Uk sales of goods act states.

The place for questions about shooting with Blackmagic Cameras.
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Dan MCcready

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Uk sales of goods act states.

PostTue Apr 08, 2014 9:44 am

This is just for people in the UK that have faulty cameras/items that they have just bought.
So people can understand the UK law on sales and what rights they have.


What does satisfactory quality mean?

Goods are of satisfactory quality if they are of a standard a reasonable person would think was satisfactory at the time of sale.

Be fit for purpose

Goods should be fit for all the purposes this type of goods is normally used for. For example, a toaster must be able to make toast and a washing machine must be able to wash clothes, a TV must have a good picture without faults that effect the image, a camera must be able to take pictures that was stated.

Be of satisfactory appearance and finish

You can expect a new item to have a good appearance and finish. If it doesn't, it's probably not of satisfactory quality, even if it has no other faults.


Be free of minor defects

Something with minor defects is not of satisfactory quality, even if the defects could be repaired.

Be safe to use

Something which is unsafe isn't of satisfactory quality. A seller who is selling things that are unsafe may also be committing a criminal offence and should be reported to Trading Standards.

Last for a reasonable length of time in a reasonable condition

The Sale of Goods Act 1979 doesn't say exactly how long goods should last. The general rule is that goods should last for a reasonable time and in reasonable condition. For example, a new car should last for several years in a reasonable condition but you may need to replace some of its parts over time.

If goods don't last as long as they should, they probably weren't of satisfactory quality when you bought them.

You may need an expert's opinion on how long a particular item can normally be expected to last.

Advertising and statements by traders

Claims made by sellers or manufacturers about the quality of goods in advertising materials like brochures, leaflets and magazine adverts, must be true. If you were persuaded to buy something because of claims made in advertising material which turns out not to be true, you can use this as evidence to complain that the goods aren't satisfactory.


Faults brought to your attention

You can't claim that an item isn't of satisfactory quality if it only has faults you were told about before you bought it by the seller or manufacturer.

You don't have to examine items before buying them. This means that if you haven't spotted something wrong before buying an item you can still claim it isn't of satisfactory quality. This applies even if you would have spotted the defect if you'd examined it closely. However, if you don't complain quickly, you may have to accept a repair, replacement or partial refund, rather than a full refund.

What can you do if goods are not of satisfactory quality?

If goods aren't of satisfactory quality you have the right to return them to the seller and claim a full refund.


What's meant by 'goods must match their description'

Nearly every sale of goods involves a description of some kind. The description may just be the label on the goods or the wording, or photograph on the packaging. Sometimes the description is a verbal or written description given by a salesperson. For example, a used car may be described by a garage salesperson as being a 2003 model.

A description is particularly important if you're buying goods you have only seen described or pictured in a catalogue or on a website. The goods you buy must match any description you were given by a salesperson and must also match any photograph.


Misrepresentation

If a business seller makes a false statement to persuade you to buy goods, they may have committed a criminal offence. You may want to report the trader to Trading Standards who have power to investigate this type of offence.

If you think you've bought something because of a false statement made by a business or private seller, you may have the right to end the contract and get a full refund. The law that gives you this right is the Misrepresentation Act 1967.

If you're in this situation, you should get advice.

What can you do if goods don't match their description?

If goods don't match their description and you have only had them for a short time and not used them, you should return them to the seller and claim a refund.

You can do this regardless of where you bought the goods, for example in a shop, on the internet, or from a catalogue. It also doesn't matter whether you bought the goods from a private seller or from a business.

You should say that the goods have been 'misdescribed' and you would like a refund under the Sale of Goods Act 1979.

If you've had the goods for a while, you may have lost the right to a refund, but you can still ask the seller for a repair, replacement or some of your money back.

In practice, it can be hard to prove that someone gave you a false description of goods if you don't have anything in writing. If you have anything in writing at all, such as sales literature, an advertisement, packaging or a webpage, you should always keep a copy as proof of the description given of the goods.



This shows you that under UK law the items must come with what is stated on the literature, if it says it, it has to be there or they have Misrepresented the item and you can at least get compensated for this.

It doesn't matter if the seller has dropped the price, unless they state it is because of the faults or issues with the product.
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Richard Oakes

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Re: Uk sales of goods act states.

PostTue Apr 08, 2014 10:11 am

I stated this a year ago, that what blackmagic are actually doing is illegal, selling defective products that don't do as advertised. But everyone laughed at me. It seems people are beginning to see my understanding of it now.
Richard Oakes.
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aoc

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Re: Uk sales of goods act states.

PostTue Apr 08, 2014 10:54 am

After the recent developments I've been thinking if would be the right time to take a more practical (and organised) mesure against this situation. Blackmagic Design is mis-selling its cameras (companies can't sell a product that doesn't offer what is printed in the package. full dot).

We're not happy with this. It'd be worth to group with other unhappy customers and move into a group action against Blackmagic Design?

I also think if this would not be another massive waste of our time... Remember: The big guys don't waste their time with Forums, or mis-selling goods or hot pixels or undelivered RAW files... They are making money and interesting projects with a proper gear (read cameras that deliver).

As much as I love producing special images and telling good stories with them. I depend on these tools to make my living. I'm tired of seeing creative people like me wasting energy and time (money) hoping to have some attention or consideration by a very greedy business model.

Blackmagic doesn't give a minute of their thoughts to people like us. They're aiming to reach more profitable markets instead. (there's no love in business - If we had the money to buy Arri/ Red/ etc we'd not be here!).

Cutting short, It's been about one year since I pre-ordered the BMPC camera (plus my time spent with research in many forums like this, I've been fallowing BMD since they launched the cinema camera). I received the BMPC six days ago, one week before they launched another of their tricks. I'm tired of this game... My conclusion is that we should use our precious time to produce good films instead.

GOOD LUCK WITH YOUR WORLD DOMINATION PLAN! I PASS!

Alex
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Dan MCcready

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Re: Uk sales of goods act states.

PostTue Apr 08, 2014 11:04 am

Darkfable wrote:I stated this a year ago, that what blackmagic are actually doing is illegal, selling defective products that don't do as advertised. But everyone laughed at me. It seems people are beginning to see my understanding of it now.


Some people will just bury their heads and we can't help them but, others that feel they have been miss sold need to put pressure on Bmd, otherwise nothing will ever change.

And don't get me started on the "let's pat Bmd on the back for their great cameras at a price we can afford brigade" please. If they worked without issues then great but?
I was one of the first to get the 4k, but didn't have time to test it as I've been really busy. I shoot a lot of music videos with extreme lighting and I just can't use this camera with the black hole issue and the quite frankly dodgy grainy image.
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Dan MCcready

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Re: Uk Sales of goods act states.

PostTue Apr 08, 2014 5:14 pm

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Emanuel Neculai

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Re: Uk Sales of goods act states.

PostTue Apr 08, 2014 5:21 pm

Macksey wrote:Maybe this is the next step?

http://www.gopetition.com/how-to-start-a-petition.php



    Start it! Post it! And I will sign it (as a BMPC4k owner) , also i have 3 more weeks before B&H return policy expires. I have worked really hard for this money to just throw it away ...
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    goodluckdesigns

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    Re: Uk sales of goods act states.

    PostTue Apr 08, 2014 5:25 pm

    Macksey wrote:Maybe this is the next step?

    http://www.gopetition.com/how-to-start-a-petition.php



      You would have my signature.


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      Good Luck Designs

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