returning gps??

gracem

hi,
i was given a gift of a garmin nuvi 205 g.p.s for x mas.
on opening the box it was clear that it had been used as the bags for the cables were ripped.
the licensing on the screen of the g.p.s is a year older than the one i bought for my boyfriend.
maps are also not up to date.
on the side of the box it says display model.
im just checking my rights as the retailer it was purchased form is notoriously sticky on returns.

Karoma

As it is a display model, your rights are greatly diminished. As long as it works and fits its description, it's considered of merchantable quality, the retailer has fulfilled their obligations. You can still kick up a fuss if you have the receipt, they might give you store credit towards another unit.
Otherwise, all you really need is to pay for and download new maps (Or it may be free, but I doubt it: http://www8.garmin.com/support/download.jsp ).

gracem

thanks, il try and download the maps tomorrow. kinda sucks as my dad didnt know he was buying a display model and did pay full price. presume the warranty will stil be ok??

psicic

I'd kindly disagree with that advice.

Consumer law is concerned with the buyer's expectation of the device. If you bought a 'new' GPS and it was pre-used - even as a display model - then it is arguable that the item was mis-sold.

Just because it was of merchantable quality does not mean it was fit to be passed off as new. If this were allowed (and I know it may happen in some sectors, but bear with me here!!!) then shops would be able to sell second-hand goods as new if they felt they could pass them off as new. The Sale of Goods and Supply of Services Act 1980 was not meant to have this interpretation.

The relevant Act is the Consumer Protection Act 2007, s. 43, subsection 3 (b)(vii)

Where you run into trouble if the shop starts with a 'I-said, they-said' argument and say that they told your dad it was a display model before he purchased it. In that case, it's the Small Claims Court that could give you satisfaction.

I wouldn't do too much with the unit and bring it back to the shop the next day they are open (along with a proof of purchase). See what they offer - but consider in advance what you are willing to accept.

You need to weigh up how big a disadvantage these older maps are, are you going to try and seek a full or partial refund or a replacement? Things like that.

(some part of me is a little sad that quoting consumer legislation is how I chose to spend my New Years. )

Karoma

My advice was given on the basis that the person buying it knew it was a display model. Bring the receipt and demand a refund (Of course, if you're willing to accept a replacement go for it; personally, I'd recommend not giving that store any custom if they pull a stunt like that).

gracem

i stil havent used it so il bring it back. harvey norman here i come!!!