Oh plop.

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_dobbo_

Original Poster:

14,393 posts

249 months

Monday 17th May 2010
quotequote all
My lovely new G20 Panasonic just went "pop", now the power LED blinks and not much else happens.

Spoke to PC World who claim because it's older than 28 days (I purchased 29 days ago) they won't replace it, only send it for repair. Which means I now need to go into the branch and have an argument in order to get a replacement.

Should have gone to Costco or John Lewis.

frown

headcase

2,389 posts

218 months

Tuesday 18th May 2010
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I wonder if that approach works for murder also!

If i were you id tell them the speakers were vibrating also and put it in for repair for both faults. You will get back a TV that is actually better than a boxed one wink (unless they damage it of course)

_dobbo_

Original Poster:

14,393 posts

249 months

Tuesday 18th May 2010
quotequote all
Actually for what it's worth the speakers were vibrating, I just turned the bass down! smile Off to PC world in a bit to see what happens.

_dobbo_

Original Poster:

14,393 posts

249 months

Tuesday 18th May 2010
quotequote all
Well the manager did his best to help but the service lot wouldn't budge on giving me a replacement, so it's off for repair. This is one area where the sale of goods act is a bit vague, "reasonable time" and all that terribly undefined stuff.

Plotloss

67,280 posts

271 months

Tuesday 18th May 2010
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14-21 days is 'reasonable'

SOGA gives them the option of repair.

It may be uneconomical however so they'll just replace it.

Silverbullet767

10,714 posts

207 months

Tuesday 18th May 2010
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Rules or no rules I would have DEMANDED a new set and would not have left before I got one, maybe I just like spitting the dummy out...

Graham E

12,705 posts

187 months

Tuesday 18th May 2010
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Silverbullet, they're just falling in line with the manufacturors policy. If they give you a new tv, and the manufacturor repairs, what will they do with the (now secondhand) set? Despite popular belief, there isn't that big a margin to be made retailing tv's...

_dobbo_

Original Poster:

14,393 posts

249 months

Tuesday 18th May 2010
quotequote all
I considered making a fuss but it's really not in my repertoire of shopping skills - besides the bloke really was trying to get me a replacement, and it wasn't his fault.

If as suggested above it comes back with the speakers fixed as well as the fault repaired then I'm probably better off than if it were a new TV anyway.

Was seriously considering a second G20 for the dining room - I'm not put off by this but I'll buy elsewhere next time in the expectation that if anything does go wrong I might get slightly better service.

Deva Link

26,934 posts

246 months

Tuesday 18th May 2010
quotequote all
Silverbullet767 said:
Rules or no rules I would have DEMANDED a new set and would not have left before I got one, maybe I just like spitting the dummy out...
You have no legal right to demand a new set. If you got arsy they'd call security or the Police and remove you.

Even the rights you do have under SOGA can be hard to enforce - you might have to sue to get your money and there's no certainty of success.

nelly1

5,630 posts

232 months

Tuesday 18th May 2010
quotequote all
Glad I bought mine in Costco!






wink

Deva Link

26,934 posts

246 months

Tuesday 18th May 2010
quotequote all
nelly1 said:
Glad I bought mine in Costco!


wink
It's only 90 days there now - used to be effectively for ever.

nelly1

5,630 posts

232 months

Tuesday 18th May 2010
quotequote all
Still comes with a five year guarrantee though.

I think the 90 days is just for direct replacement?

Unlike PC world though, the 'Returns' bods are not exactly picky... smile

_dobbo_

Original Poster:

14,393 posts

249 months

Tuesday 18th May 2010
quotequote all
My TV came with a 5 year guarantee - but it doesn't guarantee you a replacement, merely repair.

My only complaint is that when you drop a grand on something and it breaks a month later, it really takes the shine off and makes you want a brand new replacement. Not the way the world works though...


headcase

2,389 posts

218 months

Wednesday 19th May 2010
quotequote all
Silverbullet767 said:
Rules or no rules I would have DEMANDED a new set and would not have left before I got one, maybe I just like spitting the dummy out...
You do realise that after you have Demanded and shouted and kicked off and eventually gone away, everyone involved will have labelled you a complete dick and piss them selves lauging at everything you were supposedly entitled to! wink
People with that reaction make my day as you tend to go out of your way to stick to the rules insetead of showing a little discretion.

prand

5,916 posts

197 months

Wednesday 19th May 2010
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John Lewis took my TV back - no exchange, repair only. This is only just over a month old too.

PJ S

10,842 posts

228 months

Wednesday 19th May 2010
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Dobbo, your rights under The SOGA, provide you with the capacity to reject the goods as of unmerchandisable quality, and considered to be faulty from the off.
In the first 6 months of ownership, the reseller has to prove the goods weren't inherently faulty, but thereafter the onus falls on you to prove it.

This "28 day" policy thing, is worthless, carries on legal weight, and would be laughed out of court. Just because they have it printed on their receipts, on a large bit of cardboard at the tills, etc still does not make anything it says a legal indemnity for the store to use to counter or prevent your SOGA rights applying.

Once, you accept a repair however, should the goods develop a further fault, your entitlement to reject the goods ceases to be enforceable.

So, if it's not too late, and you really would prefer a replacement/refund, then use Google to bring up a number of SOGA links, and print off the relevant info.
If anyone points or references the "28 day" policy, calmly point out that that has no legal standing, and does not replace or usurp The SOGA.

Resellers have rights too under SOGA, but it is primarily consumer legislation to be used against unscrupulous practices.

I used SOGA on DFS many years ago, and no matter how much they tried to commit me to a repair of the sofa, they eventually had to give up, and agreed to collect the item. That it was on credit too may have helped, but the financiers were told of the situation, that I would not be paying them, and if they hadn't already paid DFS, they should withhold payment.
If you paid by credit card or used their in-store credit facility, then you can always involve them if needs be - the sooner the better of course.

_dobbo_

Original Poster:

14,393 posts

249 months

Wednesday 19th May 2010
quotequote all
I did a lot of research into the SOGA before going in there - primarily what put me off causing a real fuss was this:



1.S.48B (1) Repair or replacement


S.48B provides that the buyer can require the seller to repair or replace the goods at the sellers expense. The seller is required to do so within a reasonable time.

If the buyer makes this request they lose the right to reject the goods unless the seller does not comply within a reasonable time.
The seller need not repair or replace the goods where this would be impossible or disproportionate to do so.




So what's a reasonable time? And it says repair or replace, but who decides, me or the seller?

Edited by _dobbo_ on Wednesday 19th May 14:58

PJ S

10,842 posts

228 months

Wednesday 19th May 2010
quotequote all
_dobbo_ said:
So what's a reasonable time? And it says repair or replace, but who decides, me or the seller?
A reasonable time is not defined in law, but is taken to mean anything up to one month - allowing for bank holidays, weekends, parts needing to ordered in, workload/backlog of repair dept, etc.
Essentially it's between the customer and reseller to agree on the timeframe being reasonable.

As for repair/replace - the reseller decides that if the cost of repair is less than the cost to replace, then a repair is offered, unless company policy is to replace within (as PC World's case) 28 days of purchase.
Repaired units are then resold as ex-demo, refurb, b-stock or returned to manufacturer for reimbursement, for them to deal with regarding repair and resell.

_dobbo_

Original Poster:

14,393 posts

249 months

Wednesday 19th May 2010
quotequote all
Thanks - this is as I understood it. The seller decided 28 days was reasonable, I don't necessarily agree but what were my options other than to accept a repair, I don't see how I could have rejected it or demanded a replacement?


PJ S

10,842 posts

228 months

Thursday 20th May 2010
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You need to look at another link in Google - up to 6 months after purchase, the onus is on the retailer to prove that the goods were not inherently faulty.
Ergo, you tell the merchant you are rejecting them under the SOGA, and that's the end of the matter - presuming it was not the buyer who damaged it, obviously.
It's as simple as that.
After 6 months, and up to 5-6 years after purchase, the buyer has to satisfy the merchant that the goods were inherently faulty, so unless you pay for an independent engineer's assessment, you'll accept the repair or replacement the merchant offers.