The Law {sales act 1979 }

sargie

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I bought a tm800hd a while back, i have had a replacement jtagged version and i have sat and waited for far too long for your box to perform as advertised.

I have argued with others on here and defended your reciever and for what? Nothing!

Your reciever is still NOT AS ADVERTISED! Under the sale of goods act 1975 as amended an item sold in the uk must be fit for the purpose intended. Sure your box works for watching tv but i can not use the pvr function which was a feature i bought it for. There are many other features still missing and a complete lack of support.

I would like to know if you will refund me for this item or do i have to go to trading standards in order to get a refund now?
 
The Law



A shopper has no legal right to refund an item just because they have changed their mind about it-but most

Stores offer a period of grace.

Faulty goods are entirely different matter, though.

First, when you buy products, your contact is with the retailer and not the manufacturer. If the shop tell you to go manufacturer. They are wrong.

The sale of goods act 1979 says goods must be of satisfactory quality and fit to do their job.

But you have only a reasonable amount of time to get a full refund about a week and not definitely no longer than a month. After that you are no longer entitled to a refund claim but repair or replacement.

During the first 6 month after the sale of a product, it is up to the manufacturer to prove it is not faulty .After that the consumer must prove the item was faulty at purchase,.

The time limit for taking goods back is 6 month. but item must last only for a reasonable length of time.

Also member you have the same rights when you buy something’s on line from a uk –based company as when you make a shop purchase.

You also have an extra seven days to cancel the order unless it is clearly too late, such as when fresh flower have been despatched for you.
 
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Sat Racer .. can I just ask, why not state who you really are ? whats to gain ?

In my opinion your kit is now crap and inferior, people are realising this, only YOU will lose
 
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I don't have a TM receiver and neither do I want one, but I've heard enough from other boards to know that they don't deliver on their promises. It's no different than any other goods, and from what I've read it appears no one seemingly gets their money back. What I am struggling with is the lack of acceptance from the seller or willingness to take constructive feedback and simply hold their hands up and say "we were wrong, sorry guys here is some incentive or a refund"

The other one here is that I'm really not sure what Sat-Racer is trying to achieve, he's neither explained his reasoning or indeed put any context to what appears to be an extract of the sales of goods act to roust some argument, which actually in any case has only served to actually work against him.

I guess the term "give someone enough rope" applies. :)
 
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I guess the term "give someone enough rope" applies. :)

If the original post at the start of the thread was meant to somehow 'clear' TM of anything, its had the exact opposite effect

The outcome of this thread being started is not going to be pretty, i can see it now
 
I don't have a TM receiver and neither do I want one, but I've heard enough from other boards to know that they don't deliver on their promises. It's no different than any other goods, and from what I've read it appears no one seemingly gets their money back. What I am struggling with is the lack of acceptance from the seller or willingness to take constructive feedback and simply hold their hands up and say "we were wrong, sorry guys here is some incentive or a refund"

The other one here is that I'm really not sure what the OP is trying to achieve, he's neither explained his reasoning or indeed put any context to what appears to be an extract of the sales of goods act to roust some argument, which actually in any case has only served to actually work against him.

I guess the term "give someone enough rope" applies. :)

In the interest of fairness if we are going to allow this thread I have moved the post to which i presume SatRacer is replying to into this thread
 
i can read lots of anti tm feeling in here looks like out of 20 models of tm one unit is not a favorite to dance.
so what are going to do ?????
1- send hit man to kill all staff in tm team
2-take tm to curt
3-read uk law and obey
4-break the law and carry on slandering
5-remember tm-800 for life and moan
6-contact tm direct may be you will get some proper response you as owner who paid £250 not to tm direct even but to dealers may be you might good deal from tm smail for life.
7-carry on slanging uk tax payer company for one mistake thay did for next 20 years may be more and get nothing except plasure of moning.
8-fallow writing some useless comment even you do not have one tm receiver
9- Exaggerate and add some more stupid comments as you are competitor and do not like to see tm successful
Which ever category you are if you are genuine contact tm direct i am 100% sure you will get good deal forget about all the rubbish in any forum tm is friend of their customers if even not bought direct.
 
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I've had a few pms within minutes of me removing my posts

I removed my posts as they was seen as damaging to a company and lawyers were mentioned

Be cautious what you post


Sent from my iPhone
 
ive been called the worlds biggest TM fanboy, so ill try to answer the following, from an impartial point of view, as in real life, i dont care what happens either way


1- send hit man to kill all staff in tm team

as satisfying as this may be for some people, it would actually be cheaper to buy a different receiver (not that id know how much it costs to hir a hitman to take out a hwole team)

2-take tm to curt
This could be an option, as satchaser posted at the start of the thread, the unit did not function as described upon purchase, and to a certain extent, still doesnt

3-read uk law and obey
works both ways

4-break the law and carry on slandering
definition of slander: a malicious, false, and defamatory statement or report. the box says the receiver does something, the receiver doesnt. people complain about the missing functions. stating a fact, not slandering a product or name

5-remember tm-800 for life and moan
i had MAJOR issues with a Daewoo car, i spent nearly £5k fixing these 'issues' with promise after promise always letting me down on 'this WILL fix it', and in the end, scrapped the car for £200, ill remember that for EVER, and tell everyone i know NOT to buy a daewoo

6-contact tm direct may be you will get some proper response you as owner who paid £250 not to tm direct even but to dealers may be you might good deal from tm smail for life.
this is actually a good point

7-carry on slanging uk tax payer company for one mistake thay did for next 20 years may be more and get nothing except plasure of moning.
read 5 above

8-fallow writing some useless comment even you do not have one tm receiver
i no longer own a Daewoo, but i used to, and due to the experience i had, read 5 above

9- Exaggerate and add some more stupid comments as you are competitor and do not like to see tm successful
i now own a BMW that i paid £270 for, and for what i want from a car, its FAR better than my £6,000 Daewoo, and for the rest of my life, due to the experience i had, i will say that my battered old BMW is a lot better than the shiney daewoo, again, see 5 above. This DOES NOT mean that i work for BMW
 
I have banned sat racer, I will ban any member that threatens legal action against a member for having a personal view.
If we can't be adult then we can't be a member simples.
 
I have banned sat racer, I will ban any member that threatens legal action against a member for having a personal view.
If we can't be adult then we can't be a member simples.

Good man :) I don't see how there's any legal leg to stand on anyway as people are only expressing the facts on a faulty product. The term freedom of speech comes to mind :)

Best way to protest though is with your wallet. Simply recoup what you can by selling the box on and take your business elsewhere in future :)
 
I think we should thank Sat Racer though for enlightening us on the law concerning crap goods (he seems to know a lot).. If I get this right we should be slagging off the retailers and not TM. I bet they are happy. They might want to reconsider selling their rubbish. If you have the box for under a week you can get refund. If you have it for more than an week but less than 6 months you are entitled to a repair (pigs will fly) or a replacement with the same rubbish (wow and I know I had three). If you have had the box for more that 6 months tough s**t.
 
I've had a few pms within minutes of me removing my posts

I removed my posts as they was seen as damaging to a company and lawyers were mentioned

Be cautious what you post


Sent from my iPhone

OK here goes !

Disclaimer to Digitalworldz (and Rat) .. The following post is my personal opinion and my personal opinion only

Without prejudice -:

After the way TM have treated to everyone (in my opinion) over their TM800 satellite reciever with promises of images, tweaks and fixes that have never emerged, I would strongly urge eveyone who uses or visits this forum to boycott TM and never buy any of their equipment ever again, how could you ever trust them ? there are far superior boxes out there with proper support and much better value for money with owners who do not lie to it's customer base

Be cautious what you buy

So Sat Racer, Dr Linux, Dream (whatever it was), Richard or whatever you decide to call yourself and hide, feel free to contact your solicitors over my post, feel free to PM me in your official capacity as TM owner and I will gladly give you my personal details so you can start proceedings against me .. I will not hold my breath
 
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The following is also my opinion, having bought a TM800HD when it first came out.

I didn't see the exchange between Rat and <insert alias here> (Richard) so I can't comment on that, only that I know Rat was also unfortunate to have bought one and been treated the same as us, if not worse as he had been told things which led him to back up TM's empty promises and backfire on him.... not a nice position to be in. As for threats of legal proceeding due to slandering, well actually the word you are looking for is libel, not slander - wouldn't want you looking stupid and using the wrong words for something would we?

The way I see it, keeping to the facts and not getting personal:

The TM800HD to this day still does not do all the functions it was sold as doing, timeshift/pvr, DTS and certain codecs (off the top of my head). As a user we have been explicitly told to update firmwares etc but still not working as it should. We were promised true Open Source with public release SVN which took sooo long and was disappointing, recalls for overheating and fan fitting, recall for wrong processer code (sweet baby Jesus) and not to mention the USB adapter bodge to get HDD working, having to sacrifce one of the spec offered USB ports to accomodate it - basically a complete nightmare for all involved, including Technomate.

We were offered a refund in one hand, while in the other told that "we would be foolish to do it as the final working image will be done in <insert random number> of weeks and we would all see how great TM/iQ/UR etc are" (paraphrasing).

Fast forward 2 years (although not in the Media Player) and the TM800HD is still not working to spec. I think the last promise was that things would be finished in July 2011 after being promised by the actual Richard himself that they would be working non-stop to get it finsihed and on nothing else.

We have since been told that the 'Team' are now working hard on the upcoming release of the Tm-Twin-OE, and once it's finished they would go back to the TM800 and get it finished. We will have to wait and see about this, particularly as last week SatDrRichard threw a paddy and said TM800 was dead.

For whatever reason, the programming side of this receiver has been a farcical affair led by a bunch of incompetent developers who have been told about fixes and workarounds by 3rd parties for mounts and recording et al, which have been met with silence and never incorprated them into the builds.

Technomate as a public facing base in North London have however been incredibly helpful and no doubt compensated people who actually make contact with them directly or put their minds at ease in some way. This however does not correct the fact that a product has been, and still is, sold in the UK under applicable trading laws. This is also unfortunately marred by the fact that an alleged employee of Technomate (supposedly the Director) registers on here as an alias who is supposed to be an impartial beta-tester who winds people up with his attitude and has a direct line to Technomate decisions.

For someone who has spent £250, and possibly £50 for the wi-fi adapter, on a product which still doesn't work, whilst mocking them for still complaining about it and telling them they can have a new publically untested receiver but still have to stump up approx £100 is completely inappropriate and alienating. Publically admitting 1 product out of 20 models is a failure, but "hey ho, take my word for it, you'll be happy" is not the solution.

Anyone wanting to contact Trading Standards has a right to do so. The history of this product is not as straight forward as citing written fact sheets regarding UK law. There would be enough user complaints to warrant a full investigation by TS and with the facts all publically documented I would not forsee anything going in Technomates favour.

Judging the public's response to all this, the only solution I would imagine that could rectify the problem and save what is left of TM's reputation is for someone OFFICIALLY from Technomate to post an apology on their website, admitting the problems and offering a straight swap for the new Twin when released, or a full refund, both upon return of TM800 and receipt of purchase. Also recommend your distributers to withdraw sale of the TM800 until is finished to a point that all specified functions work as to be expected by a FTA receiver.

Unfortunately I don't see that ever happening, specifically a public acknoledgment or fault and apology.

Reagarding DigitalWorldz, they clearly have no offical affiliation with Technomate or any other manufacturer. Their does however seem to be a feeling of unhappiness from users with how aliases are allowed to operate under the guise of free speech, and how some threads are removed instead of being pruned and promoted as warnings to prospective buyers. In recent weeks there has been a lot of users joined having been trapped by and asking about common pitfuls. There is no doubt that OTT rants and 'the usual trolling brigade' should be reprimanded appropriately with forum rules, and usually they are but it leaves other users really pissed of when their legitimate posts are culled because some others are fed up with reading rants.

As a buyer of TM800 you have the following options:

  1. contact Technomate directly and demand some kind of solution.
  2. contact Trading Standards with a level head and well presented argument - everything is documented on here if you can find it.
  3. cut your loses - ditch the TM800 and put it down to bad experience.
  4. do nothing and see how things turn out with TM's promise it'll be finished.
  5. feel free to calmy warn users about your experience with TM on appropriate threads, just as you would an opinion on any other product/manufacturer good or bad you've had experience with.

 
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The Law
But you have only a reasonable amount of time to get a full refund about a week and not definitely no longer than a month. After that you are no longer entitled to a refund claim but repair or replacement.

During the first 6 month after the sale of a product, it is up to the manufacturer to prove it is not faulty .After that the consumer must prove the item was faulty at purchase,.

The first part is not correct. "no longer than a month" - that's not in the law.
The contract of sale is between you and the shop. If the goods do not "conform" then you are entitled to recourse no matter how long it has been.
The burden of proof does shift, however, in this case, if TM have advertised A, and the box has never done A, then that is proof enough, it does not conform.
Also, fixes, or updates, etc, do not affect your legal rights in this regard.

You will be able to get a refund, or replacement. Now, if the TM boxes that are "new" still don't do what is advertised, you won't get a replacement. Further, if you have had use of the box for an amount of time, you may only be entitled to a partial refund. That is something which is a nightmare, as you will want nearer the full amount, and the retailer will want to give you nearer nothing, and more often than anything, you would need to go to small claims to get a judgement, and then probably go back to court to actually get that enforced.

You have to go after the place you bought it though, your contract is between you and them.
 
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