a competitors return policy. is this illegal?

Nodiggidy123

Nodiggidy123

Nodiggidy123

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the below quote was taken from the returns policy thread of a competitor

"For faulty hardware please e-mail xxx to arrange a collection of your machine and we'll issue you with a replacement if found to be faulty. After 6 months from receipt of goods we can no longer accept returns and you'll need to contact the manufacturer directly under your warranty with them."

Now correct me if im wrong but doesnt the 6 months limit to return faulty hardware totally contradict the sale of goods act under uk law?
 
You seem to misunderstand, if there's a problem with a PC down the line then it was most likely not sold to you faulty therefore that piece of the sales of goods act does not apply.
 
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surely if your contract is with the retailer then the above quote is irrelevant. as far as im concerned if u contact the retailer then they should sort the rest.
 
I always thought the retailer had an obligation to take returns for faulty goods for 28 days, after which they can say yay or nay and make you or them send it back to the manufacturer.

A lot of places online will take back for the first year now and RMA for you I think, though they aren't obliged legally to do so.

Please correct me if i'm wrong, but quote evidence, no speculation like me!
 
Nodiggidy123 said:
surely if your contract is with the retailer then the above quote is irrelevant. as far as im concerned if u contact the retailer then they should sort the rest.
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the whole point of the quote is it depends if you bought from a 'retailer' or a 'manufacturer's agent'. I don't know what the technical definition of either is.

In any event, it means that it is legal in some instances for the place where you bought an item, to ask you to deal directly with the manufacturer.
 
alexhull24 said:
I always thought the retailer had an obligation to take returns for faulty goods for 28 days, after which they can say yay or nay and make you or them send it back to the manufacturer.

A lot of places online will take back for the first year now and RMA for you I think, though they aren't obliged legally to do so.

Please correct me if i'm wrong, but quote evidence, no speculation like me!
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You're wrong, see the link in my post above
 
The retailer is wrong but the onus of proof has moved from them to you.

It is the seller, not the manufacturer, who is responsible if goods do not conform to contract.

• If a consumer chooses to request a repair or replacement, then for the first six months after purchase it will be for the retailer to prove the goods did conform to contract (e.g. were not inherently faulty)

• After six months and until the end of the six years, it is for the consumer to prove the lack of conformity.

So after 6 months you have to prove it was inherently faulty at the time of purchase. The contract cannot move to a third party without consent of all parties to the contract.

You entered a contract with the retailer at the point of purchase. Unless you both agree to move liability within the contract to a third party after x months they are still liable.

It should be noted however if this was within their T&Cs technically you have agreed to the liability being taken over by the third party.

In law the court would decide if this clause was legal or not.
 
It's not 6 months, or 12, or 6 years - it's a reasonable time.

A reasonable time will depend what it is and most importantly what you paid. a £5000 Plasma would reasonably be expected to last longer than a 99p pair of headphones.
 
You have upto 6 years from the date of purchase to return an item for repair, for computer stuff anyway, as that would be considered reasonable for something that expensive.
 
Thanks for some sensible clarification Grrrrr (interesting name btw!)

Telescopi said:
It's not 6 months, or 12, or 6 years - it's a reasonable time.

A reasonable time will depend what it is and most importantly what you paid. a £5000 Plasma would reasonably be expected to last longer than a 99p pair of headphones.
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For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).
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Seems a bit grey. What effect does this have on the return of, for example, a faulty graphics card that goes wrong 14 months after purchase?

Would I be right in thinking that is the retailers responsibility to return the item to the manufacturer, as it should have lasted longer than that? Why do some places tell you to go straight to the manufacturer after 28 days then?
 
alexhull24 said:
Why do some places tell you to go straight to the manufacturer after 28 days then?
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sometimes its quicker for the consumer, others because they are pulling a fast one

although legally they can't force you to go direct to the manufacturer (in most cases) as your contract is with the retailer
 
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