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Old 05-17-2008, 02:10 PM   #16
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Can't speak for BoB, but with NAEB you return your CyBook directly to Bookeen in France for repair.

I really shouldn't get too worried. Provided you look after your CyBook, and don't drop it (like Derek did ) the chance of it needing repair are pretty low.
*YES*, I *AM*known henceforth and forever as the nidiot who dropped his Cybook - sans softcover case because we didn't have them - about 4 feet to the floor. (No carpeting, hard tile.) And, (and this is a testimony to the ruggedness of the Cybook) except for a single 'vertical-line' fault in the display, it went on working for another two months.

Just call me "Nidiot" and I'll answer.

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Old 05-18-2008, 02:46 AM   #17
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So for warranty repeair (the warranty given by the shop) the shop can tell you to send it to another country and you have to pay the insurance and postage for sending it?
Yes, that's right.

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I found one web page that said about the EU law:
Remember that there's no such thing really as "EU Law". The European parliament passes laws, but they all have to be implemented in the national laws of the 25 member states of the EU, and lots of them never get implemented in some countries at all.
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Old 05-18-2008, 03:44 AM   #18
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Remember that there's no such thing really as "EU Law". The European parliament passes laws, but they all have to be implemented in the national laws of the 25 member states of the EU, and lots of them never get implemented in some countries at all.
According to the Wikipedia page:
http://en.wikipedia.org/wiki/European_Union_Law

"It has been ruled several times by the European Court of Justice that EC(European Community-first pillar) law is superior to national laws. Where a conflict arises between EC law and the law of a Member State, EC law takes precedence, so that the law of a Member State must be disapplied."

(First Pillar law deals with economic and social rights, and how European institutions are set up.)

Last edited by Sparrow; 05-18-2008 at 03:49 AM. Reason: Added 'First Pillar law' clarification.
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Old 05-18-2008, 03:50 AM   #19
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That may be true in theory, but in practise, I suspect that not too many people are going to take a case to the European Court if a shop told them to send a gadget back to the manufacturer. Whatever EU law may or may not say, that is what happens here in the UK!
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Old 05-18-2008, 05:34 AM   #20
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According to the link below, it is the seller rather than the manufacturer who bears the responsibility under UK law.

http://www.computeractive.co.uk/comp...ts-part-basics

"The SGA (Sale of Goods Act 1979 ) also says that you should not be left out of pocket trying to put things right. The seller has to bear certain costs, including postage or return carriage, and, particularly for heavy items, it is the retailer's responsibility to arrange for collection."
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Old 05-18-2008, 05:37 AM   #21
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Well, when my Sony Laptop broke last year, I tried taking it back to "PC World", where I bought it from, and they told me that I had to return it to Sony myself for repair. I'm sure that a big outfit like PC World is acting in according with consumer law.

I believe that the Sale of Goods act only applies to goods which are faulty at the time they are sold, rather than ones which break, say, 6 months later.
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Old 05-18-2008, 07:00 AM   #22
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I think the consumer's rights are protected within a "reasonable time" of the sale (whatever that means).

Last year I brought dodgy petrol from a major supermarket that resulted in an expensive repair bill for my car.
The staff at the supermarket gave me the name and contact details for the petrol supplier, and said I'd have to seek compensation from them as they were just the reseller, and therefore not liable.
I explained that I thought their refusal to accept responsibility was illegal, and asked to have their advice in writing. They then changed their mind, gave me their head office contact details; I got the money back within a week.

I think most retailers initially try to fob consumers off, hoping they don't know their rights.
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Old 05-18-2008, 07:04 AM   #23
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Yes, I agree with you. Most retailers, however, seem to interpret "reasonable time" as being something like 14 days or 30 days. What we were talking about was failures which occurred months after purchase. I don't think most people would consider it "reasonable" to expect the retailer to replace the item in that circumstance - it's a matter for the purchaser to sort out with the manufacturer.
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Old 05-18-2008, 07:16 AM   #24
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Well, when my Sony Laptop broke last year, I tried taking it back to "PC World", where I bought it from, and they told me that I had to return it to Sony myself for repair. I'm sure that a big outfit like PC World is acting in according with consumer law.
Well, in Sweden a least it is standard procedure that big outfits like PC World lies about the rules and laws. For example they do it regularly when they try to sell you an insurance.

It is allowed to tell the customer to send it to somenody else but that should not cost the customer a lot of money.
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Old 05-18-2008, 07:24 AM   #25
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It didn't cost me anything - sony sent a courier with a box to pick it up.
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Old 05-18-2008, 07:38 AM   #26
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Yes, I agree with you. Most retailers, however, seem to interpret "reasonable time" as being something like 14 days or 30 days. What we were talking about was failures which occurred months after purchase. I don't think most people would consider it "reasonable" to expect the retailer to replace the item in that circumstance - it's a matter for the purchaser to sort out with the manufacturer.
The directive is here:

http://eur-lex.europa.eu/smartapi/cg...model=guichett

and it seems that UK has implemented it. See article 3 about costs: "In the case of a lack of conformity, the consumer shall be entitled to have the goods brought into conformity free of charge..."

The time limit is two year and is specified as:
Quote:
1. The seller shall be held liable under Article 3 where the lack of conformity becomes apparent within two years as from delivery of the goods. If, under national legislation, the rights laid down in Article 3(2) are subject to a limitation period, that period shall not expire within a period of two years from the time of delivery.

2. Member States may provide that, in order to benefit from his rights, the consumer must inform the seller of the lack of conformity within a period of two months from the date on which he detected such lack of conformity.

Member States shall inform the Commission of their use of this paragraph. The Commission shall monitor the effect of the existence of this option for the Member States on consumers and on the internal market.

Not later than 7 January 2003, the Commission shall prepare a report on the use made by Member States of this paragraph. This report shall be published in the Official Journal of the European Communities.

3. Unless proved otherwise, any lack of conformity which becomes apparent within six months of delivery of the goods shall be presumed to have existed at the time of delivery unless this presumption is incompatible with the nature of the goods or the nature of the lack of conformity.
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Old 05-18-2008, 07:40 AM   #27
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It didn't cost me anything - sony sent a courier with a box to pick it up.
So why are you giving that case as an example of the subject of this thread which is extra cost for customers?
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Old 05-18-2008, 08:49 AM   #28
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I understood the subject of this thread to be the issue of returning goods to the manufacturer rather than the retailer!
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Old 05-18-2008, 09:41 AM   #29
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I understood the subject of this thread to be the issue of returning goods to the manufacturer rather than the retailer!
Interesting subject. In our household, the main TV (27", crt-tube type) has started going on the fritz after 11 years of solid performance. So yesterday and today, we went out looking at new TVs. Obviously, we decided with all the widescreen (Hi-Def) videos and broadcast programming, to limit our search with the LCD TVs.

One of the things all the stores we visited are pushing is the "extended" 3-year warranty. Now for the size of TV we're considering, the $59 price isn't too bad, but we asked where we bring the TV to in case something goes wrong with our upcoming purchase. Across the board, whether the TV fails within the standard 90-day "in-store" warranty period or the 3 years of the "extended" period, we were informed that we would be told the address and RMA procedure from the manufacturer and would be expected to ship (at our cost) to that service center.

So much for "in-house" service by the reseller. I guess that's standard in the US.

Derek
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Old 05-19-2008, 02:21 AM   #30
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So...What is the best way to send a cybook back to bookeen from the States(California, to be specific)? How would you pack it? I think I have the box with most of the packaging. Any experience, good or bad, about the various companies, Fedex and the like?
(and of course I'll insure it)
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