Level 1
Warren_Jeeves wrote:
With it being over a month old they are in their rights to get it repaired rather than replace it, all depends where you got it, some places are better than others and might just replace it for you.
Actually, you are wrong and 'they' (the seller) is not within their rights to get it repaired.
Due to the time frame (2 months) the buyer would be well within thier rights to request a refund (i.e. refusing the goods as unfit for purpose) or requesting a replacement,
The 'Sale Of Goods Act' is quite clear on this and is well worth a read.
ReKonvicted wrote:
Warren_Jeeves wrote:
With it being over a month old they are in their rights to get it repaired rather than replace it, all depends where you got it, some places are better than others and might just replace it for you.
Actually, you are wrong and 'they' (the seller) is not within their rights to get it repaired.
Due to the time frame (2 months) the buyer would be well within thier rights to request a refund (i.e. refusing the goods as unfit for purpose) or requesting a replacement,
The 'Sale Of Goods Act' is quite clear on this and is well worth a read.
Well many stores must be breaking the law then, I'm using Argos for an example here but I know Comet are the same because I've had dealings with them of this nature when my stereo packed up twice, once within 30 days and another time after that.
From the Argos site (I've already read this in their catalouge before too
If there's a fault with the product...
We've made it easier!
- If you bring it back to us within 30 days with your proof of purchase, we'll give you a
replacement or a refund. - If you've had the product for up to 1 year, we'll repair the product or, if that's not possible, give you a replacement or, if that's not possible, a refund.
- Please note that all large kitchen appliances are excluded from our normal 30 day guarantee, but if your item develops a fault within 30 days, call us on 0845 640 0800 and one of our advisors will assist you with your problem. If faulty and if it cannot be repaired we will arrange a replacement free of charge or you can opt for a refund.
- This does not affect your statutory rights.
Don't you have to jump through hoops to prove that the product isn't fit for use and just easier to let the shop get it fixed? I'm pretty sure many stores will offer a replacement out of good will, infact HMV did once with my kids PSP, but it would seem they only have to offer a repair unless you can prove a repair isn't acceptable, as in it will just break again.
Level 1
No, you are wrong again. They are not 'breaking the law' as such, as this would suggest that they are doing something criminal. Repressing the consumers right is a civil matter and as such is unlawful (this is different to illegal).
I fully appreciate that many stores do try and fob people off but, they are relying on people being ignorant of thier consumer rights. In the most part, it seems this works as people either are not able to or, can not be bothered to establish what their rights are and go along with whatever the store tells them.
In addition, in your blurb from their website about returns etc, did you not see the 'This does not affect your statutory rights'? A retailer cannot take away your statutory rights as a consumer unless you allow them to. Within the statutory rights, goods must be of 'satisfactory quality' (there are many other issues covered).
Anyway, I suggest you have a read up on your rights as a consumer. This will not only enable you to be better placed next time you purchase something that develops a fault / is faulty at p.o.s. but also, you will be able to give factual advice to others on this site as opposed to the incorrect information you gave previously.
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