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PC World and My rights

  • 10-10-2009 9:34pm
    #1
    jimmyendless
    Registered Users, Registered Users 2 Posts: 631 ✭✭✭


    Hi All,

    Bought a camera from PC world in June and it has been acting up for a while. The telescopic lens thingy comes out half way and gets stuck and then turns itself off and I have to take out the battery. Happened rarely at the start but then started happening all the time and the camera was unusable.

    So went into PC world today and said I wanted my money back. Yer man told me that I can only get my money back within the 28day cooling off period. Then I said that I thought that was if you wanted to give it back for no reason and he said that if there was a defect in the first 28days I would get a refund otherwise I can only get a credit note/select a different camera.

    Then he tells me that he thought it was a different camera and that I have to wait up to 28days for them to send the camera back to the manufacturer and if it can be fixed it will be and will be sent back to me and if it can't be fixed then I will be allowed to select a different camera.

    I not very happy with this service, it is all legit?


Comments

  • #2
    Antigone05
    Registered Users, Registered Users 2 Posts: 513 ✭✭✭Antigone05


    if the camera is faulty it is to the retailer to either , repair, replace or refund.

    normal retailing procedure is to send the unit away for repair if its over 28 days. if the unit was faulty between the 1st and 28th day usualy a new unit would be given.


    if the camera cant be fixed, a new one will be given, again standard procedure.


    the retailer is doing everything right as to consumer laws etc..

    i hope you didnt snap at the sales guy!


    also note that extended lens errors occur alot of the time from physical damage e.g being dropped or knocked. im not saying you did, but that is its main cause.

    hope this helps


  • #3
    jimmyendless
    Registered Users, Registered Users 2 Posts: 631 ✭✭✭jimmyendless


    Antigone05 wrote: »
    if the camera is faulty it is to the retailer to either , repair, replace or refund.

    normal retailing procedure is to send the unit away for repair if its over 28 days. if the unit was faulty between the 1st and 28th day usualy a new unit would be given.


    if the camera cant be fixed, a new one will be given, again standard procedure.


    the retailer is doing everything right as to consumer laws etc..

    i hope you didnt snap at the sales guy!


    also note that extended lens errors occur alot of the time from physical damage e.g being dropped or knocked. im not saying you did, but that is its main cause.

    hope this helps

    I didn't snap at anyone and don't like that you implied that I did. And it started acting up not long after the purchase. What I don't like is that I'm out of a camera for a month, don't have the money to buy another one and it not I fault that the camera is faulty. Well if that's the standard procedure its not great.


  • #4
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    Sorry to tell you, but everything Antigone05 told you is correct. It is up to the shop to sort it out. They decide what happens, not you.

    They have sent it off to the manufactures to be looked at. This is normal.

    Dont have a pop at Antigone05 about his comment about "hoping you didnt snap at them".

    Unfortunatley, a lot of people do attack the staff as they think they have more rights than they do. He was not implying you did it, just hoping you didnt.

    See what happens. You have no choice about waiting for it to come back. Yes, you are without a camera, but short of a goodwill gesture, you will have to wait.


  • #5
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Antigone05 wrote: »
    the retailer is doing everything right as to consumer laws etc..

    Not really. They talk about 28 day cooling off, after which you're not entitled to a refund for a broken product, which is bollox. There is no such period in law. They also mention credit notes after this 28 days, which again is nonsense. The law never gives the retailer the right to offer a credit note, and a consumer does not have to accept it.

    That said, offering a repair is withing their rights to do, and they are fulfilling their obligations by offering it. The consumer doesn't have to accept, but would need good reason to refuse.

    If the camera can't be repaired, you're entitled to a replacement or refund, and the replacement should be of equal or greater value to the original one. If they start offering one of lesser value, or a credit note in lieu of a cash refund, then refuse.


  • #6
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    superscouse wrote: »
    Sorry to tell you, but everything Antigone05 told you is correct. It is up to the shop to sort it out. They decide what happens, not you.

    Not true. The consumer always has the right to refuse what the retailer offers. It doesn't mean the consumer will win, but the retailer is not in control of what choice is made. A judge would have the final say.


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  • #7
    jahalpin
    Registered Users, Registered Users 2 Posts: 1,031 ✭✭✭jahalpin


    Why didn't you bring the camera back when you first noticed the fault, rather than a few months later?

    If you had brought the camera back to the shop then, they would have replaced it or refunded you.

    Bringing the camera in a few months after you bought it makes the fault seem more like accidental damage (which is not covered by the warranty) than manfacturing defect (which is covered by the warranty)

    If the shop were to replace or refund the product and it turned out that the fault was due to accidental damage then the manufacturer would not replace the product for them and would lose the cost of the item


  • #8
    ScouseMouse
    Closed Accounts Posts: 5,070 ✭✭✭ScouseMouse


    Just looked that up on consumerdirect and you are quite right.

    If the OP refuses the repair and the replacement, he can demand a refund but may have to go to the small claims court to get it.

    One way or another, he will end up waiting - unless he gets a friendly manager who just gives him his money back!


  • #9
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    Best course of action is to take the repair, and give them the 28 days they say they need, but if after 28 days you get no camera back, then insist on a suitable replacement or a full refund. Not taking the repair right now is going to take a long time to sort out anyway, as Small Claims procedures are not instant, and you would be in no way guaranteed a win.


  • #10
    Slippin Jimmy
    Registered Users, Registered Users 2 Posts: 6,033 ✭✭✭Slippin Jimmy


    Best thing to do is to go into their store, ask for a manager, explain the situation. If you don't get the answer you want bring them to the samll claims court. €15 well spent against these ****!


  • #11
    Kensington
    Closed Accounts Posts: 3,683 ✭✭✭Kensington


    Duffff-Man wrote: »
    Best thing to do is to go into their store, ask for a manager, explain the situation. If you don't get the answer you want bring them to the samll claims court. €15 well spent against these ****!
    The SCC doesn't necessarily rule in the consumer's favour all the time. It's aim is to come to a resolution that is reasonable. They'd want a damn good reason why you (well, the OP) feel you're entitled to a full refund on a 4 month old camera, on the first fault incident, before they take on the case. They may well rule in the favour of the shop, and throw out your case and you may not get your €15 back either...


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  • #12
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,536 Mod ✭✭✭✭Cabaal


    Kensington wrote: »
    The SCC doesn't necessarily rule in the consumer's favour all the time. It's aim is to come to a resolution that is reasonable. They'd want a damn good reason why you (well, the OP) feel you're entitled to a full refund on a 4 month old camera, on the first fault incident, before they take on the case. They may well rule in the favour of the shop, and throw out your case and you may not get your €15 back either...

    Agreed, allowing them to repair it first is reasonable, if however you go in demand a replacement and then goto small claims then this makes you the consumer look unreasonable and you'll likely be ruled against


  • #13
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    jimmyendless wrote: »
    Hi All,

    Bought a camera from PC world in June and it has been acting up for a while. The telescopic lens thingy comes out half way and gets stuck and then turns itself off and I have to take out the battery. Happened rarely at the start but then started happening all the time and the camera was unusable.

    So went into PC world today and said I wanted my money back. Yer man told me that I can only get my money back within the 28day cooling off period. Then I said that I thought that was if you wanted to give it back for no reason and he said that if there was a defect in the first 28days I would get a refund otherwise I can only get a credit note/select a different camera.

    Then he tells me that he thought it was a different camera and that I have to wait up to 28days for them to send the camera back to the manufacturer and if it can be fixed it will be and will be sent back to me and if it can't be fixed then I will be allowed to select a different camera.

    I not very happy with this service, it is all legit?

    argos are telling the same lies to their customers as i experienced recently here

    the best thing is let them repair it as this is what is considered reasonable but they must repair it in a reasonable timeframe and the repair should be permenant and your camera should not come back looking like it has been dragged along the ground all the way from the repairers!


  • #14
    Soundman
    Registered Users, Registered Users 2 Posts: 2,593 ✭✭✭Soundman


    foggy_lad wrote: »
    argos are telling the same lies to their customers as i experienced recently here

    the best thing is let them repair it as this is what is considered reasonable but they must repair it in a reasonable timeframe and the repair should be permenant and your camera should not come back looking like it has been dragged along the ground all the way from the repairers!

    I would say that permanent is a bit far fetched foggy. To expect it to be permanent is saying that it will never fail again which is unreasonable to assume. The repair should last a reasonable duration and should have some form of guarantee on the work done.


  • #15
    foggy_lad
    Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    Soundman wrote: »
    I would say that permanent is a bit far fetched foggy. To expect it to be permanent is saying that it will never fail again which is unreasonable to assume. The repair should last a reasonable duration and should have some form of guarantee on the work done.
    the law is clear on repairs being permenant so i will stick with what i posted. by permenant they most likely mean that if the same fault occurs again you are entitled to a different form or redress instead of repair which has been tried and failed!

    many repair places including but not limited to mobile repair shops claim to give a 90day guarantee on repairs but this usually has nothing to do with the consumer as they are usually getting the product repaired due to faults in workmanship or because goods were not fit for purpose etc(using their statutory rights) which can not be superceeded or taken by any third rate/party warranty so these 90day/3month repair warranties rarely apply to nromal consumers

    the same applies to any repair as the original item must be reasonably durable and if repairs keep failing then it is not and a refund or replacement would be a legal entitlement for the consumer.

    if you get a motor or pump replaced in a washing machine that is a few months old by your reasoning it is reasonable to have to get the exact same repair carried out every 90days until the machine is past its normal useable life95-8years)


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