They can't, but most people just take their word on their terms and don't challenge them on it, so they get away with it.
You still have full warranty with the manufacturer
But under UK law isn't the retailer supposed to deal with this until ***** period of time
*** Cant think of specific phrase used by sale of goods act
Does apply for second hand items?
How can OCUK and other competitors only offer short warranties on items.
Surely as a retailer just because they give us an item at a discounted price doesn't mean UK and EU law doesn't apply to them?
When you buy something used off an auction site you get 0 days warranty.
When you buy something used/refurbished/etc off a retailer you get whatever warranty they feel nice enough to give (plus anything the manufacturer may provide).
In both cases the reduced warranty compared to new results in a lower price.
The is no relevant EU law, under UK law the SOGA has bits to reflect items like these (you should expect lesser warranty and life expectancy when you pay less for something used/refurbished).
Thats not true though? I am pretty sure the SOGA acts applies to even a 2nd hand item on Ebay if sold by a business? So there is warranty for 6 months just like a new item. Its not just up to whatever they feel like given. There is the automatic 14 days to return the item as well even if its 2nd hand. The only time this doesnt apply is if you ahve had chance to inspect the goods first eg a auction rooms.
Well technically there is warranty for 2 years however the onuis changes after 6 months. Up to 6 months the onus is on the retailer to prove you have damaged the item or not looked after it. After 6 months, its down to the buyer to prove that the fault was there and inherent in the item (in practical terms that my mean expert assessment if the retailer was cooperative)
Thats not true though?
I am pretty sure the SOGA acts applies to even a 2nd hand item on Ebay if sold by a business? So there is warranty for 6 months just like a new item.
Its not just up to whatever they feel like given.
There is the automatic 14 days to return the item as well even if its 2nd hand.
Well technically there is warranty for 2 years
he EU directive in question is 1999/44/EC. The full wording is contained here (open the word documtent and scroll to page 7) but the important bit is this: 'A two-year guarantee applies for the sale of all consumer goods everywhere in the EU. In some countries, this may be more, and some manufacturers also choose to offer a longer warranty period.'
As with UK law, a seller is not bound by the guarantee 'if the (fault) has its origin in materials supplied by the consumer'. But the EU rule does not require the buyer to show the fault is inherent in the product and not down to their actions.
The EU rule also says buyers need to report a problem within two months of discovering it if they want to be covered under the rule.
although its a grey area the 2 year rule does apply in the uk
Does that refer to used stock too?
although its a grey area the 2 year rule does apply in the uk
http://www.thisismoney.co.uk/money/bills/article-1677034/Two-year-warranty-EU-law.html
However, much easier I find is just dealing with the manufacturer. All the B stock stuff I have bought from ocuk, i have always registered them with the manufacturer.
Actually anything marked clearance/b-grade in the title can legally be sold with as little as 30 day warranty legally, we've checked this with trading standards and our lawyers who both confirm we are correct. So B-Grade items with B-Grade clearly in the title are 90 days.![]()