# Pixmania says Sale of Goods Act does not apply to them



## roysteve (8 Jun 2011)

I purchased a DVD recorder from *Pixmania* in April. 

The power supply failed last week. 

Pixmania.ie deny any responsibility for the fault and referred me to their terms and conditions. Apparently they think that the Sale of Goods Act 1980 doesn't apply to them!

Fortunately, the manufacturer couldn't be more helpful.


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## PixmaniaUK (9 Jun 2011)

Hello

  Thank you for your review.

  I am sorry you have had problems with your DVD recorder. There is a 1 year warranty on most of our products, and this is normally with the manufacturer.
  Should the manufacturer be difficult to contact, we will be more than willing to issue a pickup for repair. 

  Please note that Manufacturers’ warranties do not cover:

- replacement consumables such as batteries, light bulbs, fuses and recording or playback heads,
- improper use of the product, 
- damage resulting from repairs performed by non-certified technicians, 
- damage caused by external factors such as accidents, internal or external shocks, lightning, power spikes, rust and sand.

  Please contact me on rachel@pixmania.com with your order details that I may review your file and contact you directly.

Kind regards,

Rachel

Pixmania Mediator


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## flossie (9 Jun 2011)

I thought that the onus is on the retailer....it is them who you have the contract of sale with?


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## PaddyBloggit (9 Jun 2011)

Let us know how you get on roysteve.

I buy a lot of electronic stuff online but have always shied away from Pixmania because of negative customer feedback.

They get a lot of stick on multiple fora so it would be nice to see what happens in your situation.


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## Leo (10 Jun 2011)

flossie said:


> I thought that the onus is on the retailer....it is them who you have the contract of sale with?


 
That's correct. Irish & EU legislation provides significant protection to online shoppers, you actually have more rights when buying online than you do when dealing with a physical store. 

Your contract is always with the retailer, and not the manufacturer. It is the retailer who is responsible for rectifying the siuation and they have the option of the 'Three Rs': Repair, Replace, Refund. 

See Consumer Connect for guides to your rights and how to pursue action through the Small Claims Courts should you not get a satisfactory result dealing with the retailer.

The Irish office of the European Consumer Centre are a good source also.
Leo


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## MrMan (10 Jun 2011)

I wouldn't have thought the power supply was covered in any case?


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## Time (10 Jun 2011)

Why?


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## MrMan (10 Jun 2011)

Things like TV remote and leads are generally not covered under warranty afaik.


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## Leo (10 Jun 2011)

MrMan said:


> Things like TV remote and leads are generally not covered under warranty afaik.


 
A warranty is in addition to rights afforded to the consumer. You are still entitled to remedy.


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## Time (10 Jun 2011)

The power supply is an internal component of the DVD player and would be covered.


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## MrMan (10 Jun 2011)

Would it not be external as in a plug in?


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## Time (10 Jun 2011)

You are clutching at straws me thinks.


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## coldcake (10 Jun 2011)

I was just about to buy a new desktop online. I know where I won't be shopping


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## chasm (12 Jun 2011)

What part of their T&Cs did they refer you to? Even if you ignored the sale of goods act it still states on their site that:

"For the period covered under warranty, the client must return the product to PIXMANIA’S After-Sales Service."
Your DVD recorder is still under warranty so they would have to accept it anyway.
I'd love to know why they would assume the SofGA doesn't apply to them,  they are based in France, which as far as i am aware is still part of  the EU, and according to consumerconnect:

"If you bought online, as long as the website is an EU-based business,  you are entitled to a repair, replacement or refund, just the same as  buying in the high street."

Let us know how you get on.


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## MrMan (13 Jun 2011)

Time said:


> You are clutching at straws me thinks.




How? Most DVDs have a plug in power lead and not a fused one so its not an internal component then is it?


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## Time (13 Jun 2011)

The actual power supply is a transformer unit which is inside the unit. Hence internal. 
The lead is not removable on most players anyways. 

They are liable here plain and simple.


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## MrMan (13 Jun 2011)

OK, I took it from the OP that the power supply problem was the mains lead, if it is an internal problem then I don't disagree with you.


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## Time (13 Jun 2011)

No bother.


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## Leo (16 Jun 2011)

MrMan said:


> OK, I took it from the OP that the power supply problem was the mains lead, if it is an internal problem then I don't disagree with you.


 
Internal/ external doesn't matter. Something the OP bought is no longer working. They are entitled to one of repair, replace, or refund. Leads etc. cannot be excluded from such rights.
Leo


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## MrMan (16 Jun 2011)

Leo said:


> Internal/ external doesn't matter. Something the OP bought is no longer working. They are entitled to one of repair, replace, or refund. Leads etc. cannot be excluded from such rights.
> Leo


 
Is it really that cut and dried? A lead can be manhandled and damaged, remote controls as well, so they are not straight forward cases.


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## ajapale (16 Jun 2011)

So, are Pixmania correct when they state that the SoGA 1980 does not apply to them?


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## pudds (16 Jun 2011)

They may like to think so but the 'consumer' *is* protected.

Sale of Goods Act:-



> The Act applies to the ‘consumer’. The Act
> protects consumers any time they buy goods
> for their own use or consumption and when:
> • they buy goods from someone who sells
> ...


http://www.consumerconnect.ie/eng/Hot_Topics/Our-booklets/NCA-Sale-of-goods.pdf


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## Leo (20 Jun 2011)

MrMan said:


> Is it really that cut and dried? A lead can be manhandled and damaged, remote controls as well, so they are not straight forward cases.


 
Damage caused by mistreatment is excluded from warranty or standard consumer rights. The difference between damage caused by misuse/abuse and manufacturing defect is usually clear enough. 
Leo


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## Jazz01 (5 Jul 2011)

A few years back, I bought Nikon D50 from them - they were  doing a special at the time.

It arrived, a bit later than expected,  but on arrival, I noticed it was in a box with NO packaging... which I  though strange... opening up the box, gave the camera a little shake  & a rattling noise was heard... didn't know if that was normal or  not for DSLR... but on contacting pixmania again, they sent courier back  to pick it up (DHL as far as I remember)... I sent many emails (could  never get through to a person over the phone) asking them to package it  up properly etc before shipping the replacement. This happened two further  times - same fault (was different camera each time)... with emails exchanged each time.. had it out with DHL, had it  out with pixmania (over email though)... requested my money back if the  next one wasn't as expected - next one that arrived was ok... 

All in  all, I did find this very frustrating... but they had a process which I  followed - had to remind them of their process in a few emails... I  found them helpful enough but still had to use some strongly worded  emails - specifically quoting their own terms & conditions... I  heard/read of people having bad & good experiences of them at the  time... I haven't used them for any expensive electronics since... just  think there is an issue (maybe just at that time) with the packaging of these  sensitive items, so didn't want to risk it again...


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## Brouhahaha (5 Jul 2011)

ajapale said:


> So, are Pixmania correct when they state that the SoGA 1980 does not apply to them?



If PixMania is based in any European Union country then the Sale of Goods act does apply to them (even though they are not an Irish company).

See [broken link removed]

"If you purchase goods or services from another EU Member State and they  were advertised in your country, you are protected under consumer law of  your home country"


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## ajapale (5 Jul 2011)

Thanks for the clarification.


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