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mattd
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PostPosted: 15:46 - 26 Mar 2011    Post subject: PCWorld/Currys faulty returns policy Reply with quote

Hello chaps,

Bought a camera for the misses at Christmas and today it stopped working - no problem thinks I as it's only 3 months old and I got it from Currys / PC World and I still have the receipt.

But, oh no - it's not that easy.....the period at which you can return an item for a refund or replacement is 28 days.

So they will only "repair" the item (which takes 2 weeks)

Now, correct me if I'm wrong but I thought I was entitled to have refund or replacement and that under the Sales Act I don't have to accept a repair service

I told this to the "manager" and I was told that they are forfilling their obligation by offering a warranty repair service with Samsung.

Now, I bought the camera from them, not Samsung so in my mind the buck stops with them for a refund or replacement

Argh....I know it's my own fault for shopping there, but it was the only place that stocked the camera she wanted.

PC World and Currys - no wonder you're loosing money
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Poseidon
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PostPosted: 15:58 - 26 Mar 2011    Post subject: Reply with quote

Which part of the sales of goods act are they in breach of? As far as I'm aware, a warranty from a manufacturer entitles you to a repair. If that takes 2 weeks then so be it. It's not as if they're refusing to sort your problem, it's just that you've got the hump because they wont give you a shiny new camera in exchange for your 3 months old one.

As for it being their fault... Samsung made the product, samsung tested the product, samsung boxed the product, samsung shipped the product to currys/pcworld. All pcworld did was distribute it to a store and sell it to you. The fact curries are offering to repair it for you and bill samsung under the warranty themselves would suggest to me that they're doing you a favour. If you'd bought it from a dealer that doesn't have repair centres, you'd be on the phone for hours trying to arrange a courier to collect you camera, inevitably they would only be able to collect office hours mon-fri, which would mean a whole day waiting in, then you'd have to wait up to 4 weeks before waiting in for another day to sign for it on return.

Patience is a virtue. Chill out man! Despite common opinion, not everything is instantaneous in our society.
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Poseidon
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PostPosted: 16:04 - 26 Mar 2011    Post subject: Reply with quote

In fact, don't they offer a 10/15quid instant replacement cover, specifically designed to give you a replacement should a fault occur after 28days? Normally it's valid for like 3 years or summat. I took it out on my DVD recorder. 18months after I bought it, it went faulty, took it back and got a brand spanker to replace it!

You should've taken that!
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Ingah
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PostPosted: 16:24 - 26 Mar 2011    Post subject: Reply with quote

https://www.consumerdirect.gov.uk/after_you_buy/know-your-rights/SGAknowyourrights/
"When can I get a refund? When will I be entitled to only a repair or replacement?

If you are returning goods that are not of satisfactory quality or not as described and you inform the trader of the problem within a reasonable period of time, you may be entitled to full refund. If you have had some use from the goods or have had them for a while before you take them back you could ask for a repair or a replacement item. You, as the consumer, have the option of which solution you would like, however you must not require the trader to repair or replace the goods if this would be too costly, as compared to another remedy.
[ Note that DSG more than likely use the latter part of this sentence as their cop out. ]

If a repair or replacement is not possible for the trader to provide, then you may be entitled to a reduction in the price of the goods to reflect the use up to that point or a refund. These remedies exist alongside the remedies available to you under the general law to terminate the contract for breach of condition and obtain a full refund.

Any remedy that is carried out by the trader must be carried to be within a reasonable time for the consumer and without causing significant inconvenience.

Who do I claim a refund, repair or replacement from?

Your contract is with the trader and not the manufacturer and you should always go back to them to make a claim under the Sale of Goods Act. However if you have paid for goods using a credit agreement like a Hire Purchase Agreement then your rights are different and you should call Consumer Direct for further advice.

If you have paid over £100 for your goods via credit card you can hold both the trader and the credit card company liable for any breach of contract under Section 75 of the Consumer Credit Act. The credit card is jointly and severable liable which means that you don’t have to go to the trader first to make your claim, however in practical terms speaking to the trader may be the quickest way to get your problem resolved. To write a letter to your credit card company claiming a refund for faulty goods click here for a template."

That said, i know how hardheaded the DSG group is over this, so good luck.
Note: Warranties do not in ANY way affect these basic consumer rights - they can only be "in addition to".
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Last edited by Ingah on 22:49 - 26 Mar 2011; edited 2 times in total
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Ingah
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PostPosted: 16:28 - 26 Mar 2011    Post subject: Reply with quote

Poseidon wrote:
In fact, don't they offer a 10/15quid instant replacement cover, specifically designed to give you a replacement should a fault occur after 28days? Normally it's valid for like 3 years or summat. I took it out on my DVD recorder. 18months after I bought it, it went faulty, took it back and got a brand spanker to replace it!

You should've taken that!

Laughing
Yes, so they'll not argue with you about your basic consumer rights if you pay them extra protection money that goes straight to their bottom line. I think it's called "making a market niche" or "inventing a need", isn't it? Laughing

I've worked for the company (briefly - i could not stand them for long). I believe they are little better than opportunistic corporate scum.
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Phoenix
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PostPosted: 16:32 - 26 Mar 2011    Post subject: Reply with quote

You can say that PC World is nothing more than an outlet for Samsung goods but you're forgetting the huge profit they make on each sale, with the profit making they have to share the responsibilities for after sales support. You have to read the warranty/guarantee very carefully, usually in it you can find out exactly what responsibilities the vendor has and what is considered acceptable, it's your contract with them effectively.

I had a Casio digital camera which I bought from Argos, after just over 2 years it went faulty, the warranty had expired. I took it to Argos and they gave me a full value voucher there and then, £75 for a camera I bought over 2 years ago at the same price. One of the reasons I went with Argos is because I know they have a habit of submitting to customer service requests to maintain their reputation. However, say you're going on holiday next week and therefore won't have a camera to use because yours is now broken after 3 months, 2 week repair is no good to you so you are entitled to a more reasonable offer, most likely a replacement, I imagine the same model is still sold.
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0ddball
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PostPosted: 16:34 - 26 Mar 2011    Post subject: Reply with quote

Somewhere with good customer service like Asda/Argos etc will usually just refund you or give you a replacement if they have one in stock.

Getting a refund or even decent service from any of that group of scam artists (pc world, currys, comet and whoever else, they are all the same scummy company) is nigh on impossible.

I'm not sure on your legal position but i have a feeling you're about to learn a lesson. I did and i'll never ever buy there again, even if i pay more elsewhere.
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Ingah
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PostPosted: 16:38 - 26 Mar 2011    Post subject: Reply with quote

Just to add: PCWorld/Currys/Dixons (i.e. the DSG group) have been doing this for years.
Read here when someone battled them, and i think won in the end: https://www.pcadvisor.co.uk/forums/index.cfm?action=showthread&threadid=222541&forumid=2
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Ingah
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PostPosted: 16:42 - 26 Mar 2011    Post subject: Reply with quote

0ddball wrote:
Somewhere with good customer service like Asda/Argos etc will usually just refund you or give you a replacement if they have one in stock.

Getting a refund or even decent service from any of that group of scam artists (pc world, currys, comet and whoever else, they are all the same scummy company) is nigh on impossible.

I'm not sure on your legal position but i have a feeling you're about to learn a lesson. I did and i'll never ever buy there again, even if i pay more elsewhere.

Comet is not the same group, they are actually the main competitor. However, they have a similar form of rip-off business model.

Another addition (it's probably mentioned in a few places of the links i've given thus far) - it is assumed within 6 months of purchase that the fault(s) in any goods bought were inherent at the time of sale (ergo, it does not work now, you do not need to prove it, they would need to disprove it). This makes your case easier (don't get me wrong, it's never easy vs DSG) as it will mean you probably won't have to get an engineer's report to prove the fault isn't your fault. Take advice imo, and persue the small claims route. They won't turn up.
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JonB
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PostPosted: 16:53 - 26 Mar 2011    Post subject: Reply with quote

Another Thumbs Up for Argos, had a home phone that developed a fault, was 11 months old so still within 12 months warranty. No questions asked for a refund there and then. Was so happy with the service, I spent a little bit more on my next phone with them.

Also, can't understand why a company wouldn't do this, surely they can claim back the cost from the manufacturer?!
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Ingah
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PostPosted: 16:56 - 26 Mar 2011    Post subject: Reply with quote

Jonny Bravo wrote:
Another Thumbs Up for Argos, had a home phone that developed a fault, was 11 months old so still within 12 months warranty. No questions asked for a refund there and then. Was so happy with the service, I spent a little bit more on my next phone with them.

Also, can't understand why a company wouldn't do this, surely they can claim back the cost from the manufacturer?!


See what Poseidon said about paying extra for their "instant replacement" insurance. Why would you, if they were going to allow you your legal consumer rights anyway?

And yes, they do, even on the "instant replacement" insurance. They don't lose out, only you do.
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Poseidon
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PostPosted: 17:15 - 26 Mar 2011    Post subject: Reply with quote

Ingah wrote:
See what Poseidon said about paying extra for their "instant replacement" insurance. Why would you, if they were going to allow you your legal consumer rights anyway?


Meh... I take it mostly for an easy life, but also because they're more amiable to making a deal once they now insurance is going on the sale. I got about 30quid off, which was double what the insurance was. It also means that there's no quibble when it comes to replacement time. I just wander in, show my paperwork and wait for the warehouse monkeys to fetch me a new one, while joe "insurance is a rip-off/scam" public is getting ever redder and redder in the face screaming about the sale of goods act 1979 with amendments, to no avail.

I never pay full price for anything over £100, so to compensate for the sales person losing a little bit of %commish, I figure the insurance is a little boost for them.
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mattd
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PostPosted: 17:42 - 26 Mar 2011    Post subject: Reply with quote

Quote:
Meh... I take it mostly for an easy life


Yeah, and they offer it to you for easy money.

Well, thanks for all the help chaps - there is a lot of conflicting info out there.

I'm not giving up, but definately will not use them ever again.

Like Jon said - I've had the same problem at Argos and Bestbuy and they couldn't be more helpful, instant replace or refund, no quibbles.
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Raffles
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PostPosted: 21:17 - 26 Mar 2011    Post subject: Reply with quote

Ingah wrote:
Also note that if you accept a repair, then you can't later make them refund you even if you end up in that nightmare perpetual cycle of repair - break - repair - break.

If you accept a repair that turns out to be inefective then you still have the right to reject the item and demand a refund.
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Ingah
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PostPosted: 22:48 - 26 Mar 2011    Post subject: Reply with quote

Raffles wrote:
Ingah wrote:
Also note that if you accept a repair, then you can't later make them refund you even if you end up in that nightmare perpetual cycle of repair - break - repair - break.

If you accept a repair that turns out to be inefective then you still have the right to reject the item and demand a refund.

Hmm, as a matter of fact i've been doing more reading around, and whilst i'm confident that's what i originally read somewhere, i'm no longer 100% confident in that statement as it conflicts with other sources i'm reading now. And as i can't remember the original source and whether it's reliable... i'll edit it out. Now.

Easiest way to check (everything tbh) is to look at the sale of goods act's actual wording. Might do it later, but i'm currently writing an essay, so not now!
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lihp
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PostPosted: 02:58 - 27 Mar 2011    Post subject: Reply with quote

I do quite a bit of professional Photography.

I had a £3000 Digital SLR go faulty about 6 weeks old, I still had to send it to the manufacturer myself, and wait for repair.

Though as a professional photog they are done quicker than normal with hire cameras available. But other camera equipment that I've sent out for repair normally takes a week or so for a straightforward fix.

Infact, before Nikon allowed you to calibrate lenses to to the body yourself in menus, I was regularly sending 8k+ worth of BRAND NEW equipment back to the manufacturer to have calibrated with each other.

When you drop the camera off with PCWorld/Curry's they will send it to Samsung for you, and will cover postage, and then you pick it up from the store, saving you convenience. They could quite easily just direct you to Samsung site, and tell you to sort it yourself.
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lihp
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PostPosted: 03:06 - 27 Mar 2011    Post subject: Reply with quote

Ingah wrote:
Take advice imo, and persue the small claims route. They won't turn up.


Because Small claims court will be far quicker than a 2 week repair?
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MarJay
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PostPosted: 12:28 - 27 Mar 2011    Post subject: Reply with quote

As far as the sale of goods act is concerned the contract of sale is with the shop that sold the item, not the manufacturer.

Therefore any action taken to sort the problem should be taken by the shop. If the shop sends it back to the manufacturer for repair then fair enough.

If the repair is not of satisfactory quality, then you may demand a replacement or refund, but unfortunately you do need to give them the opportunity to sort the problem out first before you do that.
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Phoenix
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PostPosted: 16:28 - 27 Mar 2011    Post subject: Reply with quote

Indeed, PhilDawson, you gave whichever shop you bought your kit from £3000 and they turned you to the manufacturer when you needed after sales assistance. You think that's acceptable (not to mention legal), how much do you think that kit would cost direct from the manufacturer? Probably about £1200 maybe, you pay the distributor a huge wedge more because they are supplying you with after care and putting stuff in a shop for you to look at, they aren't just a middle man passing a package along and nothing more Rolling Eyes With £3k to spend on kit i'd have thought you'd be a bit more savvy.
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Al
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PostPosted: 16:52 - 27 Mar 2011    Post subject: Reply with quote

I wouldn't have thought you would get the item much cheaper from the manufacturer, Currys, Comet ect do because they probably order 20,000 every order.

When my Samsung oven went wrong (3 months old) I phoned up Samsung and they set out an engineer (sub contractor) within a few days to fix it. I know I could have probably gone though Currys under the sale of goods act or whatever but why would I bother when it has a two year manufacturer guarantee and they are going to be the ones fixing it anyway.
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iooi
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PostPosted: 17:49 - 27 Mar 2011    Post subject: Reply with quote

Ingah wrote:
If you have paid over £100 for your goods via credit card you can hold both the trader and the credit card company liable for any breach of contract under Section 75 of the Consumer Credit Act. The credit card is jointly and severable liable which means that you don’t have to go to the trader first to make your claim, however in practical terms speaking to the trader may be the quickest way to get your problem resolved. To write a letter to your credit card company claiming a refund for faulty goods click here for a template."


And chance of that working are next to none....

You have to prove breech of contract by the retailer. Prove that you have attempted to resolve with the retailer. And given that they have offered to fix the problem. You can guess how far you will get.
As you say 2 weeks to fix is nothing compared to how long it can drag on when trying a CCA claim.
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Phoenix
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PostPosted: 18:58 - 27 Mar 2011    Post subject: Reply with quote

Al wrote:
I wouldn't have thought you would get the item much cheaper from the manufacturer, Currys, Comet ect do because they probably order 20,000 every order.


I didn't say you could order it directly from the manufacturer, only trades can do that and depending on the item you'll need to order certain quantities and price falls accordingly.

What I said is that the retailer is pay a fraction of the retail price per unit to the manufacturer and the markup includes the responsibility of taking on customer service for what they sell, they cannot just sell stuff for profit and then wash their hands of it.
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lihp
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PostPosted: 20:07 - 27 Mar 2011    Post subject: Reply with quote

Phoenix wrote:
Indeed, PhilDawson, you gave whichever shop you bought your kit from £3000 and they turned you to the manufacturer when you needed after sales assistance. You think that's acceptable (not to mention legal), how much do you think that kit would cost direct from the manufacturer? Probably about £1200 maybe, you pay the distributor a huge wedge more because they are supplying you with after care and putting stuff in a shop for you to look at, they aren't just a middle man passing a package along and nothing more Rolling Eyes With £3k to spend on kit i'd have thought you'd be a bit more savvy.


Mainly because the manufacturer gives preferential treatment to professional users so I get better care from them and faster turn around.

Also, because rather than waiting a week for a shop to post it, and then go collect. I can get it in next day mail, and have it shipped back to my doorstep 1 week later. The manufacturer is always quicker than going through the middle man (store).

It was my choice to go straight to the manufacturer, to save time and effort, and also avoid a 16 year old kid, cocking it up.
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JonB
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PostPosted: 15:43 - 28 Mar 2011    Post subject: Reply with quote

PhilDawson8270 wrote:


It was my choice to go straight to the manufacturer, to save time and effort, and also avoid a 16 year old kid, cocking it up.

What you mean, like the person who put your £3000 camera together?

What a disgusting attitude to have.
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Fortuna
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PostPosted: 20:31 - 29 Mar 2011    Post subject: Reply with quote

MarJay wrote:
As far as the sale of goods act is concerned the contract of sale is with the shop that sold the item, not the manufacturer.

Therefore any action taken to sort the problem should be taken by the shop. If the shop sends it back to the manufacturer for repair then fair enough.

If the repair is not of satisfactory quality, then you may demand a replacement or refund, but unfortunately you do need to give them the opportunity to sort the problem out first before you do that.

This is spot on.
I also thought PC world were warned by trading standards about their 28 day policy. Seems they don't care.
Their 28 days is in addition to your statutory rights.
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