Pixalo Photography Community

Go Back   Pixalo Photography Community > Photography Forums > General photography questions and answers

General photography questions and answers: Discuss Two year warranty from EU...Copied from another site I frequent... After 18 months, Peter Ward's TV broke down and Tesco refused to repair it. ...
Welcome to the Pixalo Photography Community. As a Guest you are free to browse the site, but see what extras you get as a Member here.


Reply
 
LinkBack Thread Tools Display Modes
Old 09-07-2009, 09:47   #1 (permalink)
Forum Regular
 
Larne's Avatar
 
Join Date: Mar 2008
Location: Warrington, Cheshire, UK
Posts: 738
Larne has a spectacular aura aboutLarne has a spectacular aura aboutLarne has a spectacular aura aboutLarne has a spectacular aura aboutLarne has a spectacular aura aboutLarne has a spectacular aura aboutLarne has a spectacular aura aboutLarne has a spectacular aura about

Image editing O.K.
User's Gallery
Users Camera Equipment List
Two year warranty from EU

Copied from another site I frequent...

Quote:
After 18 months, Peter Ward's TV broke down and Tesco refused to repair it. But Peter had read about a little known EU rule which says you can take goods back up to two years later and obtain a replacement, even if the guarantee has expired. In the end Tesco backed down.

Lots of you have been contacting us to ask for details of the legislation. It is EU Directive (1999/44/EC) and it states that "a two-year guarantee applies for the sale of all consumer goods everywhere in the EU. In some countries, this may be more, and some manufacturers also choose to offer a longer warranty period."

To read more click on this link here - open the word document and scroll down to page 7.

BBC - 5 live - Victoria Derbyshire's Blog

How can I use this rule?

Reports of cases where shoppers have used the EU rule to get refunds suggest that even senior staff at stores may be unaware of it, so be prepared for some blank faces if you need to use it to argue your case. But eventually, after referring the complaint to legal teams, the stores have coughed up.

Use this checklist to see if you need to use the EU rule:

• The goods were purchased no longer than two years ago
• The store will not provide a refund or repair because you are returning the item after their return period has ended, usually one year
• You are reporting the fault within two months of discovering it
• The goods show no signs of damage through your actions or misuse.

The best advice is to print off the EU rule and take a copy with you. If staff fail to recognise it, ask them to take your details and report your complaint to their bosses. Take a note of the names of any staff you speak to and explain that you will contact them again soon for a response.

If you still can't get a resolution, the Small Claims Court procedure provides the means to bring a claim, for up to £5000 (in England and Wales), at low cost and without the need for a solicitor. Your local Citizens Advice Bureau can advise on how to make a claim, and we have a template letter to help you make a claim if it comes to it.

What about warranties? Do I still need one?

The EU rule, while extending the guarantees for shoppers does not necessarily mean warranties have no value. Under a warranty you may get extra protection against accidental damage that would not be covered by the UK or EU regulations.

With or without the extra guarantee of the EU directive, warranties can be expensive and you should be clear about the value of any potential benefits before deciding to take one. Read our guide for help on what to look out for.
Definitely an argument for buying your gear within the EU.
Larne is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 09-07-2009, 15:17   #2 (permalink)
Forum Regular
 
Dave Canon's Avatar
 
Join Date: Nov 2006
Location: Cheltenham
Posts: 1,290
Dave Canon is just really nice
Dave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really nice
User's Gallery
Users Camera Equipment List
Re: Two year warranty from EU

EU Directives have no legal standing in UK Law and are normally implemented in some way by the use of UK Law. In this case the sale and Supply of Goods Act is considered to meet the Directive as action is limited to 6 years. So if you had a dispute with a retailer, you may wish to use various arguments to pursuade them to rectify the problem but if you need to take legal action, you will have do do so under UK Law.

In the example given, I do not think that I would have been satisfied with a TV fault after 18 months. However, I had a faulty oven which was just over 5 years old and, after threatening Court action against the retailer, the manufacturer gave way and repaired the oven so you are not tied to 2 years under UK Law. The courts will take a view on what is reasonable. In my case the oven was the top of the range brand for which there rightly should be high expectations.
__________________
Regards Dave

http://www.image001.co.uk
Dave Canon is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 11-07-2009, 10:02   #3 (permalink)
Forum Regular
 
Larne's Avatar
 
Join Date: Mar 2008
Location: Warrington, Cheshire, UK
Posts: 738
Larne has a spectacular aura aboutLarne has a spectacular aura aboutLarne has a spectacular aura aboutLarne has a spectacular aura aboutLarne has a spectacular aura aboutLarne has a spectacular aura aboutLarne has a spectacular aura aboutLarne has a spectacular aura about

Image editing O.K.
User's Gallery
Users Camera Equipment List
Re: Two year warranty from EU

Hmmm....oh well, it sounded too good to be true. Always a catch with these things
Larne is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 12-07-2009, 11:50   #4 (permalink)
Forum Regular
 
sejanus's Avatar
 
Join Date: Sep 2006
Posts: 708
sejanus has a spectacular aura aboutsejanus has a spectacular aura aboutsejanus has a spectacular aura aboutsejanus has a spectacular aura aboutsejanus has a spectacular aura aboutsejanus has a spectacular aura aboutsejanus has a spectacular aura aboutsejanus has a spectacular aura about
User's Gallery
Users Camera Equipment List
Re: Two year warranty from EU

Quote:
EU Directives have no legal standing in UK Law and are normally implemented in some way by the use of UK Law.
I'm not sure you're right there. I happen to have a personal resource on consumer rights (so sisters actually are useful for something ) and the position is that, where UK law fails to implement a directive fully, then the court has to rule on the basis of the directive, not the law.

In the case above, if the shop gives a 1 year warranty, the customer should base their case on the directive. Very few retailers know (or want to know) about this rule but then, even fewer have woken up to the changes in The Sale and Supply of Goods to Consumers Regulations 2002, which came into force three years later.
__________________
Still trying, or at least, that's what my wife says... http://www.pixis.info

Last edited by sejanus; 12-07-2009 at 11:58.
sejanus is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 13-07-2009, 16:33   #5 (permalink)
Forum Regular
 
Dave Canon's Avatar
 
Join Date: Nov 2006
Location: Cheltenham
Posts: 1,290
Dave Canon is just really nice
Dave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really nice
User's Gallery
Users Camera Equipment List
Re: Two year warranty from EU

I have first hand training and experience with the EU Supplies and Services Directives though I am not formally trained in law.

EU Directives are issued by the Council of Ministers and binding on member states. Each member state is required to implement the directives through national leglislation within the time period allowed by the Directives.

The UK is one of the good nations in implementing directives and for consumer law we were already ahead of the EU. My understanding is that it is the reference to 2 year guarrantee which is misleading. The EU Directive actually sets a minimum limiitation for period for redress of 2 years but is it already 6 years under UK Legislation.

After 6 months you will still have to prove that an item was faulty due to faulty manufacture and not misuse or wear and tear.

Of course, if National legistlation does not implement EU diectives fully within the agreed time, it could lead to a difficult situation. However, this is beyond my expertise as it moves into the political area as well as Law. I cannot believe that the EU Directive has not been correctly implemented because this goes back to 2003. If the SOGA had not correctly implemented 1999/44/EC, I am sure it would have been noticed by now.

Dave
Dave Canon is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 14-07-2009, 08:49   #6 (permalink)
Forum Regular
 
Silver Dragon's Avatar
 
Join Date: Dec 2006
Location: Manchester area, UK
Posts: 738
Silver Dragon has a spectacular aura aboutSilver Dragon has a spectacular aura aboutSilver Dragon has a spectacular aura aboutSilver Dragon has a spectacular aura aboutSilver Dragon has a spectacular aura aboutSilver Dragon has a spectacular aura aboutSilver Dragon has a spectacular aura aboutSilver Dragon has a spectacular aura aboutSilver Dragon has a spectacular aura aboutSilver Dragon has a spectacular aura aboutSilver Dragon has a spectacular aura about

Image edit - ASK
User's Gallery
Users Camera Equipment List
Re: Two year warranty from EU

Quote:
After 6 months you will still have to prove that an item was faulty due to faulty manufacture and not misuse or wear and tear.

I think that is very important.... I would not expect a LandRover that has been misused in, for instance, the same way that TopGear "tested" that toyota pickup truck, to be covered by any warranty....

Oh, and full Kudos to Toyota on that truck.... sunk at sea, dropped off an exploding building, used as a target in Caravan Conkers, and the bloomin' thing still worked?.....
One reason I drive Toyota...
My current one is 6yrs old, the last was 10 yrs old, the one before that 14yrs old, all flew through MOT's with only the basic wear-and-tear maintenance needed......
__________________
Trying not to drive faster than my guardian angel flies......
Silver Dragon is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 21-07-2009, 17:44   #7 (permalink)
Getting Comfy
 
ROBIN's Avatar
 
Join Date: Nov 2008
Location: Near Alicante in Spain
Posts: 120
ROBIN is on a distinguished roadROBIN is on a distinguished road

Image editing O.K.
User's Gallery
Users Camera Equipment List
Re: Two year warranty from EU

Its criminal that in the rest of the EU 2 years is the norm & in UK its claimed to be only 1 year.

Eu law does apply in UK but retailers claim not to know about it.

A friend who purchased a laptop from tesco's successfully had more than a 50% refund after it went wrong after 18 months. He had to argue his point & the Eu directive.

Well worth doing.

I spoke to Philips UK only about a month ago & the EU law & they came up with some cock & bull story about after 1 year its not a proper guarantee in Spain.


Strange so I rang philips Spain, 2 years full guarantee no hesitation at all. Quote 'thats the law"
__________________
Living in the sun.
ROBIN is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 21-07-2009, 20:15   #8 (permalink)
Forum Regular
 
Dave Canon's Avatar
 
Join Date: Nov 2006
Location: Cheltenham
Posts: 1,290
Dave Canon is just really nice
Dave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really niceDave Canon is just really nice
User's Gallery
Users Camera Equipment List
Re: Two year warranty from EU

[QUOTE=ROBIN;275664]Its criminal that in the rest of the EU 2 years is the norm & in UK its claimed to be only 1 year.

QUOTE]

It is not EU Law but an EU Directive which has to be implemented by local law in each member country. The UK has implemented (6 years limitation period) it and apparantly exceeds the requirement of the directives. However, each country may interpret their law differently so there may be some variation in practice. If companies provide an additional warranty (i.e. additional to the statutary protection required by national law) then they may offer more protection to the consumer, if they wish. In fact most guarrantees do offer more than the minimum legal protection but are often very limited in time. Most white goods are 12 months whereas my car was 3 years.

Dave
Dave Canon is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
warranty question Dutchie General photography questions and answers 7 06-03-2009 22:47
Canon offer two year warranty on 1DmkIII and 1DsmkIII dabhand16 News 1 02-05-2008 19:15
Digitalrev - Mack warranty not as good as International Warranty ? Dave General photography questions and answers 5 09-03-2007 10:11
250GB hard drive for £55 incl 3 year warranty Dave Suppliers, Shopping and Bargains 22 27-01-2007 15:40


All times are GMT +1. The time now is 06:14.


vBulletin Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
ReviewPost & PhotoPost vB3 Enhanced, Copyright 2003-2014 All Enthusiast, Inc.
SEO by vBSEO 3.3.0
Copyright © 2006 - 2017 Pixalo.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197