Could someone give me some advice please.

Hi Charlotte

I think you are right not to send anything off, but it might just be that Pentax will sort this out without the need to take things further. You probably have the e-mail address of the CEO, but it's easy enough to find.

I would think that Pentax probably would help, especially as it's a known fault and it can't be doing them any good to have this discussed on the main UK Pentax forum. I have to say that I'd be reluctant to buy something expensive like this from Amazon given your experience.

Just bought a new lens from SRS because of the warranty rather than price and your problems figured in my decision!

Amazon works very efficiently within its rule structure, so that's always worth bearing in mind. This can be very good, but could be difficult.

If, for example, I buy a 5 DVD boxed set of something and it takes me two months to watch it all, if the last disc is faulty....it's too late. However, it's also a fraction of the High Street price, so the choice is there.

You should perhaps add to your pondering that Amazon are likely to be relying on the following clause in their terms and conditions, which you will not be surprised to hear almost certainly works to your disadvantage:

'These conditions are governed by and construed in accordance with the laws of the Grand Duchy of Luxembourg, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.  We both agree to submit to the non-exclusive jurisdiction of the courts of the district of Luxembourg City, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in Luxembourg or in the EU country in which you live.'

In other words, Amazon.co.uk is, legally speaking, sitting in an easier place than if it had chosen to administer its UK activities in the UK. The 'co.uk' part of its title means little: it is sailing under a flag of convenience. You can use the courts in the UK to pursue a claim, but it will be under more restrictive legislation than the UK's SOGA.

Pentax may be more concerned about losing a customer than Amazon.co.uk, which is much more bothered about not submitting itself to the consumer legislation that exists in the place where it does almost all of its business. So, an enquiry to Pentax may be a good idea. You are still covered by EU legislation, so don't dismiss the idea of pursuing a claim if you have the stamina. But you'll want your camera sorted out sooner rather than (much) later.

At least you know you are dealing with a reputable company there then Chris.

John,
With the greatest of respect it's one thing buying a DVD set for £20 or so - the k-r cost me nearly £500 and I don't think it was cheaper than anywhere else at that time, I bought it from Amazon because I have had an account with them since they first started and it was easier. Most of the Camera specialists wouldn't send to France and prices in France are an awful lot more expensive than the UK for items such as this.

Kind regards
Charlotte

Thanks Christopher,
That explains their behaviour then, I quite understand why people cave in.

I'm not in a complete panic at the moment because a very kind gentleman has donated me his K20D so I'm not camera-less as the moment, I was suffering withdrawal symptoms for a while though.

I think if I hadn't been loaned the K20 I'd be cursing the fact that I ever picked up a camera in the first place to be quite honest with you.

Kind regards
Charlotte

I was just pointing out the way Amazon thinks Charlotte, not for a moment comaparing the two purchases per se.

It's a bit late, but SRS will send to the EU.

Sorry John I don't believe that is correct. First of all Amazon's rule structure does not affect your statutory rights, i.e. Sale of Goods Act 1979 and subsequent amendments. In your DVD secenario above within 6 months the onus is on the retailer to prove that the fault didn't exist when they sold it to you. After 6 months the onus is on the buyer.

In Charlotte's case her claim is one of reasonable durability and she can pursue a claim for repair. She can send it to Pentax or go to a local camera shop to get a quote. It doesn't matter as long as it is independent.

With regard to location then if it was bought from Amazon.co.uk they are based in Slough so SOGA applies but Luxembourg is part of the EU anyway and claims can be brought under similar EU legislation since she resides in France (also part of the EU).

I agree with you, I'm sure you're righ,t but that's not what I'm talking about. I'm making the point that their system works flawlessly within their time frame for returns, and with more difficulty outside of that.

There would be less aggravation with SRS, in my opinion.

That's correct, the SOGA was recently amended by the EU so still applies despite amazons policies trying to wriggle out of their responsibilities.

They are actually breaking the unfair contract terms act by claiming they are contracting out of SOGA for consumer transactions.

A case like this will be very easily won by the consumer.

Did you by any chance pay with a credit card??? If yes you can apply for a chargeback for receiving faulty goods under the consumer credit act section 1974 section 75 which makes the credit card company equally liable as the retailer.

Get in touch with your credit card company quoting section 75 of the consumer credit act and that you would like to do a chargeback on the transaction.

This link is instructive, though the headline is rather misleading: http://www.guardian.co.uk/money/2010/may/01/amazon-luxembourg-improved-consumer-...

The news item is two years old, which indicates how difficult it is proving to effect change or even compliance. One of the items highlighted is a Canon camera that failed after 18 months, which (like Charlotte's camera) Amazon washed its hands of.

The moral is, where you can, buy expensive stuff from a UK retailer (which Amazon.co.uk is not) unless you are confident there is little risk of failure or you enjoy Russian roulette.

Charlotte,
Try moneysavingexpert.com there is advice on claiming,if you paid by credit card they should chargeback until its sorted.The link will show the E.U law on lasting a reasonable time,which with a credit card payment I claimed on a dishwasher.
Hope this helps,
All the Best,

Thanks everyone.

I don't have a credit card. I save a bit of money each month and when I have enough I buy whatever we've been saving for. I'll check the bank account and see if there is anything there, but ...........

Thanks for the link to the Guardian Christopher - It seems nothing much has changed since then.

Thanks again everyone, all of your help is greatly appreciated.

Kind regards
Charlotte

Just a quick update for those interested.

I've received this from Pentax;

So the k-r will be winging it's way to JPS and hopefully that will bring this to a close.

I shan't hold my breath though this K-r is cursed I tell ye, cursed it be.


Thanks to everyone for their advice and support - will update further when I have anything else to report.

Kind regards
Charlotte

Hi Charlotte

That's great - hopefully the end is in sight and you will have a K-r again