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    Faulty MP3 Player...Legal Advice

    I bought an MP3 Player from Play.com about 6 months ago but it has now stopped working properly, therefore i would like a replacement.

    I phoned up Play.com and they told me i only have a 28 day warranty with them and the year warrenty is with SanDisk.

    I phoned up SanDisk and they agreed that my player was faulty and told me to send it back to them and they would then send a replacement. The problem is that they asked me to send it back to the Czech Republic as that is their nearest warehouse. They also recommended that i send it via recorded post (i would have done this anyway).

    They told me that i would not be refunded the postage for the MP3 Player which in my opinion is wrong. I recon it will cost atleast £10 to post.

    Are there any laws which say that they must refund the postage costs, because i don't see why i should be out of pocket for their mistakes.

    It would just be a lot easier if i got a new one of Play.com, so is there any laws that will enable me to exchange the MP3 Player with them?

    Thanks, rep will be left for helpful comments.

    28 Comments

    as far as i remember the law requires that the product is fit for the purpose it was
    purchased for for a period of 12 months or you are entitled to return it for a refund/exchange
    ( back to where you purchased it )
    Contact CAB before spending £10 + on postage

    ( leaves to double check this.....)

    I have had the exact same problem (but with samsung involved)

    Have been ringing them up all day finanly got in touch with consumer direct
    who told me under the sale of good act 1979 it is the retailers responsibility i rang up play
    and told them this (first time they just blamed samsung) to which tehy replied i need to get a fault code off samsung at first samsung said they have never heared of this before but after rigning again in hope to get through to someone else i finaly got the fault reference number

    i then rang up play told them the reference number and it is getting picked up tomorow

    hope this helps

    If they stated that they only provide a 28 day warranty there isn't much you can do with Play

    As for Sandisk I'm sure if it's proven that the reason the product is faulty is down to Sandisk rather than yourself they have to pay your postage costs, I wouldn't pay it personally just kick up a fuss with both Play and Sandisk and i'm sure one of them will sort it out for you

    Original Poster

    RedIron;2627498

    If they stated that they only provide a 28 day warranty there isn't much … If they stated that they only provide a 28 day warranty there isn't much you can do with PlayAs for Sandisk I'm sure if it's proven that the reason the product is faulty is down to Sandisk rather than yourself [COLOR="Red"]they have to pay your postage costs[/COLOR], I wouldn't pay it personally just kick up a fuss with both Play and Sandisk and i'm sure one of them will sort it out for you



    Do you know of a particular law that says this? Just so i can quote it, making my arguement more credable.

    The JFK;2627524

    Do you know of a particular law that says this? Just so i can quote it, … Do you know of a particular law that says this? Just so i can quote it, making my arguement more credable.



    Let me see what I can find

    just go through play they will pick it up then for free

    Original Poster

    lidds;2627543

    just go through play they will pick it up then for free



    Yeah, i would prefer to.

    Did you just tell them that under the 'sale of good act 1979', the law states that if you supply a faulty product the consumer has a year to return it to the retailer?

    Seeing as Sandisk is an America company they should be covered by the Magnuson-Moss Warranty Act which states;

    You provide warranty service free of charge, including such costs as … You provide warranty service free of charge, including such costs as returning the product or removing and reinstalling the product when necessary.

    The JFK;2627568

    Yeah, i would prefer to.Did you just tell them that under the 'sale of … Yeah, i would prefer to.Did you just tell them that under the 'sale of good act 1979', the law states that if you supply a faulty product the consumer has a year to return it to the retailer?



    more or less jsut said that i had contacted consumer direct and under 'sale of good act 1979' its your responsibility and they said we operate the 28 day ........ but if you get a fault code off samsung the they will replace it

    The sticking point is that play are based in the channel islands so uk consumer law does not apply.

    For further advice and help,you could also try:

    Trading Standards Service
    Commerce & Employment Department
    P.O.Box 459
    Raymond Falla House
    Longue Rue
    St Martins
    Guernsey
    GY1 6AF

    Tel: +44 (0) 1481 234567
    Email: [EMAIL="[email protected]"][email protected][/EMAIL]

    The Sale Of Goods act does'nt specify a time period as far as I'm aware, it just says a reasonable time period. Also the "fit for the purpose...." only applies if the buyer specifially asked for things in advance that the product could not provide, or again its just down to whats "reasonably" expected of the product. Its all very grey area lol.
    statutelaw.gov.uk/leg…a=0

    Original Poster

    Ok thanks for all the advice everyone.

    I will attempt to get a replacement off Play.

    I will just try and baffle them with loads of laws ect. LOL

    If anyone has any more advice please be welcome to post it.:thumbsup:

    Banned

    RedIron;2627586

    Seeing as Sandisk is an America company they should be covered by the … Seeing as Sandisk is an America company they should be covered by the Magnuson-Moss Warranty Act which states;


    'returning the product'....

    not paying for it to be returned to them 1st

    RedIron;2627586

    Seeing as Sandisk is an America company they should be covered by the … Seeing as Sandisk is an America company they should be covered by the Magnuson-Moss Warranty Act



    That is applicable to US law.

    ODB_69;2627741

    'returning the product'....not paying for it to be returned to them 1st



    It means returning it to the manufacturer,

    ElliottC;2627768

    That is applicable to US law.



    Which as an American company Sandisk operate under

    RedIron;2627812

    Which as an American company Sandisk operate under



    That has no bearings on UK law unless the item was bought in the US. If somebody committed a crime in this country then that person will be tried under UK law, not US law.

    For the OP, if the item is under 6 months old, Play.com do have a duty to accept the item back for replacement or repair at their cost (although you, the consumer, have to mitigate any costs incurred by Play.com if they request it). The Sales of Goods Act 1979 has undergone several revisions since it was first introduced.

    Banned

    RedIron;2627812

    It means returning it to the manufacturer,


    No...it means the manufacturer is liable for the costs returning to the consumer....not the consumer returning to manufacturer

    "You provide warranty service free of charge, including such costs as returning the product or removing and reinstalling the product when necessary"

    Banned

    ElliottC;2627830

    That has no bearings on UK law unless the item was bought in the US. If … That has no bearings on UK law unless the item was bought in the US. If somebody committed a crime in this country then that person will be tried under UK law, not US law.


    thats true

    This detailed guide corroborates with my comments (it is the latest addition to the 1979 inception of the Sales of Goods Act):

    johnantell.co.uk/SOG…htm

    Send this link to Play.com and tell them to read Section 48B. It is entirely lucid and unequivocally defined.

    ODB_69;2627846

    thats true



    What about that hacker committed the crime on UK soil but on US systems, fighting his extradition?


    :thinking:

    Banned

    Alfonse;2627978

    What about that hacker committed the crime on UK soil but on US systems, … What about that hacker committed the crime on UK soil but on US systems, fighting his extradition? :thinking:


    Up to the UK if they send him to US....

    If they do he will face their courts, otherwise ours

    ]http//ww…ds/

    "A new law, being lodged in the States today, 23 May 2008, improves the level of protection available to Jersey consumers. Currently, the Jersey consumer does not have ‘statutory rights’ as the consumer does in the UK. If passed by the States, the Supply of Goods and Services law will set out the full extent of such statutory rights and provide a clear framework for the benefit of both consumers and traders."

    Alfonse;2628029

    ]http://www.gov.je/EconomicDevelopment/TradingStandards/"A new law, being … ]http://www.gov.je/EconomicDevelopment/TradingStandards/"A new law, being lodged in the States today, 23 May 2008, improves the level of protection available to Jersey consumers. Currently, the Jersey consumer does not have ‘statutory rights’ as the consumer does in the UK. If passed by the States, the Supply of Goods and Services law will set out the full extent of such statutory rights and provide a clear framework for the benefit of both consumers and traders."



    Ah yes, Play.com is based in Jersey. Goods bought in the Channel Islands appear to be covered under an International Sale of Goods Act.

    Original Poster

    Thanks for the help everyone so much.

    Can someone just confirm that although Play are based in Jersey, they are still under UK law?

    The JFK;2628293

    Thanks for the help everyone so much.Can someone just confirm that … Thanks for the help everyone so much.Can someone just confirm that although Play are based in Jersey, they are still under UK law?



    Unfortunately not. I blindly quoted UK law earlier along with others but was reminded that they are a Jersey based company and there is no Sale of Goods Act in Jersey. United Nations International Law (gov.pe.ca/law…pdf) will apply but there is no declaration of the seller being accountable for defects or faults. I'm afraid that your claim is against the manufacturer. Does the documentation complementing your MP3 player not make reference to any UK based warranty repair centres?

    Original Poster

    ElliottC;2628407

    Does the documentation complementing your MP3 player not make reference … Does the documentation complementing your MP3 player not make reference to any UK based warranty repair centres?



    No it doesn't. No where in the manuel or other peices of paper i recieved with the MP3 does it mention any kind of warranty.

    Pretty sure the law states that the retailer you bought the product from has the same labiality as the manufacturer, can't remember where I had read that tough. I've always taken up in-warrenty problems with the retailer I bought the product from. Hope this helps.
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