28 day faulty goods

[gilesb]

Hi Guys,

 

Hope everyone is well today.

 

If anybody has a spare second i was wondering if you could help me with something.

 

I purchased a piece of DJ hardware and software on the 12th of December and the hardware is now up playing and not working properly.

 

So i called the shop i bought it from in London and they said because it had software with it they would not return it as it is against their company rules to return software. They also said that to exchange/repair the hardware i had to send it into them and they would send it on to the manufacturer to confirm the fault then once that had happened I could either get a credit note or exchange. Which could take 2-4 weeks. This obviously leaves me without the product that i need for my work DJing this weekend and the possibly the following 3 weeks after. Im a bit shocked by all this if im honest, i spent nearly £500 on this product and now its gone faulty within 3 weeks and they say because they cant take my word for it they need to send it to the manufacturer for 2-4 weeks, is this right? I feel pretty hard done by.

 

Appreciate anybody who can help, thank you.

 

Giles

[gyzmo]

If you're a DJ I take it is as a business. As such you will not be afforded the rights given to goods bought as a consumer. You could try claiming loss of business or expenses, but that is something that will take time.

 

If you have bought this as a consumer - not as or for a business, then you have the ful protection. However, can you just clarify when you actually bought it? You said December the 12th - did you mean November?

[gilesb]

Thanks for the response, Im just a part time DJ on weekends, so didnt buy it as a business. More of a hobby i still need something to dj with tho as i play quite regularly.

 

Sorry, yes i meant November. What do you mean by the full protection, sorry im not to up on the retail returns side of things?

[gilesb]

If you have bought this as a consumer - not as or for a business, then you have the ful protection.

 

 

Can anybody provide a link to some information where i can check what protection i have as a buyer please?

 

Im going to go into the shop tomorrow to talk to the manager.

 

Thanks

 

Giles

[gyzmo]

Well, as a consumer, you have the right to reject the goods if you have not accepted them. I think though you will have so doubt that will be an option.

 

As such, there is part 5A of Sale of Goods Act which requires sellers to provide a repair, replacement or refund in that order depending on convenience and proportionateness.

 

It is for them to prove that the item is NOT faulty - not for you to prove that it is. As such they do have the right to test it but it is inconveniencing you.

 

You could ask the shop to test it there and then, or ask for a replacement. Otherwise it would be a case of claiming losses in court.

 

On saying all of that, take heed to what I say about being a business or not. If you have bought the items with an element of profit in mind or where you are acting in the course of a business then you will NOT have the full protection.

 

It is a matter of fact as to whether or not you are acting in the course of a business - it is not a case not being a business just because you say so. As such, if this goes to court, it is possible that they will say you are not acting as a consumer. If I were acting for a seller in court, that would be what I would put forward (thankfully I have some moral decency and therefore would not act for corporations!)

 

 

Good luck.

[gilesb]

Hi Gyzmo,

 

I managed to get a full refund in the end after arguing with the manager for an hour.

 

Thank you for your time and your help on this, it is much appreciated.

 

Kind regards

 

Giles

[gyzmo]

Glad you got it.

 

Pleae dont take my comments about not being a consumer as being ar**y, I only feel the need to point out potential embuggerancers. I think legally the shop done more than they had to. Morally, I think you got what you deserved.

 

Good luck with th DJ-ing

[gilesb]

Hi Gyzmo,

 

I didnt take them that way at all, i appreciate all your help and the fact that you took the time to respond.

 

Thanks once again.

 

Giles