[Gllug] Warning: copy control CD

[Davies Sue]

There is always the possibility that this could be an offence under the
Trade Descriptions Act 1968.  It is an offence to apply a description that
you know to be false to goods that you manufacture or sell.  If the term CD
has a definite meaning and this doesn't fall within that meaning you may
have a case.  Trying to get your local Trading Standards Dept to take it
seriously may be another matter.  

Sue

-----Original Message-----
From: Tethys [mailto:tet at accucard.com]
Sent: 19 February 2003 09:33
To: gllug at linux.co.uk
Subject: Re: [Gllug] Warning: copy control CD 



Bernard Peek writes:

>If a "CD" really is not "fit for purpose" you could instruct the 
>retailer to repair it so that it works. You do not have to accept a 
>refund.

I think you'll find you do. The wording of the law says they're obliged
to give you a "refund or replacement". It doesn't say you can insist on
one or the other, and it doesn't say who (of the consumer and the retailer)
gets to decide which it is. This can lead to an awkward situation where
you demand a refund and the retailer is only prepared to repair or replace
the item. In situations like that, the retailer has the upper hand, and so
is in a better position to get their way. Oh, and don't accept a credit
note, either. By doing so, you're legally waiving all your rights.

I found all this out the hard way after buying a guitar from a dodgy shop
in Denmark Street...

Tet

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