Sparks68 Speaks

Photography, Art, Life

24 notes

My Letter to Maplin Customer Care

I purchased a Quick Play LP - USB-Powered Vinyl-to-MP3 Turntable on the 28th December 2011 from your store in Walsall (Crown Wharf). Once I got the chance to use the item I was hugely disappointed with the quality of the MP3 files it produces.  I adjusted the settings on the laptop I was using, but no matter how high I set the recording levels the resultant files were very, very quiet.  In fact the only way they would be usable would be if I opened each individual file in an audio editing program and increased the volume (gain). The claim on the box states “Quickly convert your vinyl collection to MP3”, but with having to edit every single track to increase the volume it is far from quick.

I decided that I would return the item, get a refund and look for something else that would do the job instead. Checking the returns policy on the receipt and the website I was just within the 28 days.  After all under the sale of goods act, you are obliged to give me my money back, as at least two of my three statutory rights had been breached;

  1. that the item is damaged
  2. of poor quality - Low volume sound capture meant that files needed further manipulation before they were usable
  3. not fit for purpose - Clearly it was not doing a reasonable job (i.e ‘Quickly’ covert vinyl to MP3) as extra work was required to make them usable


Returns Policy
We offer a 28 day returns policy. We want our customers to be 100% satisfied every time they shop with us, should you change your mind we are here to help.
If you are not completely satisfied with your purchase, you can return the item to us in its original condition within 28 days of receipt and we will issue a full refund, or replace the item, if preferred.


I explained the issue to the Store manager and he agreed that it didn’t seem right, so I asked for a refund.

I was amazed when he refused, claiming that I was outside of the return period.

He pointed out the Christmas Gift Policy on the receipt, which stated;
We are extending the Maplin return policy to cover gifts purchased for this Christmas.
Items purchased during November & December 2011 can be exchanged or returned in their original condition, up to the 15th January 2012


He went on to say that because I had purchased the item during December, that I ONLY had until the 15th January to return for a full refund. He offered me a credit note/vouchers.  I pointed out that surely the purchase date of 28th December was a big enough clue to prove that this was not a Christmas Gift but he insisted that the policy covered ALL purchases in November and December.

I obviously protested, claiming that the receipt stated that the normal returns policy was 28 days and I was 4 days within that limit. He was unmoved and repeated his claim that any Christmas purchases had to be returned by the 15th January 2012.

I pointed out how ridiculous that sounded and gave an example of an item purchased on 1st November would have a 75 day return period, yet my item had just an 18 day return period.
I also pointed out the phrase “We are extending the Maplin return policy” from the receipt. The use of the word extending (definition: To cause (something) to be or last longer) was clearly intended to allow Christmas gifts, purchased in November and December, a longer return period in case they were unsuitable.  It also implied that this policy was an addition to the normal 28 day policy.

I also pointed out that had I waited until the 1st January (just 3 days later) I would be be able to return the item up until the full 28 days (29th January 2012), but because I purchased the item on 28th December he was insisting that I needed to have the item back by the 15th January at the latest, thereby losing 10 days from the normal returns policy period.

He was unwavering and repeated again that I was outside of the returns window and he could not therefore refund on the item, even though it was only purchased 25 days ago and was within the 28 day return policy period.

His colleague then joined in the conversation, stating that they “would be sacked” if they refunded on the item, which seemed a little severe.

So we reached an impasse, he was refusing the see the nonsensical situation the policy had put him in and I was failing to understand how purchases at the start of November had an extended return period up to 75 days, yet my item, purchased a mere 25 days ago did not warrant a refund.

I even asked him to consider, as a consumer, just how ridiculous the policy sounded and he said he could “hear what I was saying”, yet he flatly refused to budge on his stance and application of the Christmas Gift Policy.

So I still have the item, which is not performing the job I purchased it to do, and I am now unable to get back to the store until after the 28 day returns period has expired, so it seems that due to a ludicrous interpretation of your Christmas Gift Policy I am now lumbered with goods that I cannot use, do not do what they claim and therefore I do not wish to keep.

Just to show how farcical the application of the policy is I have created a returns period graph to show how the consumer is left short changed during the purchase period between 19/12/2011 - 31/12/2011, where the return policy period dips below the standard 28 days quoted on the receipt and on your website.

The chart below shows the normal 28 day (purple) returns period and the extended Christmas policy (blue). It also shows the period where this interpretation of the policy leave the consumer at a disadvantage (pink) as the returns period reduces to below the normal 28 day period, down to just 15 days for purchases made on 31st December.

Graph of the returns policy

Surely the store have misinterpreted the rules here and have failed to take a common sense approach to the application of the policy. I was brought up in an age where the customer is always right and I foolishly thought that this was still the case. But is seems, despite a compelling argument against the stance of the store staff and the ridiculous nature of the policy they were enforcing, I was clearly wrong.

I am hoping that you will be able to confirm otherwise and apply some common sense to this absurd situation.  I am also hoping that you will confirm the policy in my favour and arrange for a full refund from the store for next weekend when I can return the item (remembering that by then it will be outside of the 28 day return policy).

***UPDATE Sunday 22nd January 2012***

Called Customer Service and explained the details above, there first response, “But you purchased the item on 28th December, so it’s not a Christmas Gift”. At last someone with some common sense.

They then put me on hold while they called the store. When they returned they advised that the store had made an error and if I returned the item I would get a refund. I explained that I may not get a chance to get back there until next weekend (after the 28 day return period) and they gave me their name and told me that the refund would be honoured.

I decided to deal with it straight away and headed back to the store to try again. 

The same manager, Michael, was on duty. He called me to the till and I opened with “Let’s pick up the conversation from yesterday shall we….”

He dealt with the transaction with minimal input from me, other than to confirm my postcode, address and name, and he handed me the £30 in cash.

I asked if that was all, he looked puzzled. I suggested that an apology might have been in order, at which point he claimed I had not given him a chance to speak. I’d hardly said a word since entering the store!

The mistake was one thing, his hard nosed reluctance to admit he was wrong and offer an apology for his his misinterpretation  of the policy was inexcusable. He protested some more and only after I had explained that an apology may have diffused the situation did he, albeit through gritted teeth, offer a miserable excuse for an apology.

I will now wait until the Customer Service department reply to my original email and then I will certainly report the deplorable attitude of this store manager. Shocking.

***UPDATE Wednesday 25th January 2012***

Received a prompt email reply from customer care to my follow up mail on the issues detailed above. I’ve slightly edited the reply, but the outcome is clear to see, they were keen to right the wrong and I appreciate their gesture.

“In my experience of Maplin which as of today chalks up 13 years, I do genuinely feel we have on the whole a great team at HO and in the store environment. However for all the procedures and training you put into place, you cannot guess how some staff may react on a given day.

The trouble sometimes is we all may get it wrong and try to cover our tracks as it can be hard to own up. I think you gain from experience that honesty is the best policy and if you make a mistake, people will always think better of you if you say so. I do feel sure this will be a good lesson learned.

I hope you will still return to Maplin over time and you have the knowledge we can deliver the customer service we all know should be provided, after a visit before Christmas. I will send the gift-card today which can be used in store and online also.”

I think that finally closes the matter and I am really pleased with the actions of the Customer Care team, they have gone a long way to repair the damaged customer relationship.

Filed under Maplin Consumer Refund Policy Jobsworth Farcical

2 notes

Taken in Civitavecchia, the port of Rome, from the deck of the Carnival Magic cruise ship. The Ruby Princess cruise ship left port shortly before us and I was able to capture a stunning sunset image as the ship crossed the path of the setting sun on its way to their next destination. The flock of birds arrived on cue, as they do when these large ships leave port, to complete the image.
Image for sale at http://www.redbubble.com/people/sparks68/art/7685984-sailing-into-the-sunset

Taken in Civitavecchia, the port of Rome, from the deck of the Carnival Magic cruise ship. The Ruby Princess cruise ship left port shortly before us and I was able to capture a stunning sunset image as the ship crossed the path of the setting sun on its way to their next destination. The flock of birds arrived on cue, as they do when these large ships leave port, to complete the image.

Image for sale at http://www.redbubble.com/people/sparks68/art/7685984-sailing-into-the-sunset

Filed under Rome Boat Ship Sunset Sun Sea Light Birds Beautiful Nature Orange Silhouette Cruise

5 notes

Five new DMCA notices served - The battle continues

I’m still fighting the image thieves who are stealing my photographs from my Flickr account but there are far too many to tackle and in far too many countries (and therefore languages) so I’ve had to be selective with which ones I tackle and in what order.

I’ve gone for the following;

  1. Commercial sites using my images to promote goods and services
  2. Photo or Image sharing sites offering my images for free download
  3. Blogs and other non-commercial sites

Commercial Sites

  1. Busy Barns Adventure Farm
    This site is using my pigs image, taken in Belgium, to promote their Adventure Farm attraction in Wisconsin, USA. Not only are they misleading their customer by using farm images NOT taken at their farm, they also have not asked permission for the commercial use.
  2. Bridal Beauty by Kathleen
    A bridal beauty service based in Boston, USA that are using my Blushing Bride image to promote their beauty treatments, which is odd as I doubt that my friend in the picture went to Boston for her bridal look.
  3. Cortello Hair Spa & Color Bar 
    A hair salon in Jacksonville, Florida using my Blushing Bride image to promote their wedding styles. Again very odd as the bride in the picture was married in the UK, so I doubt they  have touched a hair on her head.
  4. Shine Hair Design, Skewen, Wales
    Not only is this site using my Blushing Bride image, but they are also claiming her name is ‘Bonny’, which it isn’t and that is because they have never met her let alone styled her hair.

Non-Commercial Sites

  1. Free-Extras.com
    This  site appears to be a free image site. They are offering my pigs image without my original copyright and without my permission.

I could spend further time detailing the number of Facebook groups and sites that are using my images too, however, Facebook are quite good and very quick at removing reported copyright infringement so these are the least of my worries.

The fight goes on.

Filed under copyright image theft DMCA flickr battle thieves thief commercial

3 notes

Flickr Image ‘Theft’

When Google recently launched their image search technology, it gave photographers and image owners a utility they were previously missing, the ability to search the Internet for their images using a picture instead of words.

Google Image Search

When I heard about this I decided to search for some of my more popular and most viewed Flickr images to see what it found, the results shocked me, then angered me. Despite me flagging all images as ©All Rights Reserved it seems that web designers, bloggers and business all over the world seem to believe that this gives them a freehand to do what they like with my images.

First of all, let me set something straight, I’m not a professional photographer, it is just a hobby, however I have set my Flickr account up so that I at least have some control over my image use, or so I thought. If approached I very often agree to the free use of my images or some form of ‘usage’ gift (e.g. free copy of a book, copy of printed image, free T-shirt featuring the image) so my issue here certainly isn’t about financial gain.

Some of my photographs feature friends and relatives, they are not models nor do they want their likeness used on blogs and commercial websites, and more to the point the image should not be used commercially without the appropriate model release forms. If approached to use these images I would certainly check with those featured in the photo before I agreed it’s use.

I also have some images that are uploaded on the agreement that they are not used commercially and I would need to contact the other party to the agreement to authorise their use. So there are a number of reasons why I want to be asked and surely it is simply common courtesy to ask if you can use someone else’s photo, especially when you are not acknowledging or referring the viewer back to the original copyright owner.

So how big an issue is this for me, well let me show you some examples.

Example 1

Small VictoryBlankMy 4th most popular image is Small Victory. An image I took many years ago on 35mm film. I scanned the image to upload to Flickr in September 2007 as an entry in the Monthly Scavenger Hunt competition.

A quick search using Google Images reveals 19 pages of search results where it can match my image.

These images have surfaced on various blogs as well as websites far and wide in countries such as Georgia, Slovakia, Germany, Poland, Lithuania, Spain, Russia, Estonia, Hungary, Japan, China and no doubt many more.

I have not viewed them all but none that I have state this is my image while some claim it was obtained from elsewhere.

Example 2

Waiting BrideBlankMy 7th most popular image, Waiting Bride gets a slightly lower number of image matches, with just the 11 pages of results.

Blogs, Facebook Profiles and Forums have all downloaded and used my image of a friend on her wedding day, and all without permission.

Yes it’s a beautiful image, but it is also a personal image and the bride in the picture has the right to protect her image and control its use.

By far the worst example I found for this image was a Bridal Showcase Exhibition website that were using this image as their website logo, their Facebook page and on their printed materials on display at their shows.

When challenged they claimed that their printers provided the image for them to use, here is exactly what they said;

“At the time of download, these images were found by searching Google Images, not Flickr. I see that the photo is now set so you can no longer download it, but at the time it was uploaded as a downloadable image” 

I’m still trying to work out exactly what the hell that is supposed to mean and why a printers would think that an image found on Google images would be free from copyright, but the end result was that the company have now removed the image from ALL of the places it was in use. It is a small but hollow victory as they have been using my friends image without her knowledge for over 12 months, and I’m not sure that is at all ethical or indeed fair.

Example 3

Hill 60 PigsBlankMy most viewed image (some 36,500 views to date) of these cute pigs, snapped while visiting Belgium back in May 2007, has since found its way onto 19 pages of images search results on Google images.

Now while the image is undoubtedly cute, it is clearly also my image, however a number of websites claim to have sourced their image elsewhere.

Taylorlifescience wiki and Business Pundit both claim the same image is sourced from The Sustainability Ninja who according to their URL address uploaded the image in April 2009, nearly 2 years after the original image, my image, was taken.

I do have one minor success to report on the use of this image as I have agreed a small usage fee with a radio station website for their use of the image over the past few years, but to be honest it won’t even cover my annual Flickr Pro account renewal so it’s hardly worth the effort involved.

So what do I do now?

Well, I’ve had a busy week mailing site owners, responding to blog posts, speaking to people on the phone and raising Digital Millennium Copyright Act notices of copyright infringement to web hosting and web site registration companies, including Facebook and Photobucket.

In one week I have been successful in getting 22 websites to remove or correctly attribute my images and I have a number of others in progress so that number is likely  grow in the next few days, but that is simply the tip of the iceberg. It has taken up every evening for a whole week to locate images, identify site owners or hosting companies and fill out emails and forms to stamp my claims on my own work.

I can’t speak 47 different languages so I am going to struggle to get those sites hosted in non-English speaking countries to understand my claims and agree to pay for image use, in the case of commercial use, or to add correct copyright notices for non-commercial usage, so those left unchallenged will no doubt spread further afield until the original copyright means nothing as copies elsewhere are available free of charge or without the need for my permission for their use.

I will battle of and continue to fight the good fight for my own image rights, but I can’t help feel that I am fighting a losing battle and I will not stop the unethical and unauthorised use of my photography, which is hugely disappointing.

If anyone can offer any advice of a better way to deal with this endless battle then I’d be very pleased to hear it.

Other Selected Examples

These launch Google Image Search result pages of pages with images matching mine

Filed under Google Images Theft Copyright Blogs Commercial DMCA Claims Photography Photos Stealing Unauthorised Search

58 notes

West Bromwich Listed Buildings Challenge

Thursday 31st March 2011

The Challenge:
Visit and photograph all 51 Listed buildings within the boundaries of the town of West Bromwich, West Midlands in just under 6 hours.

The Oak House, West Bromwich

Starting at Mary Spooner House, Birmingham Road and finishing at the Arch Lodge, the former entrance to Sandwell Hall, on the M5 Jcn 1 traffic roundabout the round-trip takes in all 51 Grade I & II (and II*) buildings on the West Bromwich listed register.

Also included on the route is The Oak House, West Bromwich (image by g4pfk on Flickr)

Visiting the town’s canals, churches, war memorials, schools, libraries, offices, factories, bridges and even telephone boxes the route stretches east to Ryders Green Locks near Great Bridge and spans to the west as far as Handsworth Lodge, Great Barr.

It seemed straight forward enough until I worked out that to complete the challenge in the 6 hours available I need to visit one building every 7 minutes and that includes travelling between the locations.  Added to that is the fact that many locations are off the beaten track, with some along canal towpaths, so I can’t even rely on getting close to them all by car.

If that is not hard enough I will also be Tweeting my progress at regular intervals throughout the day, posting images of the buildings as I go.

Finally I need to be finished in time to pick up my wife from the Hawthorns railway station and then collect my son from school, so being late is not an option.

So is it possible - Probably

Likely - Maybe

Interesting - Most certainly

Challenging - I’d say so, but that is what makes it fun to do.

So, I’m going to try, therefore wish me luck and pray for dry weather as I’d like to keep my camera free from rain.

I’ll post the resulting images on my Flickr account in the set West Bromwich Listed Buildings.

Filed under listed buildings challenge photo west bromwich sandwell

16 notes

Ivy Cottage

My ‘Ivy Cottage’ image, located in Dartmouth Park, West Bromwich, is currently getting plenty of Tumblr love.

It has had 205 comments (likes and reblogs) since it was first posted by http://fuckyeahcottages.tumblr.com/.

Ivy Cottage - Sparks68 on Flickr

I’ve recently discovered a bit more about the history of this building and the park in which it stands.

Reuben Farley, served West Bromwich for three terms as Mayor and wanted to provide the “man in the street” with a park to improve living conditions in the area. 

50 acres of land was offered to the project by the Earl of Dartmouth and the design of the park was decided following a competition that featured in the Gardener’s Chronicle. The winning designer, John MacClean, beat six other entrants and work on the £2,500 budget park began. 

The park build far exceeded the original budget and when complete had cost £12,623. The park was opened by the Earl of Dartmouth on June 3rd 1878.

The main entrance, at the junction of Lloyd Street and Reform Street, and a lodge was built to house the resident keeper who would control the adjacent park gates and maintain order in the park.

That lodge still stands at the Reform Street entrance nearly 135 years later and this is the ‘cottage’ that you see in my image and that has been getting so much love here on Tumblr, I’m sure that would have pleased Reuben Farley if he were still around.

Filed under lodge history wets bromwich england park cottage tumblr image dartmouth

0 notes

Calling All Flickr Users
Any idea where these hits on my composite image of Vittoria Street Jewellery School in Birmingham are coming from?
98-99% of hits are coming from an Unknown Source, so what could that be?
As you will see from the statistics graph the hits (apart from looking a bit like the Alps) are randomly grouped so some days I only get a handful, whilst other days I get well over a hundred, and there have been none today at all.  
I would be ever so grateful if someone could shed any light on where they might be coming from as it’s now puzzling me.
I’ve even posted a not on the Flickr page to ask people to comment on how they are finding the image, but without success, it still remains a mystery.

Calling All Flickr Users

Any idea where these hits on my composite image of Vittoria Street Jewellery School in Birmingham are coming from?

98-99% of hits are coming from an Unknown Source, so what could that be?

As you will see from the statistics graph the hits (apart from looking a bit like the Alps) are randomly grouped so some days I only get a handful, whilst other days I get well over a hundred, and there have been none today at all.  

I would be ever so grateful if someone could shed any light on where they might be coming from as it’s now puzzling me.

I’ve even posted a not on the Flickr page to ask people to comment on how they are finding the image, but without success, it still remains a mystery.

Filed under Flickr Birmingham Composite Traffic Hits Stats

0 notes

Groundhog Day
Groundhog Day is a holiday celebrated on February 2nd in the United States and Canada. According to folklore, if it is cloudy when a groundhog emerges from its burrow on this day, it will leave the burrow, signifying that winter-like weather will soon end. If it is sunny, the groundhog will supposedly see its shadow and retreat back into its burrow, and the winter weather will continue for six more weeks.

Groundhog Day

Groundhog Day is a holiday celebrated on February 2nd in the United States and Canada. According to folklore, if it is cloudy when a groundhog emerges from its burrow on this day, it will leave the burrow, signifying that winter-like weather will soon end. If it is sunny, the groundhog will supposedly see its shadow and retreat back into its burrow, and the winter weather will continue for six more weeks.

Filed under Groundhog Day