who should honor returns - retailer or manufacturer?

hopeful_builder · 16 Mar 2012 at 12:11

Hi all,

A friend of mine bought a PS Vita at launch online through a toy store.

It has developed a fault and despite numerous restore attempts the same error appears on various games. The unit is clearly faulty. :mad:

He has phoned toys r us but they said to contact Sony, but surely Toys r us should honor his return and issue a new unit ? :confused:

I just think their trying to play games with him (something which his Vita cannot do currently lol)

Please help people

Nitefly · 16 Mar 2012 at 12:13

The retailer should deal with returns, but it may simply be more convenient to contact sony.

DanielMMS · 16 Mar 2012 at 12:13

The contract is with the retailer so they are responsible. Sometimes, however, it is easier to deal direct with the manufacturer.

J.B · 16 Mar 2012 at 12:16

I seem to remember this being a thing with Sony that they handle all repairs and replacements themselves. How long has he owned it for?

When I returned a PS1 many years again they were very quick, just picked it up and gave me a replacement, no waiting around.

malachi · 16 Mar 2012 at 12:16

Should be the retailer, especially when it has developed a fault less than 30 days of it been brought. It was only released on 22nd of last month.

hopeful_builder · 16 Mar 2012 at 12:32

malachi said:
Should be the retailer, especially when it has developed a fault less than 30 days of it been brought. It was only released on 22nd of last month.

Thanks for all the replies.

This is exactly what I thought. The retailer should deal with returns as has always been the case in my experience.

As you can imagine he's extremely annoyed and doesn't want to be without a console for weeks and weeks.

I just think Toys r us are **** poor lol

happy_2008 · 16 Mar 2012 at 12:33

Your contract is with the retailer not manufacturer.

Musty Pie · 16 Mar 2012 at 12:34

happy_2008 said:
Your contract is with the retailer not manufacturer.

+ 1 to this!

i5aces · 16 Mar 2012 at 12:38

happy_2008 said:
Your contract is with the retailer not manufacturer.

Yep. Take it back and tell them it's faulty before the 30 days runs out.

~Divine~Wind~ · 16 Mar 2012 at 12:38

As everyone above... Retailer

Nitefly · 16 Mar 2012 at 12:39

i5aces said:
Yep. Take it back and tell them it's faulty before the 30 days runs out.

30 days is usually a store policy, with 6 months being the legal obligation to assume faults were present at the time of purchase.

[TW]Fox · 16 Mar 2012 at 12:46

Legally speaking your contract is with the retailer. However if all the retailer is going to do is send it off to Sony for replacement/repair then it's probably far more practical to simply contact Sony.

Sony will be able to offer you a better and more convenient service than the one you are legally entitled to under SOGA, so why not use it?

Pug · 16 Mar 2012 at 12:52

[TW]Fox;21486305 said:
Legally speaking your contract is with the retailer. However if all the retailer is going to do is send it off to Sony for replacement/repair then it's probably far more practical to simply contact Sony.

Sony will be able to offer you a better and more convenient service than the one you are legally entitled to under SOGA, so why not use it?

technically he'd be entitled to his money back if the defect was bad enough, so its not really a better service than SOGA.

Nitefly · 16 Mar 2012 at 12:54

Pug said:
technically he'd be entitled to his money back if the defect was bad enough, so its not really a better service than SOGA.

That's only mandatory under SOGA if fixing or replacing the goods is impossible or excessively burdensome on the retailer. Usually refunds are given out of goodwill.

lrlcr · 16 Mar 2012 at 12:59

No it isn't, you're entitled to a full refund. You may choose to accept repair or replacement.

Nitefly · 16 Mar 2012 at 13:05

lrlcr said:
No it isn't, you're entitled to a full refund. You may choose to accept repair or replacement.

Read ss.48A, 48B and 48C very carefully

Burnsy2023 · 16 Mar 2012 at 13:06

Nitefly said:
That's only mandatory under SOGA if fixing or replacing the goods is impossible or excessively burdensome on the retailer. Usually refunds are given out of goodwill.

I thought this was the case. Apparently the below is correct according to the OFT.

lrlcr said:
No it isn't, you're entitled to a full refund. You may choose to accept repair or replacement.

http://www.oft.gov.uk/business-advice/treating-customers-fairly/sogahome/sogaexplained/

LiE · 16 Mar 2012 at 13:10

When I worked in Currys many moons ago, faulty goods where replaced with new ones from stock, and the faulty item was sent off.

Nitefly · 16 Mar 2012 at 13:14

Burnsy2023 said:
I thought this was the case. Apparently the below is correct according to the OFT.

Yeaaah. I'm going with what the Act says

Recission of the contract is further qualified within the Act, that article isn't very detailed.

S.48C is the main section that deals with this, in light of S.48B(3).

Edit - I should probably further qualify that a refund is also mandatory if a repair / replacement is excessively burdensome on the buyer (e.g. a replacement will take 6 months).

Semple · 16 Mar 2012 at 13:26

From what i remember from working at currys. The first 30 days it's down to the retailer to replace/refund the faulty item. After those 30 days the manufacturers deal with the problem with the retailer being the "middle man". (i.e. you don't pay for delivery costs to return the items to the manufacturers).

who should honor returns - retailer or manufacturer?

Can't type for toffee