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richardlusty Posts: 128

Hi if anyone is very up to speed on uk consumer protection law could you please pm me. Have a situation of which i would like some advice on, as i'm only a law student with some text book knowledge. The situation involves sale of goods act and warranties. E.g a customer buys a handset it goes faulty, gets a few replacements (which also go faulty i.e they all seem to die) and then another replacement which goes faulty. At what stage can a retailer refuse to give a refund (as a repair service is being provided) If anyone can help i would be very grateful
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Posted: 2005-06-10 11:39:24
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jcwhite_uk Posts: > 500

Have a look here:
http://www.adviceguide.org.uk[....]ustomer.htm#Gettingafullrefund
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Posted: 2005-06-10 12:29:28
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voda_jon Posts: > 500

voda giv refunds upto 14 days then nothin but repairs after that. If the phone is sent for repair 3 times then the manufacturer or repair center replace the handset with a fully reconditioned handset.

The warranty is held with the handset manufacturer and NOT with the company who sold the handset as many consumers seem to think.

Hope this helps.
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Posted: 2005-06-11 12:10:04
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amnesia Posts: > 500

i'm a law student as well and I'm majoring in contract law.

Here is what I know.
According to the Sales of Goods Act, you have a minimum of 14 days to return an item due to a fault or simply for not being satisfied. (this can be supported if you are not satisfied due to the fact that the item was not as advertised or expected)
According to Warranties on electronical items, when an Electronical device is fixed, the warranty's validity continues to the original duration.
So if you had a 1 month warranty, and fixed the phone 9 times within the 1 month you still are bound by that one month time frame. HOWEVER, if the item is completely replaced, then it is general policy that the warranty is reset.

You could argue that the item gave you stress, wasted time, and money and that the phone is not worth that in value, and so you would either want compensation in the form of added warranty for safe measure OR a simple return.

Either way, a seller CAN reject giving you a refund IF the seller is willing to give you a completely new item. This does not apply for a long period of time though.

I'm trying to find supporting Acts, but I cant remember off the top of my head.

Also leave into condideration the means by which you bought the item.
Electronical means gives you different rights.

_________________

Oxygen Inc

[ This Message was edited by: amnesia on 2005-06-11 14:57 ]
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Posted: 2005-06-11 15:57:06
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sunjivas Posts: > 500

Trading Standard is usually a useful port of call.

Also check this thread from a few years back:
UK Owners Know Your Rights
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Posted: 2005-06-11 16:55:41
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dave_uk Posts: > 500

@richardlusty

Haven't you noticed...everyone on Esato's an expert in consumer law.

My two cents, for what it's worth, is that the timeframes in all these Acts are very ambiguous, and open to interpretation. This usually works in the retailer's favour and providing that "a reasonable period of time" has elapsed since the original purchase, as long as you are providing repairs/replacements, you do not have to offer a refund at any point, though the older the original item, the stronger your argument.

However, it should be noted that if you believe the customer to be "making up" faults, then you should have a process to have handsets tested by engineers, which you are entitled to do prior offering any return/repair at all. If the customer's problems are genuine, allowing them to swith to a new model of handset seems to be the least you should do.
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Posted: 2005-06-13 12:20:58
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