And now they are trying to weasel out of it:
So to protect against it being removed and me having to look this up again.
Quote:
Quote:
|
Originally Posted by karel
Quote:
|
Originally Posted by Riocaz
And Karel: Any word on the specific question of refunds for UK buyers.
also how does registering for the battery upgrade effect this. I am still undecided as to what I would go for. And don't want to sign up now only to come to the decision that in fact I should have had the refund.
|
For refund I suggest to check our return policy for the conditions to return your products for a refund here: https://www.irexshop.com/return_policy.php
It doesn't, if you signup you are eligible for a free battery replacement when they become available and you will receive a follow up email with instructions on how to proceed. |
Erm, no. You are mis-understanding my question.
Your returns policy is part and parcel of the overall contract with the end customer. As you have broken the contract by supplying a product which does not and never can match your companies technical specs the purchaser is entitled to a full refund outside of your standard returns policy under UK and EU law.
We are not required to accept exchange or repair. And anyway the battery replacement still will not provide the "operating time of therechargeable battery is more than a week without recharging, based on an average use of three hours reading a day" stated.
Allow me to refer you too:
http://www.dti.gov.uk/consumers/fact...page24700.html
Specifically:
Quote:
Wherever goods are bought they must "conform to contract". This means they must be as described, fit for purpose and of satisfactory quality (i.e. not inherently faulty at the time of sale).
And:
Q1. What is an inherent fault?
A fault present at the time of purchase. Examples are:
• an error in design so that a product is manufactured incorrectly
• an error in manufacturing where a faulty component was inserted.
The "fault" may not become apparent immediately but it was there at the time of sale and so the product was not of satisfactory standard.
|
You have admitted that this is an error of design and that the product will never "conform to contract".
And before you claim "thats a UK law it doesn't apply to us". It transposes an EU directive (1999/44/EC specifically) and as I understand it your laws should either say the same thing or something very similar.
Also:
http://www.euroconsumer.org.uk/index...d_internet.htm
Specifically:
Quote:
Criminal offences
It is a criminal offence for a trader to sell you goods which are unsafe, which do not match their description, or which have been advertised at a misleading price. This is not the case, however, if you bought the goods from a private individual.
|
As I have said, I am still undecided (though what appears to be iRex blatantly trying to wriggle out of their legal obligations is fast making my mind up for me.
|