My Statutory Rights?

  arear 23:12 10 Dec 2003

I plan to purchase a canon powershot from amazon on the assumption that it will produce blur-free shots of a trampolinist.
According to their site I can withdraw from the sale within 7 working days of delivery on the account that I "changed my mind".
If I recieve the camera, open it and take a photo which I am not staisfied with, can I still send the item back and withdraw from the contract even though the product is not faulty and has been opened and used?
Assume the camera is still in perfect condition.


  Tim1964 23:24 10 Dec 2003

Just had a lok at the Amazon T+Cs and the 'unsealed' bit might be a problem. have a look click here

If you could somehow state (on ordering)that the camera will be used for taking pics of fast moving objects and it turns out it doesn't then you can reject the goods on the grounds of 'unfit for the purpose for which it was bought'

The regulations take precedence over Amazons terms and conditions, but that is only down to the fact that the consumer cannot negotiate the terms and that in itself is subject to another statutory instrument (Unfair terms in Consumer Contracts regulations 1999).

The Consumer Protection (Distence Selling) Regulations 2000 are very clear (if only by ommission) that unless agreed otherwise the consumer has the right to return the goods within seven days even if used. (The regulations simply do not mention this at all, and the only things that must not be "unsealed" are audio or video recordings or computer software). Nowhere in the regulations does it say you cannot use the item and then return it, although the supplier will obviously not want you to return used goods and so will try to prevent this by adding their own terms - probably to no avail.

However, Amazon offer a 30 day "No Quibble" gaurantee BUT you cannot use the goods for three weeks and then return them. Because Amazon have "Extended" the "Cooling off" period they can also state that you must return the items unused.

So, its like this -

Do not use them and you have 30 days to return them still not knowing if it would have been the right camera for you.

Use them for six days and then retun them with no problem!

  GANDALF <|:-)> 07:21 11 Dec 2003

Personally you are asking a lot from a camera that is in the lower end and spec (price) of the market. Unless you are fairly close to the subject, 20 feet max, you are unlikely to produce enough light from the flash to illuminate the subject. To get crisp shots of a moving subject you really need a professional digicamera, and a price to match. There is not much point in trying the camera as you will be sending it back. It is perfectly acceptable for a company to ask that you do not use the goods, if you did, how would they resell a loss?

People are always moaning how terrible retailers are, isn't 'trying out' a camera just as bad. You can find the specs of the camera that you need by a litle research but you are looking at £1500+


  Jester2K II 07:56 11 Dec 2003

What is it they say about Assumption being the mother of all (mistakes).....

Go into your local Jessops and try out the same or very simalar models. Then buy from them as they will price match Amazon (so i understand).

Also digital cameras suffer "shutter lag" when trying to take action photos, so i don't think a digital camera is the best type of camera to be used for action photos. Especially if its a low end one.

  The Spires 10:29 11 Dec 2003

You would be probably be better off with a film SLR if you don't want to pay over a 1000 notes which will give you a lens capable of the light grasp mentioned by GANDALF <|:-)> you need. The Cannon EOS range starts around £200+ & have won quite a few awards in camera mags. If you have a local Jessops they are quite knowledgeable & will demonstrate a range of camera & advise you which will fill your need.

  GroupFC 12:14 11 Dec 2003

Jester2K II is right on the nail (as he so often is!)!

Shutter lag is a problem with digital cameras and having a Canon A70 myself, i would definitely not recommend a digital camera for taking action shots!

  bfoc 22:12 11 Dec 2003

Shutter lag wouldn't stop single action shots, you would just have to be willing to take a lot of shots!

In truth you would probably have to buy not just the camera but also a large sized memory card to store all the pictures on, until you deleted the duds.

I must say I agree with much of what has already been said. If you really want to try before you buy than consider QVC, their money back offer, which is try before you buy, has been 'extended' until near the end of January. Their website is click here

  Jester2K II 07:29 12 Dec 2003

I agree - Shutter Lag won't STOP single action shots but it does make them hard to line up and know when to take the shot. On a 35mm camera its press, click, taken faster than you can say it. With digital camera there can be .25 or .5 of a second bettween press and taken. In a REAL action shot situation that can mean the difference between a subject being in frame and half out again...

  arear 11:03 12 Dec 2003

Ive seen a sample photo taken on the fuji s5000 of an action shot with no blurring. If the camera can take a blur free shot, even if it is under exposed, then I can enhacne it using photoshop.

  Jester2K II 13:26 12 Dec 2003

Its not about blurring.

Its about taking the photo when the subject is in the view finder.

I can take action shots with my Fuji S304 but half the time my cats are half way out of the shot by the time the shutter goes even though they were in shot when i pressed the button.

Even photoshop can't fix that....

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