Hi All,

I bought an iPod for the Mrs from Dixons on 26/12/2009. It has mainly sat in the car glovebox unused. I came to switch it on last night and it's totally dead. No re-set or connection to USB/iTunes has any effect. It does not function, and that is an indisputable fact.

Today I took it back to the local Currys (part of DSG), looking for a replacement or a refund. It is 66 days old. They have refused to refund or replace, insisting that I contact a 3rd party called CRC (no, not THAT CRC) to perform a repair on behalf of Apple. A repair will take a minimum of 28 days, and the Mrs is off on a trip for 9 days on Saturday. She wants to take her new iPod.

I have insisted that my 'contract' is with DSG, not with Apple or CRC, but they claim that I have no contract with them, as they are only a retailer (?). I do not understand their logic.

They will not budge as they only refund or replace within 28 days of purchase. I have highlighted that according to the 1979 Sale of Goods Act "It is the seller, not the manufacturer, who is responsible if goods do not conform to contract." This has been met with a straight denial from them and a repetition of the assertion that I do not have contract with them.

What is my next step?

Your contract is with Dixons, end of. The SOGA 1979 is indeed correct, they must be stupid to deny that.

Contact Consumer Direct for proper advice, more often than not consumer advice threads on here turn into ill-informed clap trap which will probably confuse you further.

http://www.consumerdirect.gov.uk/

this is useful as well.
http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html

Go back to the shop having read the advice so you are sure of your ground. Insist on seeing the manager,. Be polite and firm. You want it replaced on teh spot or your money back.

Given you want it in a week and if they don't play ball then just buy another one and small claims court for your money back

It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

credit card chargeback?

Good point from djglover – give your credit card company a call as you are protected under the Consumer Credit Act, and the credit card company are partially liable for any faults with the product.

Paid by Maestro.

Forget what i just said then…!

Download a court claim form, complete it, go to your local small claims court, get them to issue but not serve it, and return to the shop and serve it on the manager.

That usually changes an opinion of no assistance.

You just need to print off the relevant section of the act and take it with you to confirm with them that the law is on your side.

Top tip – purchase somewhere else like John Lewis. I worked for DSG for a while as a student. I was desperate and the money was good. The 'behind the scenes' was rubbish – nonsense and not nice place to work.