Creative Fata1ty

[Benny]

I've had 2 pairs of Creative Fatal1ty headsets and both have developed the same fault. In the first instance I put it down to bad luck and bought another pair. The second time around I was a bit more cynical and did some research and found I wasn't the only person to have the fault.

Essentially there is an inline mic/volume switch and the cable going into the casing is very thin and not particularly well protected from tension. Inevitably the solder breaks. Given steady hands and a very fine soldering iron it's fixable (although I did fix the first pair with a knife and a blowtorch) I'm somewhat disappointed that it's an eminently avoidable situation impacting what has otherwise been an excellent product.

I've raised a case with Creative for both sets and have run into the 'proof of purchase'. I don't have one for what was a £25 purchase nearly a year ago. I've supplied photo's and packaging which I do have, but they have suggested I go to the shop and ask them. I'll let you know how it turns out, but I was hoping that having shown some loyalty (2 sets of headphones) they may bend the rules. Let's see how they treat customers.

Excuse me Mr PC World, do you have footage on the CCTV of me buying a pair of £25 headphones last year. It would have been somewhere between December and April and I would have paid cash....Yes, it could have been my missus......No, I'm not 100% sure it was in your shop......yes, that's right, I'd like you to waste hours for my £25 headphones.......that may have come from your place....

[T-Bag]

If you paid by card PC world will have a record of the sale that they can look up for a few years, which might help. It's been very useful in the past as I never keep the receipts. If you can track down the day of purchase on your bank statement first it makes things easier.

As for the fatality headphones themselves. I had the USB version which I never really found comfortable (ear cups too small for extended use), they gave up after less than 6 months (the USB side of things packed in) so I've never much rated their build quality. I'd ordered them online so it was easy to send them back and got them replaced with a Razer 5.1 set (Some revision of http://www.overclockers.co.uk/showproduct.php?prodid=SP-000-RC), which have metal joints and thick cables and have lasted me since April 2011.

[Tutonic]

I don't think you'll get any joy out of PC World without a receipt, especially if it was a cash purchase

I'm surprised that Creative want proof of purchase, surely they're obliged to replace a faulty product without needing that? I'm sure Smilo will be along shortly to dispense his Expert Legal Adviceâ,,¢.

[Ranualf]

if your product develops a fault within the first 6 months, then they are bound by contact law (i.e. you bought it, they gotta fix it) after that, proof of purchase is required.
After 1 year- the usual standard warranty applies on most goods, they are simply not interested, unless you can prove its a design / manufacture fault, then they should really be looking into it, but don't hold your breath...no, don't really !

[TeaLeaf]

This won't help, but one of the reasons I like online purchases is the email that gives me my receipt.   It's got me out of trouble on a number of occasions when having to RMA something or get a replacement.

[Blunt]

This won't help either, but our receipts always get stuffed into a file in the kitchen drawer.

[Benny]

Oh I'm not expecting any joy from it, I'm simply annoying them by email. For the sake of £25 I can't be arsed to go to PC World and ask for receipt proof etc.

Generally I would buy online, but I must have been desperate that day!


Edit, thought I'd try my old email receipts folder and found the first pair's proof of purchase....Dec 11th 2011, let's see if they assist now

[TheDvEight]

Hopefully they do GL & let us know.

[T-Bag]

Oh I'm not expecting any joy from it, I'm simply annoying them by email. For the sake of £25 I can't be arsed to go to PC World and ask for receipt proof etc.

Generally I would buy online, but I must have been desperate that day!


Edit, thought I'd try my old email receipts folder and found the first pair's proof of purchase....Dec 11th 2011, let's see if they assist now

I've had a quick read online (VERY QUICK), and it turns out that the responsibility is with the seller. If you can show the goods were defective when you bought them (wires that aren't fit for purpose due to lack of strain relief sounds like it would count) then you have up to 6 years to claim from the seller. The responsibility is on you after the first 6 months are up. Before then if something is broken it's assumed it was defective at sale. So basically if they've had loads of refunds on that product (which they likely will have had) then they'll be obliged to give you a refund. Plus since that is near enough to the 1 year mark where the manufacturer has to take it back no questions I imagine they'll take it. PC World have always been really good to me with refunds.

[smilodon]

Cheers Tutonic, I do one free elective at Uni and suddenly I'm an expert.

PC World have a reasonable right to require a proof of purchase as you could have bought the product from anyone. They can reasonably ask for proof you bought it from them before replacing the item.

As far as Creative are concerned they have less right IMHO to demand proof of purchase. They made the product and irrespective of where you bought it they have a responsibility to prove the goods 'fit for purpose'. Legally you could have an argument tor get a replacement from them.

Retail outlets and on line sellers generally provide a guarantee that they will repair, refund or replace a product that breaks within a certain time span, usually one year. You don't have to prove that the goods were defective when you bought them, just that they've packed up at some point and not broken through your own sausage fingers. Legally in the UK you're covered by the Sale of Goods Act for six years on consumer sales. You need to prove that the goods were either defective when you bought them or that they were not built to last as long as expected eg. a product that works fine but falls to bits after a month. The terms used are 'of merchantable quality', not sold with faults or manufacturing defects and 'fit for purpose', actually designed and built to do the job they were designed for.

Another poncey legal term is jointly and severally liable. This basically means that the manufacturer, retailer and any provider of credit (credit card company) are all liable under the Sale of Goods Act. So you can go after any of them for a refund.

But as you say you're probably on a hiding to nothing. You could mention that you've written to Which Magazine for some guidance about Creative Labs disinterest in your problem. Might frighten them enough to throw a voucher your way?

(This is where posters put a disclaimer about them not being a legal expert and for readers not to trust anything they've just read as expert advice which is sensible and very true in this case..... but I live for the danger so bring it on you No win no fee legal vultures)

[Benny]

Well well well, they've just given me an RMA on one of the pairs. Live and learn.

[Luminance]

Hmm, maybe next time I throw away a pair of fatal1ty (I'm at my 3rd pair in a >5 years now) I should research a bit more.
Hadn't thought the solder might have given away...

[Benny]

I've got a spare broken pair now if you want them

It's the wire going into the volume control, there's not enough protection on it so it pulls the connections out. Google tells me I'm not the only victim, what's annoying is that I like them, they sound solid, the cable is extremely long and the detachable mic stops me looking like a gimp when I'm just listening to music...

[BrotherTobious]

the detachable mic stops me looking like a gimp when I'm just listening to music...

Nope can't see it mate.

So I take you tried taking back pchell and they won't play ball?

You could always get some good music one and the purchase a reasonable tie mic which you only need to use when playing games.

[Benny]

All sorted, Creative are RMA'ing them.