PC World and Blackberry

A question about : PC World and Blackberry

I was wondering if someone could tell me if the following is legal as it seems to go against the sales of goods act.

PC World offer a refund/replacement if an item is not repaired after it has been returned to them for 28 days but on their web site they have this clause

*Often repairs will be carried out by the manufacturers’ own service teams with whom we have arrangements in place to ensure your product is repaired by skilled and qualified engineers. If we refer you to such a repair centre when you call us, please be assured we are not fobbing you off. If you’re not happy with their service we urge you to let us know.

I have returned a Blackberry playbook that has stopped charging and after it was with them for 2 weeks they told me I had to contact Blackberry direct as they refuse to pick it up from a business.

I have told them that I was unwilling to do this as under the sales of goods act my contract is with the retailer and not the manufacturer. I called at the store after 28 days and they have said that their legal team have said that they do not have to hour the 28 day warranty rule as per the above section.

is this section even legal as it seems to be going against the sales of goods act?

Best answers:

• How long have you had the Blackberry?
  Often it is easier to contact the manufacturer directly, in effect you are cutting out the middle man. This does not take away your right to pursue the retailer if a satisfactory remedy cannot be provided this way.
  I think you have shot yourself in the foot with the "28 day clause" because you chose not to collect it after two weeks. I doubt any district judge would enforce the clause because of your part in the delay.
• Sorry I am confused by your comment "your part in the delay". I did not collect the playbook as the law states that it is the retailer who has to deal with the manufacturer not the customer. It is Blackberry who refuse to collect it not me. I simply refused to contact Blackberry which is my legal right.
  It may be quicker going to the manufacturer but I spend extra money buying goods from local stores so I can walk into a store and have them chase it as this is the law.
  The main two reasons I do not contact the manufacuturer directly are
  1 That is not the way the sales of good act works. My contract is with the retailer not the manifacturer so why would I contact Blackberry???
  2 I left it into the store one day before I had purchased it 6 months previous, if I contact Blackberry now it is after the first six months and I have to prove I did not damage the Playbook.
• My main question however is is this legal as it appears to go against the sales of goods act? Every thing that I have read states that it is the retailer who deals with the manufacturer and not the customer.
• They have done nothing unlawful. The law does not state that the retailer has to deal with the manufacturer, it states that your contract is with the retailer. The fact that they asked you to contact someone else for the repair is irrelevant, they are still ensuring that you receive that repair, and hence fulfilling their obligations under SoGA.
  With regard to the six month inherent fault issue, you have proof that the fault occurred within six months, so you should not have a problem in that respect.
  You are making things very difficult when they do not need to be - all you have to do is make a phone call. This is no different to the retailer making the call on your behalf.
• It is different. Everything I have read online states the customer does not have to contact the manufacturer as this is the responsibility of the retailer are you telling me if I buy a product from a company they have the right to tell me to contact the manufacturer directly and not facilitate the repair of the item themselves? This is from this site "Don't go to the manufacturer. It's important to understand legally your relationship is with the retailer, NOT the manufacturer. So if you take faulty goods back to the retailer, it is it's responsibility to sort it out. If it tries to fob you off, telling you to go to the manufacturer direct, don't let it". So what you are telling me is the advice on the money saving expert web page is incorrect???
  Also someone from PC World called me on Friday and I let them put me through to blackberry. the representative from blackberry told me (the pc world person was also listening in on the call) that as the contract is with the retailer and since it is within 6 months pc world need to go through their supplier so even blackberry have said the route pc world have taken is incorrect.
• "The law does not state that the retailer has to deal with the manufacturer" I suppose you are right but the law does state the retailer is responsible for the repair of the item. Hence if the product needs to go the the manufacturer surely this means they have to do this.
• Blimey! I thought this would be pretty uncontentious, so I'm surprised at the responses.
  Retailer supplies faulty goods to customer. Customer rejects goods and returns them under SoGA. The retailer must now either provide an appropriate refund, a replacement, or come to some other mutually acceptable resolution.
  In no circumstances should the customer be providing administrative or logistic services to the retailer!
  Quote:
• "they are still ensuring that you receive that repair" the law does not state that the retailer has to ensure the product is repaired the law states that the retailer has to repair the item. Slightlty different from what you have stated
• I do not have the playbook pcworld do. It was left with them in accordance to the sales of goods act.
  "The law does not stop the retailer from outsourcing that repair though" correct but that is for them to arrange not me.
  "As I stated earlier, all you are doing is cutting out the middle man" The issue is I pay a premium on purpose so there is a middle man who legally has to repair any goods that fail.
• Actually when I purchased this I could have purchased the playbook for Ј235 and not the Ј250 I paid
  So I am being pedantic? it is not that pc world are not following the law then?
• PC World not messing people about is more important to me than getting my playbook back. it was hardly ever used when I had it so I am in no rush to get it back.
• Can you clarify this one point for me. Are you saying that it is not the responsibilty of the retailer to repair a faulty item that fails within the first 6 months? Or are you saying a retailer can TELL a customer that they will not facilitate the repair of a faulty item and even though the contract is between the retailer and the customer the customer HAS to contact the retailer direct?
• Sorry I meant manufacturer direct not retailer direct
• I am interested in this thread too - I just left my playbook with PCWorld for repair. They tried to tell me to call blackberry direct too. It is not convienient for me to do the running around, I work all day and it is ideal to drop it with PCW and pick it up when fixed. I don't want to have to take a day off work waiting for a courier etc.
  I insisted they deal with it and they said they would get round to it in at least a week (!!) as they are very busy. They also said when they did get round to it I will probably get a call telling me to pick it up and deal with it myself !! Sounds like their instructions to their staff are pretty clear!
  I intend to insist on them dealing with it when they do call. Does anyone have any advice - just wait 4 - 6 weeks then take them to court?
• mynameistallulah PC World replaced my Playbook and I doubt very much that they would have done this if they did not have to legally. I also doubt that this would have been done any quicker by going to Blackberry when PC World told me.
• I was in no rush to get the playbook back. It is more important that a company follows the law than it is for me to have a tablet. Sorry that you are unable to understand this .