Is It Feasible To End I C E Car Sales By...
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faulty goods
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i bought a camcorder at christmas and its never been used that much. today its gone wrong so i took it back to currys they say its not there policy to exchange it for a new one. are they right to tell me this.
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As you've had the Camcorder less than 12 months the shop has to do something about it. They are liable for the product and they also have a legal obligation under the sale of goods act - Quote Section 9 (i think) at tell them that the good must be of merchantable quality. They do have the right to fix it though rather than replace. They can't just ignore you or fob you off - don't let one of the staff put you off - get the Senior Manager.
Here's a quick summary of your rights:
1. If you discover a fault very soon after after purchase, the law assumes that you've never legally 'accepted' the goods and you have the right to demand a full refund. (You could, of course, accept a replacement if you chose to do so). The length of the 'pre-acceptance period' isn't defined in law but, generally, it just gives you sufficient time to take your purchase home and try it out.
2. If a fault occurs within the first 6 months after purchase, the law normally assumes that it has occurred due to an 'inherent fault'. e.g. poor quality components or poor manufacturing standards. (Obviously, that wouldn't apply if, say, it was obvious that the item had been dropped from a great height). The retailer is not obliged to offer a refund but must seek to rectify the fault by either providing a replacement item or arranging a repair. (The purchaser may state which of these options he prefers but the retailer may decline to use that option if it is financially unreasonable to do so).
3. From 6 months after purchase, until 6 years after purchase, the retailer remains obliged to repair or replace an item which fails due to an inherent fault. However, there is no longer an automatic assumption that the failure is due to an inherent fault. It is for the purchaser to show, based on the balance of probabilities, that an inherent fault is the most likely cause of the failure.
You've now arrived at section 3 of the above. If you wish to pursue your rights with Curry's, you should make it clear that, based upon the limited usage, you believe that the cause of the problem is an inherent fault. (Ensure that you use words like "I'm confident that a court would rule . . .").
Chris
1. If you discover a fault very soon after after purchase, the law assumes that you've never legally 'accepted' the goods and you have the right to demand a full refund. (You could, of course, accept a replacement if you chose to do so). The length of the 'pre-acceptance period' isn't defined in law but, generally, it just gives you sufficient time to take your purchase home and try it out.
2. If a fault occurs within the first 6 months after purchase, the law normally assumes that it has occurred due to an 'inherent fault'. e.g. poor quality components or poor manufacturing standards. (Obviously, that wouldn't apply if, say, it was obvious that the item had been dropped from a great height). The retailer is not obliged to offer a refund but must seek to rectify the fault by either providing a replacement item or arranging a repair. (The purchaser may state which of these options he prefers but the retailer may decline to use that option if it is financially unreasonable to do so).
3. From 6 months after purchase, until 6 years after purchase, the retailer remains obliged to repair or replace an item which fails due to an inherent fault. However, there is no longer an automatic assumption that the failure is due to an inherent fault. It is for the purchaser to show, based on the balance of probabilities, that an inherent fault is the most likely cause of the failure.
You've now arrived at section 3 of the above. If you wish to pursue your rights with Curry's, you should make it clear that, based upon the limited usage, you believe that the cause of the problem is an inherent fault. (Ensure that you use words like "I'm confident that a court would rule . . .").
Chris
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