Consumer Rights help please

fatboy128

fatboy128

fatboy128

Associate
Joined
15 Mar 2004
Posts
15
bought 2 phones for the kids at xmas, although we purchased
them a couple of weeks before, both phones have now devolped
the same fault so the missus went back to the shop to ask for
replacement phones only to bo told that because 28 days had past from
date of purchase we are no longer entilted to a replacement and that they
would get them repaired, is that right
 
Amleto said:
If consumers discover that products do not meet these requirements they can reject them and ask for their money back providing they do so quickly. Alternatively, they can request a repair or replacement or claim compensation.

http://www.dti.gov.uk/consumers/buying-selling/sale-supply/sale-of-good-act/page8600.html
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28 days or less is considered quickly in most cases.

Under the SOGA, you don't have the right to demand a disproportionate remedy (for example replacement as an alternative to repair, or vice versa).

So the shop is correct, they have to provide you with working equipment, but that can be via repair or replacement. You'll also struggle to get a full refund without allowing the store chance to rectify the problem.
 
Dolph said:
28 days or less is considered quickly in most cases.

Under the SOGA, you don't have the right to demand a disproportionate remedy (for example replacement as an alternative to repair, or vice versa).

So the shop is correct, they have to provide you with working equipment, but that can be via repair or replacement. You'll also struggle to get a full refund without allowing the store chance to rectify the problem.
Click to expand...

Dolph is right, have had a lot of this recently where I work with good purchased well before xmas. Give the store a chance to get them repaired before you start shouting replacement at them. I know it's annoying, but 28 days is considered a fair and reasonable amount of time to assess if goods are faulty or not.

Although the store does sometimes have the discression to change the products over, I know we've done it if it's only a few days outside the 28 days.

What phones are they by the way ??
 
Kemik said:
I thought all electronics had a manufacturers 1 year guarantee in the UK.
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Thats correct, but it is very acceptable for the retailer of the goods to offer a repair before they offer a replacement. If this repair hasn't been completed within 28 days then normally the customer can ask for the good to be replaced/refunded.
 
fatboy128 said:
bought 2 phones for the kids at xmas, although we purchased
them a couple of weeks before, both phones have now devolped
the same fault so the missus went back to the shop to ask for
replacement phones only to bo told that because 28 days had past from
date of purchase we are no longer entilted to a replacement and that they
would get them repaired, is that right
Click to expand...

Yeah I had a similar problem with my sony ericsson took it back to vodafone shop was told the same ,I kicked up a stink and spoke to the manager who was about 12 years old who said they can only offer a repair ,I would get it back in 2 weeks then tried to tell me it was the best service in the high street ..........I would hate to see the worst !

I got legal advice and was told they were within there rights :mad:

I used master reset in the end which fixed it ,although I was not happy about losing all my pics and film !

The picture quality has now since declined to the extent its not worth taking pictures any more,don't buy Sony E. rubbish
 
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We're getting a lot of these threads recently - seems everyone's Christmas presents are breaking!
 
I know at my work selling bikes or some other stuff that was quite obviously for christmas we tend to give a bit of slack and say any sort of time related offer will start from January.

Phone shops are totally crap though, my mate has worked in orange,3 and phones 4 you and he says P4U are the worst by a long way.
 
Dolph said:
28 days or less is considered quickly in most cases.

Under the SOGA, you don't have the right to demand a disproportionate remedy (for example replacement as an alternative to repair, or vice versa).

So the shop is correct, they have to provide you with working equipment, but that can be via repair or replacement. You'll also struggle to get a full refund without allowing the store chance to rectify the problem.
Click to expand...
What Dolph said.
 
Law changed early last year, or was it late the year before? You don't need to prove they were faulty at point of purchase or shortly thereafter, its the retailer who has to prove they were not. Slight difference but very important and works in favour of consumer, I believe they have to replace with new during the first 6 months. Worth a check on the sale of goods act as amended. :confused:
 
djohn said:
Law changed early last year, or was it late the year before? You don't need to prove they were faulty at point of purchase or shortly thereafter, its the retailer who has to prove they were not. Slight difference but very important and works in favour of consumer, I believe they have to replace with new during the first 6 months. Worth a check on the sale of goods act as amended. :confused:
Click to expand...

The burden of proof is what switches after 6 months and at no point do they HAVE to replace it with a new one unless it doesn't conform to contract in a short period of time after the sale (which doesn't apply in this case).
 
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