Author |
Message |
ProfessorF
What's a life?
Joined: Thu Apr 23, 2009 7:56 pm Posts: 12030
|
Can I just confirm that a Deed of Gift is simply the transference of property without remuneration?
|
Fri Oct 09, 2009 8:53 pm |
|
 |
Spreadie
I haven't seen my friends in so long
Joined: Fri Apr 24, 2009 6:06 pm Posts: 6355 Location: IoW
|
_________________ Before you judge a man, walk a mile in his shoes; after that, who cares?! He's a mile away and you've got his shoes!
|
Sat Oct 10, 2009 6:47 am |
|
 |
ProfessorF
What's a life?
Joined: Thu Apr 23, 2009 7:56 pm Posts: 12030
|
Awesome. That's just changed someone's life.  (Not mine sadly!)
|
Sat Oct 10, 2009 8:46 am |
|
 |
Helsing
Has a life
Joined: Sat Apr 25, 2009 2:46 pm Posts: 57
|
Hijacking this thread as it's another law question. A Samsung monitor I bought from pc world just over a year ago has started to break down (through no missuse of my own I'll hasten to add). I have the receipt, but there's no warranty covering it anymore. Do I have a case with the Sale of Goods Act to take it to them and get a replacement/refund?
_________________ In my talons, I shape clay, crafting life forms as I please. Out of the chaos, they will run and whimper, praying for me to end their tedious anarchy. I am drunk with this vision. God: the title suits me well.
|
Sun Oct 11, 2009 4:12 pm |
|
 |
Fogmeister
I haven't seen my friends in so long
Joined: Thu Apr 23, 2009 7:35 pm Posts: 6580 Location: Getting there
|
Yes, although you'll have to argue your case with the shop staff as they won't believe you probably.
|
Sun Oct 11, 2009 4:20 pm |
|
 |
jonlumb
Spends far too much time on here
Joined: Thu Apr 23, 2009 6:44 pm Posts: 4141 Location: Exeter
|
Your case has to come under the 'reasonable expected lifetime', which for a monitor is well over a year.
_________________ "The woman is a riddle inside a mystery wrapped in an enigma I've had sex with."
|
Sun Oct 11, 2009 9:25 pm |
|
 |
Spreadie
I haven't seen my friends in so long
Joined: Fri Apr 24, 2009 6:06 pm Posts: 6355 Location: IoW
|
Yep, Martin Lewis was talking about this kind of thing just the other week on Radio 2.
_________________ Before you judge a man, walk a mile in his shoes; after that, who cares?! He's a mile away and you've got his shoes!
|
Sun Oct 11, 2009 10:04 pm |
|
 |
finlay666
Spends far too much time on here
Joined: Thu Apr 23, 2009 9:40 pm Posts: 4876 Location: Newcastle
|
Backlight dimming isn't covered (bulb = expendable item) but pure fault yes If they get narky state that EU law which the shop must ALSO comply with states 2 years not 1 The EU directive in question is 1999/44/EC. The full wording is contained here (open the word documtent and scroll to page 7) but the important bit is this: 'A two-year guarantee applies for the sale of all consumer goods everywhere in the EU. In some countries, this may be more, and some manufacturers also choose to offer a longer warranty period.' As with UK law, a seller is not bound by the guarantee 'if the (fault) has its origin in materials supplied by the consumer'. But the EU rule does not require the buyer to show the fault is inherent in the product and not down to their actions.The EU rule also says buyers need to report a problem within two months of discovering it if they want to be covered under the rule.
_________________TwitterCharlie Brooker: Macs are glorified Fisher-Price activity centres for adults; computers for scaredy cats too nervous to learn how proper computers work; computers for people who earnestly believe in feng shui.
|
Sun Oct 11, 2009 11:29 pm |
|
 |
Nick
Spends far too much time on here
Joined: Thu Apr 23, 2009 11:36 pm Posts: 3527 Location: Portsmouth
|
All this consumer rights stuff is great, but when it comes to it I never seem to remember/find the relevant quotes to take with me as armament against the stores!!
_________________
|
Mon Oct 12, 2009 12:02 am |
|
 |
finlay666
Spends far too much time on here
Joined: Thu Apr 23, 2009 9:40 pm Posts: 4876 Location: Newcastle
|
That is why i put it very large and underlined key points write it down or make a consumer rights pack... go into a shop armed with one of those and they will hate you lol
_________________TwitterCharlie Brooker: Macs are glorified Fisher-Price activity centres for adults; computers for scaredy cats too nervous to learn how proper computers work; computers for people who earnestly believe in feng shui.
|
Mon Oct 12, 2009 12:33 am |
|
 |
Helsing
Has a life
Joined: Sat Apr 25, 2009 2:46 pm Posts: 57
|
Thanks chaps, that'll be bloody useful when going to pc world; the damn monitor nearly didn't work at all this morning.
|
Tue Oct 13, 2009 8:20 am |
|
 |
tombolt
Spends far too much time on here
Joined: Fri Apr 24, 2009 8:38 am Posts: 2967 Location: Dorchester, Dorset
|
Small point which is probably not relevant to this particular case, but none of this applies to business purchases.
|
Tue Oct 13, 2009 9:37 am |
|
 |
Linux_User
I haven't seen my friends in so long
Joined: Tue May 05, 2009 3:29 pm Posts: 7173
|
Just for clarification, Finlay's link was actually implemented in the UK as The Sale and Supply of Goods to Consumers Regulations 2002.
This legislation does NOT require a 2-year guarantee on goods. The period for redress in the UK is currently up to 6 years. In this particular case you'll have to prove that the unit was inherently faulty and should have lasted longer (as it is more than 6 months after the date of purchase the onus is on you to prove an inherent fault). You may be offered a repair or partial refund.
This is all set to change with the Consumer Rights Directive (a maximum harmonisation Directive), which WILL introduce a 2-year guarantee period, but will also subsequently reduce the period for redress in the UK from 6 years to 2 years.
|
Tue Oct 13, 2009 12:47 pm |
|
 |
finlay666
Spends far too much time on here
Joined: Thu Apr 23, 2009 9:40 pm Posts: 4876 Location: Newcastle
|
The EU law doesnt require you to show it is an inherent fault.
_________________TwitterCharlie Brooker: Macs are glorified Fisher-Price activity centres for adults; computers for scaredy cats too nervous to learn how proper computers work; computers for people who earnestly believe in feng shui.
|
Tue Oct 13, 2009 6:21 pm |
|
 |
Linux_User
I haven't seen my friends in so long
Joined: Tue May 05, 2009 3:29 pm Posts: 7173
|
The UK legislation does. The Sale and Supply of Goods to Consumers Regulations are how this particular Directive was implemented in the UK, those are what you should be referring to.
|
Tue Oct 13, 2009 8:44 pm |
|
|