Gifts

david howkins

New Member
Oct 27, 2009
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0
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Hi,

Am posting under technology as my question relates to a Digital SLR camera that has developed a fault after 7 months, although my question relates more generally to the sale of goods.

My father in law purchased the camera on behalf of my family and it was presented to me for my birthday.

Now that it has a problem that needs taking up with the retailer, who has to do this? Is it me or do I have to ask my father in law to go through the discussions with the retailer?

Many thanks.
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hello again,

As you are not party to the contract your father-in-law needs to make the claim under the Sale of Goods Act. Rights can be transferred with a gift receipt, but people often do not ask for these.

Tony
 

david howkins

New Member
Oct 27, 2009
3
0
0
Tony - Understood. Many thanks.

Can I trouble you with a final question related to this one?

I phoned the retailer today. Explained who I was and that I was calling on behalf of my father-in-law and had the faulty camera.

It's auto focus is failing and the lens makes a horrible clicking, grinding noise as it tries to 'auto focus'. The camera cost £300 and is just under 7 months old (purchased on 29th March).

The first thing the (very friendly) customer service chap told me was that it could be repaired 'under warranty' and I could send it to Sony for this. I explained that as the contract was with them (the seller) that I'd prefer to send the camera back to them.

I was put through to another chap who at first said I'd have to 'bring it in' to their shop in London. I said I needed to send it as I didn't live in London. Then he gave me address details and told me to send it in with copies of the paperwork (which I have) and they would 'get it repaired under warranty'.

So, I do plan to send it back to them recorded delivery, but I am slightly unhappy that they seem to think they will just get it repaired under the Sony warranty. Is this right? I thought that the warranty with the manufacturer was in addition to any obligations that the seller has?

So, when writing my covering note, are there any specific words or phrases I should use to be clear that I am sending it back under the terms of the sale of goods act? Should I give them a set time to resolve the problem? How long ? 14 days? And also can I tell them that I expect reimbursment of the postage costs?

Grateful for your expert help.

Many thanks
David
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hi David,

Whether you send it to Sony or to the shop the end result will be the same - hopefully. Your statutory rights will not be affected.

With a SOGA claim the retailer can insist on an engineer's report proving that the item has an inherent fault if it is more than six months after purchase. With a warranty claim this is not required.

With a SOGA claim you should not be out of pocket and can claim back direct expenses i.e. postage. You cannot do this with a warranty unless it is in the terms.

Hope this helps

Tony

PS This is a completely different product, but covers practically every situation:

Faulty Playstation 3 Rights | Consumer Information