What are my rights - UK?

I have a 40D purchased the day it came out in the UK, about 5-6 weeks ago.
I am really not happy with the photos it produces most of the time. The focus seems soft, and after approx 1,200 shots I dont have any that I am really happy with.

Boring story :- I was a not very well paid full time photographer at Brands Hatch racing circuit taking action, and static photos of cars, bikes and rally cars virtually every day for 14 years, with a 95%+ sharp focus on all action shots. First with a Canon F1n and for 6 months I used a D60, just after it came out in 2002. I never had a problem with that camera. My point is I do a have a good knowledge of photography.

I rang the camera shop I bought it from yesterday and told them of my problem. ( It could be me, and not the camera, but I hope not!).

The guy was nice, but said they would send it away to be tested by Canon I presume.

But i was wondering what are my rights (in the UK), as to having a replacement camera rather than have it sent back to Canon, as I am quite demoralised with this particular camera body? Again it's about 5-6 weeks old, I have the receipt, and taken 1,200 shots, most of which are cr*p!
TIA

read this: http://www.dti.gov.uk …act-sheets/page38311.html

Basically, if the camera's faulty then you have the right to get it either repaired or replaced by the retailer. However, the retailer would probably claim that a replacement is too costly, and send it to Canon to be repaired. Basically, you can't demand a replacement, but if it's faulty it's up to the retailer to fix it.

You cant demand a replacement, but you can demand your money back. However, I think this may have to be withing a two - four week period.

Not absolutely sure on that one.

if there was an inherent fault from the origional purchase date then you have the right to a replacement/refund/rep​air

seeing as you have used it for a few weeks and taken over 1k shots then i doubt you would get or be entitled to a refund as it could be seen as you have accepted the camera

your contract is with the retailer and as such it is up to them to remedy the problem, which they have offered to do so by sending it for testing, this seems very fair ,it may well turn out that the camera was damaged to start with, in which case you will be entitled legally to a full refund
its more than likely that the camera may only need calibrating

you could of course try to ask for a replacement , but after having used your origional 40d for a while then they may say no

Bear in mind that you need to be able to prove that it's the camera, and not you/the lens.

Are you confident you can you do that, Ben? I got a refund (eventually) on a Nikon D200, but I could prove that it wasn't fit for its advertised purpose - and even then I had to threaten legal action before the shop would budge.

Steve, you can't "demand" your money back. Within a certain (undefined) period most retailers will offer money back, but that's purely a customer service thing: they are legally able to offer refund/replacement/rep​air at their discretion.

Basically, Leo and JBuk are spot on.

I spotted this paragraph in the link below

http://www.monikie.org​.uk/yourrights.htm

" General shoppers' rights. When you shop online you still have the same protection under the Sale of Goods Act that you have when you shop on the high street. So goods should be of satisfactory quality, fit for their purpose, and as described. If goods are faulty or mis-described you are entitled to a refund provided you return the goods within a reasonable time. Online shoppers have the statutory right to a seven-day cooling-off period as they have not had a chance to see the goods before purchase."

Does that only apply to items purchased over the net?

Sorry, not trying to argue, I'm certainly not educated enough in this department, but the link provides some interesting reading.

steveathome wrote in post #4117427
I spotted this paragraph in the link below

http://www.monikie.org​.uk/yourrights.htm

" General shoppers' rights. When you shop online you still have the same protection under the Sale of Goods Act that you have when you shop on the high street. So goods should be of satisfactory quality, fit for their purpose, and as described. If goods are faulty or mis-described you are entitled to a refund provided you return the goods within a reasonable time. Online shoppers have the statutory right to a seven-day cooling-off period as they have not had a chance to see the goods before purchase."

Does that only apply to items purchased over the net?

Sorry, not trying to argue, I'm certainly not educated enough in this department, but the link provides some interesting reading.

basically any consumer has the protection of the sales of goods act, wether it was bought in a store or online

buying online or mail order has extra protection with the distance selling regulations, basically giving you the chance to return the item within 7 days, for any reason whatsoever

have a peek on the DTI website, its all written there in more detail

Thanks alot for your thoughts.
Perhaps I will have to take it back and be without it for a couple of weeks, and see what the outcome is.

Its strange that after coming from the D60, and the 5 years since it came out. I find that the shutter on my 40D "hammers" down in a massive kind of "clunk", which doesnt seem too high quality to me. I can almost feel my hand move during this process.

I just tried the D60 again, and the shutter is sooo nice, smooth and softer during the taking of the photo. Comparing the two at the moment I much prefer the D60 to the 40D shutter. Not sure if this is the problem though!

If you paid by credit card - then just call them and ask them to sort it.

They are jointly liable

best to let it go to Canon for check/repair, at least you will know its okay then (in theory), a new body might have problems.

Sorry to heat of all your troubles, your comment on the shutter, remember to be able to run at 6-5 FPS, suppose it will be different and faster and noisier, if you are looking for an exchange I would go to the shop you bought it off, and see what they have to say.
I am more than happy with my 40D, I think the AF and tracking and image quality is excellent and had plenty of great pictures from it

Contact your local trading standards & they will tell you all you need to know. I heard recently heard that you can demand a replacement/refund within 6 weeks of purchase & you don't have to prove item is faulty. could be wrong though :-s

b1gdaddy wrote in post #4120304
Contact your local trading standards & they will tell you all you need to know. I heard recently heard that you can demand a replacement/refund within 6 weeks of purchase & you don't have to prove item is faulty. could be wrong though :-s

you have definatly heard wrong , apart from the 7 days distance selling regs then you cannot demand any refund/ replacement for an item that is not faulty

some retailers may choose to have a no quibble refund policy, but this is them having great customer service and is in no way enforced by law

Keith R wrote in post #4117354
Bear in mind that you need to be able to prove that it's the camera, and not you/the lens.

No you dont, the law changed about 2 years ago. The Retailer now has to prove its not faulty. Though most people aint aware - Also Restocking fee is also illegal

Probably the best way is to go to the shop with your camera & try it there along with an identical camera & compare the results.

http://www.consumerrig​htsexpert.co.uk/Faulty​Goods.html

I personally wouldnt stand for a repair, I would want a replacement as if its a fault, then its was done when manufactured & not one that has developed over a course of time.
There are ways around it to get a replacement, using the not fit for purpose, etc.

Could you take some tripod mounted) test shots with both cameras for a direct comparrison and post them here?