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Buyer beware PIXMANIA refusing promised guarantee

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  • 01-03-2012 2:49pm
    #1
    Closed Accounts Posts: 502 ✭✭✭


    I have been a client of the Pixmania for the last number of years ,made many orders and during that time I never had any problems with them.
    I discovered last week that one of my Pixmania orders: Sigmatek DVB-T is dead.Lights up but does not operate properly.I fortunately found my receipt ( Services included: 2 year warranty and 7 working days satisfied or your money back)and I still have 7 month guarantee left so I contacted them.

    Here's the Answer:

    Thank you for your e-mail.

    In reply to your email regarding your faulty item, please be informed that we have 7 working days money back guarante which is sadly over. Therefore, we can no longer accept the return of this product for a refund or replacement. your product is currently under the 1st year warranty which is with the manufacturer.

    Please contact them directly. They will give you further information on where to get the problem fixed.

    For further information please do not hesitate to contact us.

    Best regards,
    Your customer care agent


    :eek: I'm speechless :mad:

    1) They are refusing to take care of it under warranty
    2) Some kind of secret "customer service agent" - no names allowed
    3) No helpful indications - where is manufacturer? What (email) address?

    I have been quite disappointed with the service received

    Buyer beware - If, unfortunately, the product you bought from Pixmania seems to have a problem, please note that you are your own


Comments

  • Closed Accounts Posts: 13,687 ✭✭✭✭jack presley


    I'm not an expert in consumer law but to the best of my knowledge, your contract is with them and not the manufacturer so they can't wash their hands of it if it is still under guarantee


  • Registered Users Posts: 6,465 ✭✭✭MOH


    They have to deal with you. They can't just fob you off to the manufacturer.


  • Closed Accounts Posts: 4,692 ✭✭✭Jarren


    Faulty goods – your rights
    Where goods turn out to be faulty and where you are not to blame, you have a number of options under consumer law. Faults with goods may be major or minor and present different issues for particular products.

    If the fault is major, for example if you buy a mobile phone and it stops working shortly after you start using it due to a major fault with the phone, you have the option to reject the goods and rescind (end) the contract.

    If the fault is minor, for example a button is missing from a piece of clothing you bought, you have the option to request a repair, replacement, a reduction in the price you paid or a refund. However, if the trader refuses to meet your requests or there is an unreasonable delay in providing one of these remedies, then you have the right to reject the goods and rescind the contract.

    Your contract is with the retailer or supplier who sold you the goods or products so if there is a fault, it is up to them to fix it. You may also have extra protection if you have a guarantee or warranty from the manufacturer.

    What to do
    You should return the faulty item to the seller as soon as possible and explain what the problem is. If you think it might be useful, print out the page and bring it with you. If you have a complaint about faulty goods, shop notices such as "No Refunds" or "No Exchanges" do not limit your rights. Some shops display these notices, particularly during the sales, but this does not take away your rights under consumer law if the goods are faulty.

    Reject & rescind
    When you buy goods, you enter into a contract with the seller. If those goods turn out to be faulty and the fault is major, you are entitled to reject the goods and rescind (end) the contract. If you simply reject the goods, for example, a broken bill-pay phone, you may still be tied into a contract unless you demand to cancel it without any penalty fees.

    This option is complex and can depend on a number of factors. For example, the severity of the fault, the length of time since you bought the goods, and the inconvenience caused to you as a result of the fault. If a fault occurs within the first 6 months of purchase, it is assumed that is was there at the time of sale. It is important to remember that if you caused the fault, the trader is under no obligation to offer you any type of compensation.

    Repair
    If you request a repair of a faulty product instead of rejecting it, it should be a permanent repair. If the same fault occurs again, then you should be entitled to a replacement or refund. If you are not happy with the retailer’s offer to repair the item, you can reject it. But if you do this, you may have to use the Small Claims process if you want to take the matter further.

    Remember, the retailer may charge you for the repair if you have been responsible for the damage to the product.

    Replacement
    If you opt for a replacement, it should be the same as the item you bought, or of similar quality and price.

    You should not have to pay extra for a replacement and should be given the difference in price if the replacement costs less than the item you originally bought.

    Refund
    If you opt for a refund, this can be in cash or by cheque, or the retailer can refund your credit or debit card account if you used one to buy the item. You do not have to accept a credit note or voucher as a refund as they are not equivalent to cash. You can choose a refund instead.

    Other options
    You have the option to use the Small Claims process as long as the claim does not exceed €2,000. The application fee is €18 and the service is provided in your local District Court.

    If you paid for the goods by credit or debit card, your card provider may agree to reverse the transaction. This is called a chargeback. Contact your provider immediately and give them details of your transaction.

    If you have any queries about your options, you can contact us.

    Remember:

    You have no rights under consumer law if you change your mind about the goods you have purchased. However, some shops may offer you an exchange as a gesture of goodwill
    The shop is entitled to request proof of purchase, but this doesn't necessarily have to be the shop receipt. You could show your credit or debit card statement if you used one or any other documentation that proves it was purchased in that particular shop or retail chain
    If you received the item as a gift, you will need to have a proof of purchase if you need to return it to the seller for any reason. This can take the form of a gift receipt, which you may need to request from the person who bought the item.

    http://www.nca.ie/nca/faulty-goods


  • Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,318 CMod ✭✭✭✭Nody


    This has been standard Pixmania policy for ages (along with pretty much every other major hardware selling chain); you can search on boards and you'll find multiple threads about it.

    You can of course fight with Pixmania on it but that will not get your item fixed any faster; hence go to the manufacturer and see what they say if you want to get things done quickly or fight with Pixmania for months to get them to do it. Your choice on how important getting something fixed quickly vs. getting it done the right way is.


  • Registered Users Posts: 7,786 ✭✭✭slimjimmc


    OP, what did you say in your original contact with Pixmania.
    Did you invoke a warranty claim or did you invoke your statutory rights as a consumer.

    If you only asked about a warranty claim then that reply is correct, your warranty is with the manufacturer and Pixmania have nothing to do with it.

    However, if you requested Pixmania to give you a remedy under consumer law then that reply is likely to be in breach of consumer law (I don't know what French law has to say about it though).


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  • Closed Accounts Posts: 502 ✭✭✭Seamus1964


    Dealing with a French business would be a waste of time - either the dealer (Pixmania) or manufacturer (Sigmatek).
    slimjimmc: I just did ask return address ( as Pixmania states 2 yr warranty ) did'nt care if seller return address or manufacturer return address..


  • Registered Users Posts: 7,786 ✭✭✭slimjimmc


    Seamus1964 wrote: »
    Dealing with a French business would be a waste of time - either the dealer (Pixmania) or manufacturer (Sigmatek).
    slimjimmc: I just did ask return address ( as Pixmania states 2 yr warranty ) did'nt care if seller return address or manufacturer return address..

    Ok, so you haven't informed Pixmania that you're invoking consumer rights so there's room for 'misunderstanding' (let's face it few companies are likely to volunteer to fix the problem if they can persuade you to claim against warranty).
    You now need to decide which route you want to take... warranty or consumer rights. If you decide that you want Pixmania to resolve the fault in accordance with consumer law then I suggest you state that clearly to them. If you want to use your warranty, then contact the manufacturer directly yourself as the warranty contract is between you and them, not Pixmania.


  • Closed Accounts Posts: 502 ✭✭✭Seamus1964


    Thanks

    But this appears to be very complicated process.
    According PixMania response,guarantee timeframe is over anyway ( reduced from 2 yr to 1 yr ) - that's the key point here.


  • Registered Users Posts: 7,786 ✭✭✭slimjimmc


    Seamus1964 wrote: »
    Thanks

    But this appears to be very complicated process.
    According PixMania response,guarantee timeframe is over anyway ( reduced from 2 yr to 1 yr ) - that's the key point here.

    It's not that complicated at all really,
    under EU directives each country must have law to protect the consumer for at least 2 years if the goods/services were bought in an EU country. That is a basic legal right every consumer has no matter if they live in a different EU country to the retailer.

    A warranty is a separate thing all together. A warranty is a promise by the manufacturer (or sometimes the retailer) to protect you for a defined period under defined circumstances. A warranty does not override your legal rights but a warranty cannot be ignored if you make a claim. If you buy an item with a warranty, the law states that warranty must be upheld as it forms part of the product.
    I seriously doubt they can reduce your warranty after you purchased the item without your consent (check the warranty T&Cs). You purchased a 2yr warranty so you're entitled to a 2yr warranty no matter if they later stopped issuing 2yr ones. The new terms would only apply to later purchases.

    Like I said before, warranty claim --> contact whoever the warranty is with. Consumer rights claim --> contact Pixmania and tell them you want it sorted under consumer law (you've only asked them for a return address without stating you want them to deal with the problem). The European Consumer Centre can give you more advice on dealing with foreign businesses.

    I hope that helps and good luck.


  • Registered Users Posts: 12,089 ✭✭✭✭P. Breathnach


    To my mind, the real problem lies in dealing with a supplier in a different jurisdiction when that supplier is not willing to deal fairly with you. The cost and difficulty of enforcing your rights can be disproportionate to the cost of whatever loss you suffer.

    In general, when I buy things online, I am mindful of the reputation of the supplier. I pay extra attention when that supplier does not have a significant physical presence in Ireland. I also take careful note if they make the deal subject to the law of a state outside Ireland.

    I have dealt with Pixmania in the past and had no problems (they had a good reputation then). There have been many complaints about them in more recent times, and I don't think I would deal with them again.


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  • Registered Users Posts: 2,559 ✭✭✭RoboRat


    Therefore, we can no longer accept the return of this product for a refund or replacement. your product is currently under the 1st year warranty which is with the manufacturer.

    You bought from them so therefore the contract is with them. You can go directly to the manufacturer but thats by choice.
    Some kind of secret "customer service agent" - no names allowed

    Auto generated email I would think.
    Dealing with a French business would be a waste of time

    Pixmania is owned by the DSG group who also own PC World, Currys and Dixons.
    guarantee timeframe is over anyway ( reduced from 2 yr to 1 yr )

    When was it reduced? The timeframe is from what it was when you bought it. If it was 2 years when you bought it, then its 2 years. If its been reduced since that does not matter.

    My question is whether the 2 year guarantee was on the product itself or just a general 2 year guarantee by Pixmania? Generally products come with a 1 year guarantee and from my interpretation of what you are saying, Pixmania were offering a 2 year guarantee by basically extending the warranty themselves. The reason I ask is if the product guarantee was only 1 year then there is not point in contacting the manufacturer directly. If the additional year was offered by Pixmania, and you have this noted on your receipt, then Pixmania are the ones who will have to look after the repair.

    One final question, were Pixmania the actual suppliers or was the product sold via their website through another supplier? Pixmania funnily enough sell products from other suppliers (including competition to the DSG group!).


  • Closed Accounts Posts: 29,930 ✭✭✭✭TerrorFirmer


    Pixmania are brutal. I had an at the time expensive motherboard die, it was Asus I think, and they provided me with the address I had to send the board to: Taiwan, and I was told I was liable for the postage charges. :rolleyes:


  • Moderators, Business & Finance Moderators, Sports Moderators Posts: 14,932 Mod ✭✭✭✭whiterebel


    Pixmania are great.......until it goes wrong:mad:


  • Registered Users Posts: 24 0507


    "This has been standard Pixmania policy for ages (along with pretty much every other major hardware selling chain); you can search on boards and you'll find multiple threads about it."

    Really? That's pretty worrying. I often buy this sort of thing on the net. Any chance you could give me a link?


  • Closed Accounts Posts: 502 ✭✭✭Seamus1964


    Some slight changes:

    After I wrote another letter (as an angry and disappointed man)
    I got RMA number and confirmation email

    I need to return goods to:

    Centre de retour FV
    Batiment A
    Avenue de la commune de Paris
    Zac de la maison Neuve
    91226 Bretigny sur Orge
    FRANCE

    What (according to Google) is PixMania - not manufacturer - postal address.
    I'll post unit back to them tomorrow morning (registered post)

    will see how it goes,I will keep you updated ;)


  • Closed Accounts Posts: 502 ✭✭✭Seamus1964


    Follow up:

    Pixmania:
    Following your request to return your product to us, we are pleased to confirm that we received your package on 2012-03-13 10:02:24.

    Our after-sales service has carried out checks concerning the contents and status of your product, and we have now registered your product as returned for the following reason: After-sales service product.

    You'll find details concerning your returned product below:
    We wish to inform you that your product has been sent to the manufacturer for technical testing. The results of which will be sent to you within 21 working days.

    So far so good..


  • Registered Users Posts: 8 geospon


    Guys they are still the same. I bought from them sony water proof mobile phone which stop working. Official answer from pixmania's service was water damage not covered by warranty :D
    Avoid them by any chance even if you have to pay couple euro more somewhere else.


This discussion has been closed.
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