Pixmania says Sale of Goods Act does not apply to them

R

roysteve

Guest
I purchased a DVD recorder from Pixmania in April.

The power supply failed last week.

Pixmania.ie deny any responsibility for the fault and referred me to their terms and conditions. Apparently they think that the Sale of Goods Act 1980 doesn't apply to them!

Fortunately, the manufacturer couldn't be more helpful.
 
Hello

Thank you for your review.

I am sorry you have had problems with your DVD recorder. There is a 1 year warranty on most of our products, and this is normally with the manufacturer.
Should the manufacturer be difficult to contact, we will be more than willing to issue a pickup for repair.

Please note that Manufacturers’ warranties do not cover:

- replacement consumables such as batteries, light bulbs, fuses and recording or playback heads,
- improper use of the product,
- damage resulting from repairs performed by non-certified technicians,
- damage caused by external factors such as accidents, internal or external shocks, lightning, power spikes, rust and sand.

Please contact me on [email protected] with your order details that I may review your file and contact you directly.

Kind regards,

Rachel

Pixmania Mediator
 
I thought that the onus is on the retailer....it is them who you have the contract of sale with?
 
Let us know how you get on roysteve.

I buy a lot of electronic stuff online but have always shied away from Pixmania because of negative customer feedback.

They get a lot of stick on multiple fora so it would be nice to see what happens in your situation.
 
flossie said:
I thought that the onus is on the retailer....it is them who you have the contract of sale with?
Click to expand...

That's correct. Irish & EU legislation provides significant protection to online shoppers, you actually have more rights when buying online than you do when dealing with a physical store.

Your contract is always with the retailer, and not the manufacturer. It is the retailer who is responsible for rectifying the siuation and they have the option of the 'Three Rs': Repair, Replace, Refund.

See Consumer Connect for guides to your rights and how to pursue action through the Small Claims Courts should you not get a satisfactory result dealing with the retailer.

The Irish office of the European Consumer Centre are a good source also.
Leo
 
Things like TV remote and leads are generally not covered under warranty afaik.
 
The power supply is an internal component of the DVD player and would be covered.
 
What part of their T&Cs did they refer you to? Even if you ignored the sale of goods act it still states on their site that:

"For the period covered under warranty, the client must return the product to PIXMANIA’S After-Sales Service."
Your DVD recorder is still under warranty so they would have to accept it anyway.
I'd love to know why they would assume the SofGA doesn't apply to them, they are based in France, which as far as i am aware is still part of the EU, and according to consumerconnect:

"If you bought online, as long as the website is an EU-based business, you are entitled to a repair, replacement or refund, just the same as buying in the high street."

Let us know how you get on.
 
The actual power supply is a transformer unit which is inside the unit. Hence internal.
The lead is not removable on most players anyways.

They are liable here plain and simple.
 
OK, I took it from the OP that the power supply problem was the mains lead, if it is an internal problem then I don't disagree with you.
 
MrMan said:
OK, I took it from the OP that the power supply problem was the mains lead, if it is an internal problem then I don't disagree with you.
Click to expand...

Internal/ external doesn't matter. Something the OP bought is no longer working. They are entitled to one of repair, replace, or refund. Leads etc. cannot be excluded from such rights.
Leo
 
Leo said:
Internal/ external doesn't matter. Something the OP bought is no longer working. They are entitled to one of repair, replace, or refund. Leads etc. cannot be excluded from such rights.
Leo
Click to expand...

Is it really that cut and dried? A lead can be manhandled and damaged, remote controls as well, so they are not straight forward cases.
 
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