.

This thread is now locked and can not be replied to.

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