Re: Halfords convienetly forgets the SOGA

M.I.5¾ wrote:
"Claire Rand" <claire@xxxxxxxxxxxxxxxxx> wrote in message news:Ef-dnYebRbytFh_anZ2dnUVZ8tOmnZ2d@xxxxxxxxxxxxxxxxx
ABC wrote:
Popped into my local Halfords yesterday and saw a printed notice (obviously the manager had knocked it up on the computer in the office) attached to the cabinet displaying the Sat Navs. Obviously the store forgot about their obligations with the Sales of Goods Act:


Due to Software Licencing ALL SATELLITE NAVIGATION units are EXCLUDED from our 28 day refund policy.



NO REFUNDS ON SAT NAV



After 28 days, the warranty of your unit will be with the manufacturer and not Halfords



If a fault is found after 28 days, your unit will be repaired by the manufacturer.







SORRY BUT THERE WILL BE NO EXCEPTION TO THIS RULE






Speaking as someone who managed to get a full refund on a sat nav from Halfords...

the argument they used was basically that the unit contains software, and as such need not be refunded due to 'licensing reasons' and since it contained a 'pocket pc' computer the fact it may or may not work was 'to be expected' (the latter according to tom tom not halfords).


Under the SOGA, goods sold must be fit for the purpose for which they are sold. I am not aware of any provision in the SOGAs that exempts Sat Nav systems or Pocket PCs (or indeed any PC).

Which Is what I told them, and what trading standard told me, just in general you end up arguing over anything with a computer involved.


Mine was basically DOA which helped (kept crashing & needing a hard reset with a paper clip every few hours, apparently this was considered 'normal', at which point i laughed)


No it was defective at the point at which it was sold - the law says so.


exactly

never managed to complete a conversation with it as a hands free kit, and the antenna for picking up over the air traffic info won't work "in the middle of nowhere" (direct quote from tom tom), worth noting this description apparently applied to the M1 between J28 & J37.


You were clearly talking to a clueless idiot. GPS systems will work anywhere on the planet (and quite a way off the planet) as long as a reasonable view of the sky is available.


oh the GPS worked fine, it was the things refusal to pick up the over the air traffic info except when the moon was full on the third thursday of the month...

[snipped for brevity]

in essence I take this to mean you *won't* be 100% happy with the $whatever since it *won't* do all the adverts said it would.


The advertisement forms part of the contract of sale. If it doesn't do what the advert says then.

a) The contract has been breached.

b) The advert is false (which comes under the heading of Trade Descriptions).

if the shop & manufacturer won't stand behind their products... well you get the idea.


.

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