Consumer rights question.

[Clunk]

If I was to buy an electrical item from a proper online retailer, for around £350, which then went faulty after around 6 weeks, but then the retailer took 4 weeks, and there was still no sign of the replacement, at what point do I become entitled to a refund, or dont I?

Does anyone know the answer to this, or is it a bit of a murky area?

Thanks

[MD]

I think it depends on the product and the value of it as t how the manufacturer will deal with it.

I know I had to go through hell and high water with Samsung over my TV

[wombar]

I don't think you're legally entitled to a refund unless the retailer can't offer you a replacement product of the same quality. Remember that the obligation is with the retailer (e.g. Dixons) and not the manufacturer (e.g. Samsung).

However, if you're not having any joy with the retailer, tell them they've got X days (say ten working days) to contact you to resolve the matter or you'll be taking legal action against them. Do it in writing (sent by recorded delivery) and follow it up if you need to.

Might also be worth talking to your credit card issuer (if you bought it on CC) as they have a fair bit of clout might be able to help you.

[Saracen]

If I was to buy an electrical item from a proper online retailer, for around £350, which then went faulty after around 6 weeks, but then the retailer took 4 weeks, and there was still no sign of the replacement, at what point do I become entitled to a refund, or dont I?

Does anyone know the answer to this, or is it a bit of a murky area?

Thanks

It's a murky area.

Generally speaking, you lose the right to refund after the goods have been "accepted". Ultimately, only a judge can tell you when that is as the period of time is not defined and depends on the goods and the situation. After "acceptance", you're restricted to repair, replacement, rescission, compensation, etc.

However, the retailer must effect the repair/replacement within a reasonable period and without causing undue inconvenience to the consumer. Again, what "reasonable" and "undue inconvenience" mean is left to the interpretation of the judge, so you''ll have to go to court to get them clarified.

But two general principles usually apply :-

- courts lean in favour of the consumer
- he who acts reasonably does well.

Whatever you do, you MUST be seen to be acting reasonably, or it will go against you if this does get to court. And while courts tend to favour the little guy, it is NOT an absolute rule.

Were it me, I'd contact the retailer in writing, and point out that they have now had the set for 4 weeks or more, and that the delay is inconvenient and unreasonable. Inform them that you require them to update you, within 7 days, of the current situation and how long the repair/replacement is going to take.

An exception to the general principle that you lose the right to refund after "acceptance" is exactly the situation you have - where a repair/replacement has been attempted, but has not occurred within a reasonable period. Then, a refund is back on the table again.

You need to remember that the retailer is entitled to verify that the set has "gone faulty", and not been damaged, for instance, by misuse. So you will need to give them the opportunity to confirm that (and you have), and they are entitled to get expert opinions on that, which may mean returning the set to the manufacturer for test, because retailers generally aren't competent to do technical testing like that. But if they do, they MUST do it within a reasonable period, and without undue inconvenience.

I, in my non-expert opinion, would say you are now bordering on the point where it's unreasonable an unduly inconvenient, which is why I suggest you write to them, outlining that your patience is wearing thin. This not only means you are being reasonable, but if it does come to an argument later, in court, over who said what and when, you'll have written evidence that you're being reasonable.

Oh, and send the letter recorded. Then, you can prove they got it.


Note: IANAL - I Am Not A Lawyer. This is opinion, not advice. If in doubt, consult a legal advisor. There, that's my ass covered.

[Saracen]

I think it depends on the product and the value of it as t how the manufacturer will deal with it.

I know I had to go through hell and high water with Samsung over my TV

By and large, it's nothing to do with the manufacturer.

You buy from a retailer, you have a contract with them, not the manufacturer, and the legal recourse is over breach of contract.

An exception to that is where a manufacturer offers a warranty, and when you knew of that and relied on it when buying the goods. In that situation, the manufacturer can be legally held to them terms of that contract. But the basic provisions of consumer legislation (Sale of Goods Act, Distance Selling regs, etc, apply to the seller, not the maker.

None of that means, however, that when a retailer suggests you deal direct with the manufacturer, that that might not be the best course of action, because it may be faster than going via the retailer, etc. It might be the best course of action, but it does NOT get the retailer off the legal hook if you wish to rely on consumer protection legislation and go via the retailer.

[Clunk]

Wow, thanks for all that

I should point out that it's not a TV, it is a computer component, I would rather not say what (just yet), in case the retailer reads these forums .

Interestingly, in the original email, it says that if the product has to go back to the manufacturer, it can take up to 4 weeks.

I will write to them and see what they say.

Thanks for that

P.S. the only address that I have for them, is their RMA P.O. Box, and they don't have a phone number either.

[staffsMike]

lol who did you say you bought your GTX from in the end? *clutches at straws*

[g8ina]

Shame it's not Currys/Dixons - they have a replace after 28 days away for repair !

I got me a new LG 32" LCD after 5 weeks - after LG kept it for repair for 6 weeks.

[Clunk]

lol who did you say you bought your GTX from in the end? *clutches at straws*

Nope

Shame it's not Currys/Dixons - they have a replace after 28 days away for repair !

I got me a new LG 32" LCD after 5 weeks - after LG kept it for repair for 6 weeks.

Yep, unfortunately, its only a relatively small firm I think.

It seems that they order the stuff from elsewhere, and the other place sends it out to the customer.

Judging by the length of time this has taken, it seems like, its gone into all 3 RMA queues.

[Tarffie]

Note: IANAL - I Am Not A Lawyer. This is opinion, not advice. If in doubt, consult a legal advisor. There, that's my ass covered.

heh, what an unfortunate acronym.

[Clunk]

heh, what an unfortunate acronym.

Sounds like the new Apple internal MP3 player