Crosswords1 min ago
Consumer rights
5 Answers
I have bought a digital SLR camera from currys at xmas .
the camera as developed a fault with the internal processing unit, causing pictures to be marked.
Currys tell me that it as to be sent away to be repaired taken 2 to 3 weeks.
I am not happy with this , I believe my consumer rights intitle me to have the camera exchanged at the shop, or given a refund,Currys are arguing this saying I can thave a refund, any advise please
the camera as developed a fault with the internal processing unit, causing pictures to be marked.
Currys tell me that it as to be sent away to be repaired taken 2 to 3 weeks.
I am not happy with this , I believe my consumer rights intitle me to have the camera exchanged at the shop, or given a refund,Currys are arguing this saying I can thave a refund, any advise please
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I think that they might be right, however contact your local trading standards office and they can advise you on this matter. My Mum had a faulty mobile phone which she bought from Tesco, when we tried to ask for a refund/replacement they said it had to be sent off for a repair as it was no longer in saleable condition. Being a consciencious shopper I queried this as I thought it was wrong, but they advised me that they follow trading standards rules on these matters and they do not have to replace or refund, they are well within their rights to offer a repair. I know it stinks and I thoroughly agree with you!!
Your right to a refund, in respect of faulty goods, only exists until you've legally 'accepted' the goods. The length of this period isn't defined in law but, in general, it just gives you enough time to check that, at the time of purchase, everything is in working order. With a digital camera, this period might last for a week or so but it's unlikely that it could be successfully argued that you'd not accepted the goods after 3 months.
If a fault subsequently develops (due to an 'inherent fault'), the retailer must remedy the fault, either by repairing the goods or by providing a replacement item. The purchaser can indicate which of these options he prefers but the vendor has the right to reject that option (and substitute the other) on the grounds of 'disproportionate cost'. That effectively gives Currys the right to say that they'll get the camera repaired (at no cost to them) rather than give you a new camera (which would cost them money).
During the first 6 months after purchase, there is an automatic assumption that any problem which develops is due to an inherent fault (e.g. poor quality components or poor manufacturing standards) unless there is clear evidence to the contrary (such as a big dent showing that you'd dropped the camera). Thereafter, up until 6 years from the date of purchase, the same rights exist but it is for the purchaser to show, based upon the balance of probabilities, that the most likely cause of a problem is an inherent fault.
Chris
If a fault subsequently develops (due to an 'inherent fault'), the retailer must remedy the fault, either by repairing the goods or by providing a replacement item. The purchaser can indicate which of these options he prefers but the vendor has the right to reject that option (and substitute the other) on the grounds of 'disproportionate cost'. That effectively gives Currys the right to say that they'll get the camera repaired (at no cost to them) rather than give you a new camera (which would cost them money).
During the first 6 months after purchase, there is an automatic assumption that any problem which develops is due to an inherent fault (e.g. poor quality components or poor manufacturing standards) unless there is clear evidence to the contrary (such as a big dent showing that you'd dropped the camera). Thereafter, up until 6 years from the date of purchase, the same rights exist but it is for the purchaser to show, based upon the balance of probabilities, that the most likely cause of a problem is an inherent fault.
Chris
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