who should honor returns - retailer or manufacturer?

Nitefly said:
Yeaaah. I'm going with what the Act says :p

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).
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SoGA approaches the issue from the position that the seller would wish to refund (rather than repair/replace) under certain circumstances and that such would be the norm. The sections should be read from the angle that a buyer can only require repair / replacement under certain circumstances and, indeed, could be forced to accept a refund. Not the other way round. The rights of rescission are laid out more specifically through contract law rather than SoGA.
 
Semple said:
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).
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I worked at Apple for a short while and handled the Returns department. This is why I was thinking the retailer is responsible. We used to have pallets of returned apple goods from currys, pc world etc. They would all arrive as a bulk delivery, but be labelled up to process them individually.

I just think its very poor of Toys R us to just simply say, oh yeah you need to contact Sony. fair enough if it was just a small error or something that can be rectified but after a complete system restore its still faulty and clearly knackered they should just issue him a replacement.

Perhaps this is down to poor staff training?

I'm just glad I didnt stump up the money and buy a Vita now :D
 
It may not be the same setup, but I bought a PS3 with a noisy fan from a rather more helpful retailer. They said they could take it up with Sony and sort themselves, but it would be far quicker for me to deal with Sony directly. I had a courier at the door with a replacment the next day.
 
DanielMMS said:
SoGA approaches the issue from the position that the seller would wish to refund (rather than repair/replace) under certain circumstances and that such would be the norm. The sections should be read from the angle that a buyer can only require repair / replacement under certain circumstances and, indeed, could be forced to accept a refund. Not the other way round. The rights of rescission are laid out more specifically through contract law rather than SoGA.
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ss.48A-48C deal with circumstances of when a refund is too budensome for either party. The defacto possition is that the seller can require a repair, replacement or recind the contact, but he can only recind if:

a) it is impossible or overly burdensome on the seller to repair / replace the goods or
b) repair or replacement would cause insignificant convinience to the buyer.

This proviso prevents undue harshness on either party, but means that the seller can attempt a repair / replacement if it is not overly inconvinient (for example a 24 hour turnaround).
 
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i was under the impression the decision on the format of the resolution was down mostly to the buyer. but IANAL
 
with sony, the retailer has to deal with it upto 1 year, if it has more than a years warranty etc, then sony will deal with it.

at least thats what i was told on the phone last year, may of changed by now.
 
Best bet is to go down to the store and talk to someone in person. It's easy to be fobbed off over the phone. Just ask to see a manager and get them to sort it then and there. No need to start spouting the SoGA it usually just rubs people up the wrong way.
 
imb4tman said:
Best bet is to go down to the store and talk to someone in person. It's easy to be fobbed off over the phone. Just ask to see a manager and get them to sort it then and there. No need to start spouting the SoGA it usually just rubs people up the wrong way.
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+1 THIS

Nothing like having a heated blazing argument with a shop manager infront
of a shop full of people , result = very fast refund
 
Hes going down to a local store tomorrow. I just hope they don't try and palm him off with "oh sorry, you purchased this online, we cant help you here" lol

Will keep you updated with what happens.

Thanks for all your help folks :)
 
Is it not 12 months with the retailer?

This is why people with games consoles that develop a fault within 12 months go back to the retailer and get it changed.

:confused:
 
If Sony do the same with PSP as with the full consoles it will be far easier to deal with them. No waiting around for testing they will just pick it up and being a new one at the same time.
 
Some manufacturers dont like retailers being the middle man, sony being a prime example of this, they deal with the warranty however the retailer may ship it for you, however its much easier to arrange the collection yourself via sony direct
 
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