consumer rights in Shetland ?

[KOYAANISQATSI]

I was always under the impression that statuary rights were uniform throughout Scotland and was some what surprised to find out that in Shetland there are different rules, concerning the 'sale of goods act'.
An X-box one had been given as a Christmas present and was found to have a non functioning disc drive. Upon getting in contact with the Lerwick retailer, we were informed that we must take it up with the manufacturer; Microsoft and that said Lerwick retailer had no obligation to do anything about said non accepted product.

This has caused some confusion as I am unable to find the law that allows traders in Shetland to dismiss standard consumer rights.
Since I am positive they are not just fobbing us off with excuses to protect their sale; I would greatly appreciate it if someone could tell me which part of the LAW, I have misunderstood.
This could save me the bother of going on the phone to trading standards to make something of an issue of this.

 

 http://www.which.co.uk/consumer-rights/problem/i-have-a-faulty-christmas-present-what-are-my-rights#link-1

[JustMe]

Nope.........contract is between the seller and the buyer so a shop is liable for faulty goods within a reasonable time from purchase.  But of course that only applies to the buyer.  In the unlikely event of anyone giving me an X-box as a present the retailer has no obligation to me although the person who gave it to me could still return it.  That said if Microsoft offers a decent repair or replace service it might be easier to deal with them.

[Colin]

As JustMe says...

 

The contract(?) is between the purchaser and the retailer.

 

Sale of Goods Act states that the Retailer must remedy the situation and cannot 'fob you off' just because it doesn't suit them.

 

Goods purchased must be or 'merchantable quality' in so much as they must function as described and, that they must continue to function for a reasonable period of time after purchase (varies depending on the type of goods)

 

I would suggest that you may be entitled to (at least) a direct replacement or a full refund if you so wish. 

 

The retailer may offer to repair the item but (as it is so close to the date of purchase), as far as I am aware, you have the right to refuse this i you so wish.

 

Personally, I wouldn't 'mess about' with the retailer.  If they refuse to service your needs according to the law, get Trading Standards involved and 'vote with your wallet' when it comes to future purchases.

 

I don't suppose that it helps much but, I have seen this particular 'business model' of passing all repair requests on to the manufacturers gaining popularity in recent years particularly amongst on-line retailers.

 

Pity that the T&C's will not let you name the retailer.  Might concentrate their minds a little..

 

Moral is;

Don't buy from 'box shifters' if you expect any kind of after-sales service..

[Windwalker]

Several thoughts come to mind.

 

- I would have thought the contract is between the purchaser and the retailer. The retailer should therefore replace or refund.

 

- If people can name and rubbish the coop for having a poor car park, why cant you name a local retailer who doesn't seem to be complying with the sale of goods act.

 

- How often do we hear that we should buy locally, mainly because if you have a problem it is easily repaired etc. This proves there is little benefit of buying locally from this retailer anyway.

I ordered a tv off the Internet, arrived not working, emailed them and was told they would send off another that day and collect the faulty one. No issues or problems. New tv arrived within 3 days.

 

- You may find extra protection if this was purchased by credit card.

 

- If I were the purchaser, I would head straight to the shop and demand a replacement or full refund and if this wasn't forthcomming, I would advise them I would now be going directly to trading standards.

 

- keep in mind though, that there are lots of good local retailers who do provide an excellent after service and let's hope trading standards can put this retailer right, as this does little to encourage buying local.

[KOYAANISQATSI]

Thanks for the replies.

 

The matter has now been resolved.
Upon third attempt, the head honcho was at last spoken to and full refund has been promised.

No harm no foul (although a little staff extra training in customer rights could have made this faster)... faith in toonie traders now fully restored.