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I Pod Touch/ Not As Described


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well i got an i pod touch today.

 

currys had it advertised with a decent head set in the window.

 

i went in and left with it in my pocket.

 

when i got home and opend it, it had the old style head phones.

the ones with out the volume controll on the lead.

 

i returned to currys and asked for an replacement for which the response was

 

how are we to know what was supposed to be in the box.

 

rather than get into an argument i said i would be complaning to dixons store group.

 

what law are they breaking

 

trade discription or sale of goods

 

i need to fire a letter off to them quoting chapter and verse.

 

i am just angry why the just did not pull a set of head phones off the shelf and give me them rather than sod off

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What were the headphones actually described as? Do you still have a copy of the advertisement?

 

As a consumer use the Sales of Goods Act 1979 (As amended) S13 (1)

 

(1) Where there is a contract for the sale of goods by description, there is an implied term that the goods will correspond with the description.

 

(1A) As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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Have you used the ipod yet? What they have done it seems is use an iPhone stock image instead of an iTouch one. You seem to be going the correct route with sending a letter to head office, just mention you only want the headphone in the image (rrp 19.99 iirc). The other info is in my post above.

Ex-Retail Manager who is happy to offer helpful advise in many consumer problems based on my retail experience. Any advise I do offer is my opinion and how I understand the law.

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Have I missed something? The cost of the product was £149 - they say there is a gift card... did you get this? The headphones shown seem to be the style supplied with the iphone - and not with the model you actual had.

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According to Apple's website the 8GB iPod Touch comes with 'ordinary' headphones, whilst the 32GB and 64GB versions have the newer headphones with volume control and mic for the Voice Control & Voice Memo apps (that aren't on the 8GB version).

 

The Currys poster is clear that the offer relates to the 8GB iPod Touch, but the image is of a 32GB or 64GB iPod.

 

The image is part of the description, and so the item supplied is not as described because the image shows a different iPod. It could also be misleading trading as defined in CPUTR.

 

One for Trading Standards, I think.

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Trading Standards...? And what will that achieve to assist the OP?

 

The image can be taken to be an 'illustration' and whether by accident or design, the consumer still has the right to immediately return the item with the complaint for a full refund. There is no possibility of holding out or the pair of headphones depicted. Also, you can bet the small print (which I cannot read on this image) will have loads of terms to protect them.

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No such thing! :)

 

If relevant, it would be the Advertising Standards Authority - even then, the advert would need to have been broadcast or published - a window sign is not covered, neither is their own website.

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  • 2 weeks later...

well ime bringing this thread to a close as Ive a result

 

sent dsg two emails which met with a sod off reply

 

sent them a 14 day letter before action with costs,

quoted cputr

sale of goods act etc etc

 

got a reply

 

dsg are sending me a fifty quid voucher quoting

administrative error in the poster

 

yeh right

busted more like

 

so alls well that ends well

 

just never take no for an answer

 

even dsg are not that stupid to risk a court claim over a set of head phones worth twenty quid

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