Pcworld missleading saleperson. Customer services Fob Off

[gyzmo]

Please correct me if I'm wrong, but Soga applies to goods where there is money as consideration in a contract of sale. Where there is an exchange of the item, the supply is no longer for money as consideration, nor is it a contract of sale and so the SGSA would come into effect. At least that's what my lecturer, a former solicitor and Trading Standards Officer taught me. Having looked at the regulations, I cannot see where ny term there introduces anything different. I have heard this mentioned before, but no-one I know actually agrees with it.

[rosiecotton]

That's an interesting point of view and not something that has ever come up in my training or my job.

I would imagine that your rights will continue from the original contract of sale (i.e. the six years would not start over again once the goods were replaced) so therefore there would still have been consideration. That's my initial thought on the matter. I can't check this out at the moment but will run it past a few people when I can.


Incidentally what I was taught (a few years ago now) was that if there was no consideration, the Supply of Goods (Implied Terms) Act would apply.

Originally Posted by blacksheep1979

Also, back to the car example. You are allowed to use other mechanics as long as they use ford recognised parts and techniques in maintaining the car - it won't affect the waranty. If there was a fault in the engine why would you pay to replace it (if covered under waranty) and not take it straight back to the main dealership?

so going to somewhere where they use the manufacturer recognised parts and the manufacturer recognised techniques.

are you saying the manufacturer does not have these parts or skills????
if the manufacturer does have the parts and skills then by your own admission then using the manufacturer as a method of getting it replaced is an option the buyer can use.

ok if the item is then swapped or replaced the seller has to autherise and accept the replacement as part of their contract.

your probably reading this same bit twice from a different thread but it helps to know some retail and manufacturer facts and not only law.

manufacturers contact the retailer informing them of their findings. by law manufacturers have to do this so that they do not affect consumers rights. at this point the manufacturer will inform the seller that they cannot repair the item and either accept the replacement the manufacturer offers thus the seller knowing about the new product keeps the SOGA contract intact. or to get the seller to replace the product from the sellers stock. again keeping the soga contract intact

if going to an independant then realise this.
if the manufactuer does not have the parts to fix it.. the independant wont be able to source it. because where do you think the independant will get them from.....

unless recognised by the seller or manufacturer the independant would not be classed as repairing to a reasonable standard if it went wrong again in the future, thus affecting consumer rights.

so check with the manufacturer or retailer who they recognise FIRST

manufacturers do not affect consumer rights.
call the DTI PLEASE!!!

manufacturers are 100% the independant repair service who should be used for all the reasons above. parts, experience, knowledge, reasonable time, least inconvenient etc etc.

all the retailer does is saves time. all the big retailers need to do is explain its in benefit to the buyer.

if however the buyer refuses to go to the manufacturer then they seller has two options.

if after the 28days have passed since purchase the seller does not have to offer a refund. instead the seller has to offer a replacement or an alternative repair method. the case in retail is that the head office need to be informed so that consumers rights are kept intact.
the contract is with the company not the salesguy. so head office need to be contacted with a remedy.

the local store/sales guy does not have authority. the head office does. thats why complaining to the manager at the store wont get you anywhere. as he does not have the authority head office do.

so as with many posts going into the store and acting like a 5yo having a tantrum will get you no-where. contact head office FIRST is the best option.
again they will offer you to go via manufacturer as it is the fastest, and easiest and least inconvenient solution for the buyer. if the buyer refuses this then head office can then offer a replacement. if the buyer refuses this then there needs to be a good reason why a refund should be offered.

and it is not legal to ask for a refund just because the buyer is unhappy, without allowing the seller to repair or replace.

but yea as good customer service the retailer normally gives in and allows a refund. just to shut the 5yo up.

[patdavies]

Originally Posted by retailpointofview

manufacturers are 100% the independant repair service who should be used for all the reasons above. parts, experience, knowledge, reasonable time, least inconvenient etc etc.

You keep quoting this nonsense as though it is some sales mantra. It is simply untrue. PCWorld may avail themselves of the manufacturer for repairs, but not the rest of DSG - they use another third party - Homeserve.

Even where DSG use the manufacturer, it is entirely possible that the manufacturer will use a third party. Any HP certified company/engineer can do HP warranty work on an advance exchange basis for parts and an invoice basis for labour.

Also, what does the retailer do once the manufacturer warranty has expired - they can still be liable for repairs - the manufacturer is not and may not provide any further support whatsoever?

Originally Posted by retailpointofview

the local store/sales guy does not have authority. the head office does. thats why complaining to the manager at the store wont get you anywhere. as he does not have the authority head office do.

The internal policies of the retailers are completely irrelevant to the customer. In truth, the retailer's policies and training should be changed in order that the local store can deal with such matters. Other retailers can manage this - if I buy something faulty from Tesco, I return it to the local store less than a mile away - they don't tell me I should contact Head Office in Cheshunt - in fact, I would think that HO might be a little confused if consumers did this. Tesco expect the local store to manage this.

BTW, it wouldn't hurt if such training also included correct details about how the SoGA gives consumers rights well beyond the 12 month manufacturer warranty.

Originally Posted by retailpointofview

so as with many posts going into the store and acting like a 5yo having a tantrum will get you no-where.
AND
as good customer service the retailer normally gives in and allows a refund. just to shut the 5yo up.

You seem to contradict yourself a little there....

[gyzmo]

Originally Posted by rosiecotton

That's an interesting point of view and not something that has ever come up in my training or my job.

I would imagine that your rights will continue from the original contract of sale (i.e. the six years would not start over again once the goods were replaced) so therefore there would still have been consideration. That's my initial thought on the matter. I can't check this out at the moment but will run it past a few people when I can.


Incidentally what I was taught (a few years ago now) was that if there was no consideration, the Supply of Goods (Implied Terms) Act would apply.

Thanks Rosie, that would help me - get a feeling I might have misunderstood my lecturer