Camera

[goldrims]

Hi all, I found this site quite informative. however I haven't come across a similar problem to mine. I purchased a camera (£600+) for my son in Oct 2010, the camera was a gift for his birthday in Jan 2011.
The camera developed a fault in Jan 2012. I took it back to the retailer who was helpful at the time and sent it to their repair agents. I have since received a letter from the retailer saying that the manufacturers warranty as lapsed, the camera as been returned to me unrepaired and with a estimate for repair. I have since replied to this letter stating the above and mentioned the SOGA etc, at present I am waiting for a response. My problem is that I have since read that if the item returned is a gift then there are no legal rights, as the rights are with the person who purchased the item. Will I still be within legal rights to claim for repair as I have the receipt and my son lives with me.

 

[Witch consumer]

Where did you find that information? your rights remain the same no matter what the item was purchased for, it is the case that some shops have a returns/exchange policy (in addition to your statutory rights) and if you bought an item for a gift and so could not return it within their policy (say, 7 days) they would not extend it simply because it was a gift.

Your rights remain the same, your contract is with the supplier not the manufacturer and under SOGA, you would expect a camera costing £600 to last longer than 12 (or 15 months)

Even if their reply is negative, you still have the option of going to Consumer Direct or to the small claims court although I think you can only expect a repair.

 

[goldrims]

Hi Witch consumer,

Thanks for your comments, here is where I found the information :
oft.gov.uk/business-advice/treating-customers-fairly/sogahome /sogaexplained]Sale of Goods Act Explained

Under the heading "When someone wishes to return an item they did not buy originally:

When I first took the camera back I explained to the stores sales person and then in the letter I sent, that the camera was a gift for my son.
My concern is that they will say the Camera belongs to my son and that I am acting on his behalf. I still have the receipt and my son still lives with me.

 

[ALewis]

Hi Witch consumer,

Thanks for your comments, here is where I found the information :
oft.gov.uk/business-advice/treating-customers-fairly/sogahome /sogaexplained]Sale of Goods Act Explained

Under the heading "When someone wishes to return an item they did not buy originally:

When I first took the camera back I explained to the stores sales person and then in the letter I sent, that the camera was a gift for my son.
My concern is that they will say the Camera belongs to my son and that I am acting on his behalf. I still have the receipt and my son still lives with me.

Sorry to chirp in here, the camera doesn't 'belong' to your son though, and you need not to mention it was purchased for someone else , you paid for the item with your money, therefore it is yours...
They cannot decide who it belongs to, that would be ludicrous

 

[goldrims]

Hi ALewis,

Thanks for your comments, I will let you know how it goes

 

[Witch consumer]

That section of the OFT Guidance merely explains that the contract is between the customer (who bought the goods) and the supplier, it doesn't exclude the return of gifts, merely points out there is no contract between a supplier and someone who received the item as a gift.

As the purchaser, the contract between you and the supplier still exists and so do your rights under SOGA.

 

[goldrims]

Hi,

update

I sent a letter (recorded delivery) to the manager of the service department of retailer explaining the situation and would like the camera repaired or replaced under the SOGA, I also requested a response within two weeks. After three weeks I had not heard anything so I sent another (including a copy of the first letter) again recorded delivery.
After a week I recieved a letter stating that I needed to prove the camera was faulty when I purchased it, via an independent report. I contacted the retailer and asked if the company I had in mind to inspect and do the report was ok.
Sent the report to the retailer and got a letter back saying they will exchange the camera and refund the report costs.
The camera was exchanged, because they now sell the same camera for a £100 less, they refunded the difference which was completely unexpected, This as turned out to be a very valuable lesson.

I would like to thank those that gave advice

 

[Witch consumer]

Thanks for the update, great result, well done!