Faulty digital camera

Q: Last November I purchased a digital camera as a Christmas present for my son. When he started using the camera, he immediately noticed that even though it functioned properly, it drained the batteries very fast. He presumed the batteries were at fault and so purchased new rechargeable ones.

However, the new batteries did not solve the problem. The batteries still need to be recharged after only a short time, otherwise the camera indicates low battery levels and cannot be used.

My son also tried charging the new batteries in a separate charger to eliminate the possibility that the battery charger was faulty. The problem clearly lies with the camera, which is still in pristine condition.

When I contacted the retailer where I purchased the camera from, a salesperson told me I should contact the warranty issuers myself. In other words, I should contact the UK company that issued the guarantee. I was also told that the local retailer is only responsible for the item sold for one month from the date of purchase. After insisting that I should deal with my retailer since I bought the camera from them, and not the overseas company, I was asked to send an e-mail with my complaint.

This camera has a three-year guarantee. Am I entitled to a refund? Who is responsible? What are my rights?

A: When a product purchased results faulty, we, as consumers, have certain legal rights which the seller needs to adhere to. Regardless of whether the product purchased has a commercial guarantee or not, should a product prove defective within the first two years of the date of purchase, then the law entitles us to either request repair or replacement of the defective product.

A refund can only be requested when these two remedies are not possible or to be effected they would cause us significant inconvenience. Whatever is written on the commercial guarantee, these remedies should be provided by the retailer from whom we purchase the product.

However, the law does not cover defects that are a direct result of wear and tear or misuse of the product.

Should you, on the other hand, decide to use the commercial guarantee (warranty) to obtain a remedy, because perhaps it gives you more benefits than the law, then you will have to adhere to the terms and conditions of the guarantee, and if the guarantee states that it is the UK company that is responsible, then you should contact this company to have your guarantee honoured.

In your position, I would insist with the retailer that legally they are still responsible for the camera, therefore I would request that they replace it if it cannot be repaired. If they still refuse any form of responsibility, then you should file a complaint with the Consumer and Competition Division.