Help with my rights under Sales of Goods Act.

[mark306]

Hi everyone,

I would be grateful if someone could let me know my rights as regards to a faulty subwoofer.

I bought a surround sound system back in February. In September the subwoofer started buzzing. I sent it back to the retailer in Mid November. They returned it mid December. The fault is still there.
It was a real hassle getting them to look at it in first place so now I want to write some letters quoting my rights. I understand I may be able to reference the sales of goods act. (I think I paid for this in credit card im in the process of trying to find out)

I have had a look on the trading standards website it seems to suggest you don't have any rights unless the fault was present when you bought the goods.

Any assistance appreciated.

Regards
Mark

[MATTYFEZ]

I think you will be looking at the "unfit for purpose" section, which entitles you to a re-fund or a replacement.

If the buzzing is a common fault, which it seems to be, you should explain to the shop, and ask for a refund.

Note, that subwoofers can be very sensitive to input, and if the amp gain or volume is set too high, or if the input is of low quality then it will result in a hissing noise when nothing is being played.

You should send it back again and request a re-fund, as the fault is still present. what is the make and model of the system if i may ask?

[mark306]

Hi,

The systerm is the Aego T from acoustic energy see here:
aego t system : acoustic energy

To be honest I can't say for sure it's the sub at fault but i've tried a couple of things suggest by the av receiver maker (onkyo) which suggest it is the sub.

Anyhow i'll try and ask for a refund...

Mark

[tasty_tang0]

Hi Mark,

if you did pay for the item with your credit card and it was over £100 then the credit card company are equally liable as the supplier in resolving your claim if you have a case under the sales of goods act. However, getting the credit card company to accept liability can be a pain if the retailer is still trading.

As you only bought your item in Febuary it is the stores responsibilty to correct any faults for the first 12 months from the date of your purchase not the manufacturer.

If you are sure of the dates then it is your right to request a full refund, replacement or repair under the sales of goods act, as the goods were "not fit for purpose".

This site I have added gives you letter templates for making a complaint, and you normally start by giving them 14 days to rectify your complaint, if you don't hear anything within this time send a letter with a 7 day limit. If you don't hear anything after this lodge the complaint with consumer direct and they should report and pass your complaint to trading standards who should assist you by upholding your statutory rights as I have described above.
If the retailer advise you that you are not entitled to a full refund they are breaking the law. It is illegal to refuse a refund back to the customer if the case is genuine!

Hope all goes well.

Tasty_tang0
Oh nearly forgot could you tick my scales if your happy with my input...cheers

Consumer Direct site for sale

[haughj]

Hi Mark, Just wondering did you ever get a resolution to this? While ultimaltely it is the retailers job to fix your problem as you are entitled under your staturiy rights, you could also claim under your guarantee if it is still within the time frame. interested in hearing the outcome, I am doing research in this whole area at the moment.

[mark306]

Hi haughj,

In the end I didn't return it to the retailer I spoke to an engineer at the manufacuter who was pretty informative.
It turns out the buzzing wa being generated by the coaxial cable which connects the Virgin box which in turn connects to the AV receiver.
All the best.
Mark