Is this reasonable?

I took delivery of a DVD player last Tuesday. (from a major uk component
supplier) I was unable to test it until saturday, and it has an intermittent
fault where the front buttons sometimes work and sometimes don't (they work
about 20% of the time). There is an LED on the front which sometimes comes
on (the power LED). When this is on the buttons work and vice versa), Giving
the player a gentle tap sometimes brings the light on - it appears to havre
a loose connection inside. Also it has intermittent sound, and on one
occasion it just sat there putting the DVD tray in and out.for no reason.

In short this DVD player is completely useless and has been ever since it
was received.

My question is...what are my consumer rights? I have been given an RMA
number, but was told I could not return is under distance selling
regulations, and was told that they could only guarantee a 28 day turn
around - which for an item that was broken the second it was switched on is
unacceptable.

Also does anybody know of a good sub £100 DVD player with VGA out to replace
this one?

"Dave Hammond" wrote in message
...
I took delivery of a DVD player last Tuesday. (from a major uk component
supplier) I was unable to test it until saturday, and it has an
intermittent
fault where the front buttons sometimes work and sometimes don't (they
work
about 20% of the time). There is an LED on the front which sometimes comes
on (the power LED). When this is on the buttons work and vice versa),
Giving
the player a gentle tap sometimes brings the light on - it appears to
havre
a loose connection inside. Also it has intermittent sound, and on one
occasion it just sat there putting the DVD tray in and out.for no reason.

In short this DVD player is completely useless and has been ever since it
was received.

My question is...what are my consumer rights? I have been given an RMA
number, but was told I could not return is under distance selling
regulations, and was told that they could only guarantee a 28 day turn
around - which for an item that was broken the second it was switched on
is
unacceptable.

Also does anybody know of a good sub £100 DVD player with VGA out to
replace
this one?


You have 7 days under DSR. Youve notified them within 7 days so you are
covered by DSR - as well as normal law because its faulty.
The fact its faulty means they also have to pay the cost of the return or
must arrange
collection if you insist, if it wasnt faulty you would have to pay this

"Steve Naïve" wrote in message
...
"Dave Hammond" wrote in
:

I took delivery of a DVD player last Tuesday. (from a major uk
component supplier) I was unable to test it until saturday, and it has
an intermittent fault where the front buttons sometimes work and
sometimes don't (they work about 20% of the time). There is an LED on
the front which sometimes comes on (the power LED). When this is on
the buttons work and vice versa), Giving the player a gentle tap
sometimes brings the light on - it appears to havre a loose connection
inside. Also it has intermittent sound, and on one occasion it just
sat there putting the DVD tray in and out.for no reason.

In short this DVD player is completely useless and has been ever since
it was received.

My question is...what are my consumer rights? I have been given an RMA
number, but was told I could not return is under distance selling
regulations, and was told that they could only guarantee a 28 day turn
around - which for an item that was broken the second it was switched
on is unacceptable.

Why are they refusing to accept it under DSR?

He said that DSR was so that people could look at items like they would in a
shop, and if it was not what they thought it was they could send it back,
and that it did not cover faults - these had to go through the RMA process.
I am no expert, but this did not seem correct. Anybody confirm or provide a
link?

"Ant C" wrote in message
...

"Dave Hammond" wrote in message
...
I took delivery of a DVD player last Tuesday. (from a major uk component
supplier) I was unable to test it until saturday, and it has an
intermittent
fault where the front buttons sometimes work and sometimes don't (they
work
about 20% of the time). There is an LED on the front which sometimes
comes
on (the power LED). When this is on the buttons work and vice versa),
Giving
the player a gentle tap sometimes brings the light on - it appears to
havre
a loose connection inside. Also it has intermittent sound, and on one
occasion it just sat there putting the DVD tray in and out.for no
reason.

In short this DVD player is completely useless and has been ever since
it
was received.

My question is...what are my consumer rights? I have been given an RMA
number, but was told I could not return is under distance selling
regulations, and was told that they could only guarantee a 28 day turn
around - which for an item that was broken the second it was switched on
is
unacceptable.

Also does anybody know of a good sub £100 DVD player with VGA out to
replace
this one?


You have 7 days under DSR. Youve notified them within 7 days so you are
covered by DSR - as well as normal law because its faulty.
The fact its faulty means they also have to pay the cost of the return or
must arrange
collection if you insist, if it wasnt faulty you would have to pay this


Is it seven days from when I order, or from when I receive it? is it seven
clear days? What haooens if I decide I don't want it on a Saturday, but
their phone lines are closed until monday and this means it is now 8 days?

"Dave Hammond" wrote in message
...

"Ant C" wrote in message
...

"Dave Hammond" wrote in message
...
I took delivery of a DVD player last Tuesday. (from a major uk
component
supplier) I was unable to test it until saturday, and it has an
intermittent
fault where the front buttons sometimes work and sometimes don't (they
work
about 20% of the time). There is an LED on the front which sometimes
comes
on (the power LED). When this is on the buttons work and vice versa),
Giving
the player a gentle tap sometimes brings the light on - it appears to
havre
a loose connection inside. Also it has intermittent sound, and on one
occasion it just sat there putting the DVD tray in and out.for no
reason.

In short this DVD player is completely useless and has been ever since
it
was received.

My question is...what are my consumer rights? I have been given an RMA
number, but was told I could not return is under distance selling
regulations, and was told that they could only guarantee a 28 day turn
around - which for an item that was broken the second it was switched
on
is
unacceptable.

Also does anybody know of a good sub £100 DVD player with VGA out to
replace
this one?


You have 7 days under DSR. Youve notified them within 7 days so you are
covered by DSR - as well as normal law because its faulty.
The fact its faulty means they also have to pay the cost of the return
or
must arrange
collection if you insist, if it wasnt faulty you would have to pay this


Is it seven days from when I order, or from when I receive it? is it seven
clear days? What haooens if I decide I don't want it on a Saturday, but
their phone lines are closed until monday and this means it is now 8 days?


7 working days from when you receive it.

"Dave Hammond" wrote in message
...

"Steve Naïve" wrote in message
...
"Dave Hammond" wrote in
:

DSR - covers unused goods only

but under the Sale of Goods Act they are obliged to replace or refund and
item inside, I believe, 28 days from purchase and then up to six months must
repair to 'as new' condition.

Also inside the first 6 months they are responsible for postage costs..

"EBuyerdotcon" wrote in message
...
On Mon, 7 Jul 2003 14:09:27 +0100, "Dave Hammond"
wrote:

I took delivery of a DVD player last Tuesday. (from a major uk component
supplier)

A mustek one from ebuyer par chance?


EBuyerdotcon "Made the wrong choice, didn't you?"
www.ebuyerdotcon.co.uk

Sorry, but no!

Bagpuss wrote:

On Mon, 07 Jul 2003 15:39:20 +0000, "Andy Jeffries"
wrote:

On Mon, 07 Jul 2003 15:06:51 +0100, Bagpuss wrote:
He said that DSR was so that people could look at items like they would in a
shop, and if it was not what they thought it was they could send it back,
and that it did not cover faults - these had to go through the RMA process.
I am no expert, but this did not seem correct. Anybody confirm or provide a
link?

They are pretty well correct. The problem is that you said its faulty
and wish to return it, thats probably why they are saying you can't
use DSR.

And why would you want to? If you return it under the DSR you pay for
postage, if you return it under the SSGA they pay postage. It's faulty so
a rejection under the SSGA/SOGA applies.

Exactly thats the point. "but was told I could not return is under
distance selling regulations"..."He said that DSR..."

Its not fit for puropose after reasonable amount of time to inspect so
he can just reject it as faulty. But he is still reasonably right
about DSR in that its not for returning faulty goods but for
mis-purchased stuff.

OK this may be so, but RMA often leads to repair or replacement. How do
you then reject goods that are obviously faulty on arrival. This used
to be an optional right, in fact I have once done it myself when a new
monitor flashed over within a few days.

On Mon, 07 Jul 2003 15:16:38 +0100, consume247.com wrote:
DSR - covers unused goods only

but under the Sale of Goods Act they are obliged to replace or refund and
item inside, I believe, 28 days from purchase and then up to six months must
repair to 'as new' condition.

Also inside the first 6 months they are responsible for postage costs..

Nah...

For up to 6 years after purchase (depending on a reasonable person's
expectaction of durability of the item given the price paid) they have to
compensate you for it failing.

For up to 6 months, if the item fails it is taken to have failed upon
delivery (unless the supplier can prove otherwise) and it must be
repaired/replaced at the customer's discretion within a reasonable
timescale. If it is financially infeasible to do this or doesn't take
place with a reasonable timescale, then a refund or partial refund can
take place.

There is nothing else about 6 months and nothing about 28 days in the sale
of goods act.

I would say to the OP, that the DSR do not apply (you haven't received it,
examined it and decided to reject it), but the SOGA and SSGA do. You have
received the item and found (within a reasonable time) that it does not
conform to the contract and are rejecting it under the Sale and Supply of
Goods Act 1994, specifically because they fail to meet the criteria for
the "Implied term about quality" stated in that act, namely:

1.2B.a) fitness for all the purposes for which goods of the kind in
question are commonly supplied,

Just state this and that the item is available for collection (or they can
send you the funds to cover postage).

You are well within your rights to expect a full refund in this case.
Getting it might take a bit of a fight (few stroppy letters/phonecalls).

Cheers,


Andy

On Mon, 07 Jul 2003 15:06:51 +0100, Bagpuss wrote:
He said that DSR was so that people could look at items like they would in a
shop, and if it was not what they thought it was they could send it back,
and that it did not cover faults - these had to go through the RMA process.
I am no expert, but this did not seem correct. Anybody confirm or provide a
link?

They are pretty well correct. The problem is that you said its faulty
and wish to return it, thats probably why they are saying you can't
use DSR.

And why would you want to? If you return it under the DSR you pay for
postage, if you return it under the SSGA they pay postage. It's faulty so
a rejection under the SSGA/SOGA applies.

Some
places don't even alow you to open the box and treat it more as a
contract "cooling off" period.

Remember though it's not up to them how to apply the law. The spirit of
the law is that it is to give you the same rights as if you purchased it
in a shop. I don't know of a shop that wouldn't remove the item from the
box to show it to a customer before purchase.

Personally, I'd take it to the County Courts if needed....

Cheers,


Andy