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#Post#: 30259--------------------------------------------------
Query on returning Online Goods
DIR By: JoCo
Date: July 18, 2024, 11:03 am
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I recently bought an electronic item , on January 17th, which
developed a fault. [The fault was probably there from the
beginning, but that's by the by]
I am aware of the Consumer Rights Act (which replaced the Sale
of Goods Act in October 2015).
This allows the legal right to a refund if faulty item and
returned within 30 days of receiving it.
If item fails within 6 months, the vendor must offer a
replacement, repair or refund.
The clock starts on the day after taking delivery. I was
fortunate in raising the issue just before the 6 months timeout.
I believe that after 6 months, the onus is on the customer to
prove item was faulty at time of purchase [rather than it be
assumed], and in the case of refund an allowance can be deducted
for usage.
In my case I was offered a refund or, as the item is currently
out of stock, a new replacement when restocked in September.
As the item I have is usable, albeit faulty, I accepted the
offer of a replacement in September. [I think the item is
actually discontinued, and I may get lucky by getting an upgrade
to latest model].
So I'm happy with outcome.
My question is.
On receipt of replacement item in September. Does the protection
clock start again from zero?
#Post#: 30265--------------------------------------------------
Re: Query on returning Online Goods
DIR By: 666
Date: July 18, 2024, 12:04 pm
---------------------------------------------------------
If it were replaced under a manufacturer's guarantee then it
certainly would NOT start from zero. I'd imagine the same
principle would apply under consumer law, but the experts on
here may disagree.
#Post#: 30273--------------------------------------------------
Re: Query on returning Online Goods
DIR By: andy_foster
Date: July 18, 2024, 12:49 pm
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I also don't know...
Logically (and this is a dangerous approach to interpreting
legislation), the purpose would seem to be either to guarantee a
minimum period of use before it breaks, or to introduce a
presumption that something that breaks within 6 months of sale
was defective when it was bought.
If the OP took the refund, and bought a new one, there would
presumably be no dispute that the clocks would have been reset?
This is not what happened, but the position would be the
opposite of the manufacturer's guarantee situation (ignoring
that a guarantee is granted by the manufacturer, and does not
affect the consumer's statutory rights).
#Post#: 30644--------------------------------------------------
Re: Query on returning Online Goods
DIR By: H C Andersen
Date: July 22, 2024, 3:07 am
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OP, with respect I'm not sure why the question arises because it
considers a hypothetical situation....'On receipt of replacement
item in September. Does the protection clock start again from
zero?'
The first place I would look is your contract, not Consumer
Rights legislation. And if the answer isn't apparent then simply
write to the company and ask the question. When you've exhausted
all internal options and if you are dissatisfied with the
outcome then would be time to look elsewhere to see whether the
result you need may be achieved by other means.
So far you're quids in i.e. a new iron, possibly upgraded, and
no request to return the one with the fault which - you never
know- might be of a temporary nature. You must be happy with the
VFM aspect of their goods otherwise it would be common-sense to
take the refund.
#Post#: 30660--------------------------------------------------
Re: Query on returning Online Goods
DIR By: mickR
Date: July 22, 2024, 4:25 am
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@HCA
how do you know it was sn Iron :(
#Post#: 30729--------------------------------------------------
Re: Query on returning Online Goods
DIR By: JoCo
Date: July 22, 2024, 6:49 pm
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--- Quote from: H C Andersen link ---
>
> OP, with respect I'm not sure why the question arises because
it considers a hypothetical situation....'On receipt of
replacement item in September. Does the protection clock start
again from zero?'
>
--- End Quote ---
With equal respect HCA, and an element of confusion, there is
nothing hypothetical about my question, or my situation.
I have been offered a replacement in September, and I have
accepted the offer at face value.
Had my query be posited around the possibility that the
replacement might mot arrive...
Or
If I had phrased the question "If the replacement product were
to fail, would I be covered by Consumer Rights legislation..."
etc
Then, I grant you , you could consider it a hypothetical
situation.
But I didn't. My question is a general "Does the clock reset on
receipt of a new replacement under Consumer Rights
legislation?". No "if" necessary or included.
BUT...
I am intrigued. So humour me.
Why would it have been inappropriate to ask a hypothetical
question anyway?
--- Quote from: H C Andersen link ---
>
> The first place I would look is your contract, not Consumer
Rights legislation.
>
--- End Quote ---
Nope. My question was specifically referring to Consumer Rights
legislation. Warrantee and good will are next steps, if and only
if necessary.
--- Quote from: H C Andersen link ---
>
> And if the answer isn't apparent then simply write to the
company and ask the question. When you've exhausted all internal
options and if you are dissatisfied with the outcome then would
be time to look elsewhere to see whether the result you need may
be achieved by other means.
>
--- End Quote ---
I have no intention, nor need, to write to the company and ask
the question. Unless, and until, the replacement item were to
fail.
--- Quote from: H C Andersen link ---
>
> So far you're quids in i.e. a new iron, possibly upgraded, and
no request to return the one with the fault which - you never
know- might be of a temporary nature.
>
--- End Quote ---
I fully expect that when the item is back in stock, I will be
asked to return the faulty item, before replacement is sent out.
Clearly it would be a bonus, as the existing item is usable, and
useful. But I consider it unlikely, so it is not a factor to be
considered.
And it wasn't an iron!
--- Quote from: H C Andersen link ---
>
> You must be happy with the VFM aspect of their goods otherwise
it would be common-sense to take the refund.
>
--- End Quote ---
I bought the item in a sale. If I took the refund, I wouldn't be
able to replace item with equivalent for the price of refund.
#Post#: 30733--------------------------------------------------
Re: Query on returning Online Goods
DIR By: andy_foster
Date: July 22, 2024, 7:14 pm
---------------------------------------------------------
--- Quote from: JoCo link ---
>
> [quote author=H C Andersen link=topic=2552.msg30644#msg30644
date=1721635663]
> OP, with respect I'm not sure why the question arises because
it considers a hypothetical situation....'On receipt of
replacement item in September. Does the protection clock start
again from zero?'
>
--- End Quote ---
With equal respect HCA, and an element of confusion, there is
nothing hypothetical about my question, or my situation.[/quote]
Utter twaddle!
#Post#: 30734--------------------------------------------------
Re: Query on returning Online Goods
DIR By: JoCo
Date: July 22, 2024, 7:17 pm
---------------------------------------------------------
--- Quote from: andy_foster link ---
>
> Utter twaddle!
>
--- End Quote ---
Why so rude?
#Post#: 30773--------------------------------------------------
Re: Query on returning Online Goods
DIR By: Southpaw82
Date: July 23, 2024, 5:50 am
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--- Quote from: JoCo link ---
>
> [quote author=andy_foster link=topic=2552.msg30733#msg30733
date=1721693667]
> Utter twaddle!
>
--- End Quote ---
Why so rude?
[/quote]
Calling your response “twaddle” isn’t rude. If you think it is,
go and ask your question on Mumsnet instead.
#Post#: 31319--------------------------------------------------
Re: Query on returning Online Goods
DIR By: mickR
Date: July 26, 2024, 2:25 pm
---------------------------------------------------------
--- Quote from: andy_foster link ---
>
> [quote author=JoCo link=topic=2552.msg30729#msg30729
date=1721692192]
> [quote author=H C Andersen link=topic=2552.msg30644#msg30644
date=1721635663]
> OP, with respect I'm not sure why the question arises because
it considers a hypothetical situation....'On receipt of
replacement item in September. Does the protection clock start
again from zero?'
>
--- End Quote ---
With equal respect HCA, and an element of confusion, there is
nothing hypothetical about my question, or my situation.[/quote]
Utter twaddle!
[/quote]
OK humor me Andy, why is his question hypothetical? am I missing
something??
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