warrenty void if bought off ebay?

phildaintith

Suspended / Banned
Messages
325
Name
phil
Edit My Images
No
I've been chasing giottos warranty parts for weeks now and thought i'd give them a call as they seem to had totally forgotten about my previous emails, they are going to try find the part (the spring clip that you use to release the camera form the head) but if they cant she said if i have the receit they can sort out a whole head on warrenty, seems fair enough!

Anyway i managed to find the receipt then she hesitated when it was a paypal for one which i bought off an ebay shop, something about it not being from a known stockist

Am i right in thinking that the warranty is with the product and not with the stockist?
 
Your contract is with the seller, not Giotto. An Ebay Paypal receipt is going to get the wondering whether it's genuine.
 
Your contract is with the seller, not Giotto. An Ebay Paypal receipt is going to get the wondering whether it's genuine.

Yep your issue is with the seller not Giotto I would get back on to the seller :)


The OP can choose to deal with whoever they want on a warranty issue, the eBay seller or Giotto direct, the choice is theirs


.....

Am i right in thinking that the warranty is with the product and not with the stockist?


You would be right in that assumption
 
The OP can choose to deal with whoever they want on a warranty issue, the eBay seller or Giotto direct, the choice is theirs





You would be right in that assumption

Under the law as it now stand,your first port of call is with the retailer,whether its brought from a shop or e.bay.

:)
 
There are 2 parts to this: fitness for purpose under the sale of goods act, and a manufacturer's warranty. If the kit broke prematurely then it goes to the retailer. If there is a fault covered by a lonegr-term manufacturers warranty then it goes back to them.

http://www.which.co.uk/consumer-rights/problem/what-do-i-do-if-i-have-a-faulty-product/


That is not correct.

You have rights under the sale of goods act

You have rights under a manufacturers warranty

They are two very separate things

From day one a person has a choice whether they use there rights under the sale of goods act or there rights under a manufacturer's warranty, it is the consumers choice which action they take and it is not one that is defined by law.

The OP in this case has decided to take it up with Giotto direct under the manufacturer's warranty which they have the right to do
 
But there is an important distinction between the two: SoGA rights are statutory rights for remedy from the seller, fixed in law; your rights under a manufacturer's warranty are a parallel civil contract with the manufacturer and are subject to the manufacturer's terms.
 
I'm just a simple Joe Public nowadays, but as far as my past knowledge and experience indicates, a retailer in the UK bears the primary responsibility under law for the merchantable quality of the goods they sell. Therefore if an item fails or develops a fault the first port of call should indeed be the retailer. this is irrespective of whether the item(s) concerned are covered by a manufacturer's warranty or not. However, unless the retailer warranted otherwise, at the point of sale, they will simply return the goods to the manufacturer, or their agent for repair or replacement. Therefore, when the goods are covered by published manufacturer's warranty terms, and under those terms they do not require that the goods be returned to the retailer (as with cars for example), it is usually more convenient and efficient for all parties that the buyer returns direct to the manufacturer.

"Distance selling" legislation places a greater responsibilities on the seller, who again should be the first port of call, but their responsibility may be difficult to enforce in the case of an Ebay Shop. I assume the goods were not faulty on receipt? If they were, and the supplier refuses a return for credit, then PayPal/Ebay should, and I believe will, enforce the customer's claim.

As most of use will know, many manufacturers have a slick returns procedure which ensures that they receive all necessary details of the item concerned, the defect and the claimant after which a returns authority is granted. Even for a minor defect where it might seem simpler just to put a small part in the post, major manufacturers will normally require the return of the whole unit. Some manufacturers have a procedure for covering the costs of carriage. In all cases that I know of, unless the item(s) concerned are traceable by serial number, the manufacturer will require at least a copy of the original purchase receipt. A PayPal receipt may or may not satisfy that reasonable requirement. The seller may have been a private individual or a "retailer" selling surplus, bankrupt, insurance write-off or demonstration stock where the age of the item may pre-date the sale date by some considerable margin and/or the item may have suffered pre-sale mishandling, prior usage, flood or fire damage etc. Therefore it is reasonable for a manufacturer to hesitate over accepting a PayPal receipt if the goods are from an unknown supplier. It may then simply become a matter of a goodwill decision which again is unlikely to be made until the goods are returned to them.

Sometimes, as we are told so often, it is indeed perhaps better to pay a bit more and buy from an authorised and/or recognized source which many Ebay suppliers definitely are not!
 
Last edited:
I find guarantee of goods in the UK a bit of a minefield.

A few weeks ago my son purchased a Washing Machine from John Lewis. A responsible retailer I would suggest.

Said Washing machine was delivered and installed and found to be not working.

My son was told to contact the manufacturer under guarantee.

On advice from me he went back to John Lewis to resolve the problem and they flatly refused to handle the problem, saying he had to contact the manufacturer.

Said washing machine was eventually repaired by the manufacturer.

To me it seems that retailers, good or bad, make up the rules to suit themselves.
 
I find guarantee of goods in the UK a bit of a minefield.

A few weeks ago my son purchased a Washing Machine from John Lewis. A responsible retailer I would suggest.

Said Washing machine was delivered and installed and found to be not working.

My son was told to contact the manufacturer under guarantee.

On advice from me he went back to John Lewis to resolve the problem and they flatly refused to handle the problem, saying he had to contact the manufacturer.

Said washing machine was eventually repaired by the manufacturer.

To me it seems that retailers, good or bad, make up the rules to suit themselves.

Having spoken to John Lewis about a TV that went faulty recently they advised me that in the first year I should deal directly to the manufacturer (warranty) as that is exactly what they would do, and it would be easier for me to deal with them directly rather than having JL staff acting as a middle man and passing messages back and forth. They also said that if I encountered any difficulties they would get involved and deal with the manufacturer. From years 2 to 5 JL would step in and they would repair/replace using their own technicians and going back to the manufacturer if they required.

Because the TV broke within 28 days they just got me a brand new one rather than worrying about getting it repaired...
 
Said Washing machine was delivered and installed and found to be not working

If it wasnt working on installation I wouldn't have let them leave the machine. Straight back out again and back on the van. If it failed within 28 days, back to John Lewis and a new machine.

I think there's too much detail missing from this very brief account to say anything about John Lewis and their warranty service. Including when it was found not to be working and what the problem was.
 
JL driver would not take the machine back as all the packaging had been taken off. Said to son contact JL for instructions. JL said go straight to the manufacturer. Manufacturer failed to meet the appointment, that is when I told son to go back to JL. It took 3 weeks in all to sort the problem out.

I still think the retailers hold the leading hand when it comes to guarantee work.

I now make it a point of asking for precise details of guarantee when I make new purchases now.
 
You'll often find the terms and conditions of sale/retailer warranty in faint small typeface on the back of the sales invoice. Sadly they are enforceable. Unless you ask, you will only realise the terms and conditions AFTER you have bought the item concerned. It is indeed sensible to ask for a copy of T&C's before you agree the purchase. I just wish everyone would do that.
 
I got an email off daymen today (assuming they are the uk distributor) and they so not have the replacement part.

I also forgot to mention that I bought it back in august 2009 so it's still 1 year within the manufacturers warranty of 5 years

With it being so long do you think I should just go strait to giottos and hope they honour their warrenty after a bit of moaning and winging ?
 
Back
Top