Broken product. What are my rights.

[joulin]

Finally I bought myself a telescope via the internet. The Skywatcher Skymax127 Synscan Goto. The scope is excellent, but the tripod is worthless. After a few weeks one of the bindings broke. I contacted the Ebay seller, Photo Express Lakeland in England. They said the product is still under warrant. But instead of helping me (refund, new tripod or another solution), the only thing they did was to forward my e-mail to the dealer in England. Optical Vision.

 

That was a few weeks ago, still no response (I live in Holland). Photo Express lakeland does not answer my e-maisl anymore, Optical Vision never answered. I have also send an e-mail to the manufacturer, Skywatcher in the USA. No response...

 

What am I to do now? What are my rights

[version302003]

I believe your problem is with the seller not the dealer. If you paid using paypal could you not open a dispute using the dispute resolution service?

 

As you live in holland I'm not sure what else you can do as I think you have to be resident in the UK to file a claim (but I could be wrong).

[joulin]

Well, I also think my problem is with the seller. I paid using Paypal, but one has to open a dispute within 45 days. The tripod broke just after a little more than a month. And the first two weeks or so, the seller still seemed helpful. So I wasn't really thinking of opening a dispute...I contacted Paypal but they said I am too late now.

 

I don't know now what my rights still are. In one of his first mails the seller wrote that the product was still under warrant. But when I became annoyed (because the only thing he did was forwarding my mails to the manufacturer) he stopped answering me...

[Chris_w]

Subbing

[Chris_w]

Hi Joulin

I'm glad you took my advice by joining this forum

I've had a look around and found a letter you can send. It was written by Bookworm for a similar problem to yours, and I've amended it as best as I can to fit your situation.

Just fill in the parts required and send it off.

 

 

 

 

 

Dear Sir/Madam,

 

I purchased a Telescope [ make model etc] from you [name of company] on [date]. The conection to the trypod failed on [date]. On contacting you, you refered my complaint to the dealer [name] I have had no reply or contact from the dealer and you have refused to respond to several of my emails

 

I have now been made aware of my statutory rights under SOGA 1979 (as amended) and know that my contract is in fact with YOU, the retailer, and that it is YOUR responsability to repair, replace or refund this faulty Telescope. Furthermore, as the Telescope failed long before 6 months from purchase had passed, the item was deemed inherently faulty and the burden of proof lies with you should you wish to dispute this.

 

With this in mind, I expect you to arrange collection of the Telescope and sending it off for repair at no cost to myself. Failing that, I will accept a replacement or refund.

 

Yours etc...

Edited March 18, 2009 by Chris_w

[joulin]

Well, what can I say? Thanks a lot for your help. I think I wil change the last part somewhat (collection of the tripod is out of the question, because I live in the Netherlands)