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#Post#: 31322--------------------------------------------------
Re: Query on returning Online Goods
DIR By: andy_foster
Date: July 26, 2024, 2:55 pm
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It is not a live case. He is not asking how to proceed. He has
already proceeded before seeking advice (which is not in itself
a bad thing). He is asking what his rights are as regards the
replacement. In effect his question is exactly what he claims it
isn't - if the replacement fails during the first 6 months, does
the 6 month rule apply.
His argument, which is utter twaddle, is that the general
question which he asked in a live cases forum, which only has
any application if the replacement fails within the first 6
months, is not hypothetical, because despite the context of this
case, he couched it in terms of general application.
In live case forums, we apply the law to the facts. The facts in
this non-case are entirely hypothetical.
I'm not sure whether you are genuinely this obtuse, or whether
you are seeking to make a point. If the latter, I'm not sure it
was the point you intended to make.
#Post#: 31367--------------------------------------------------
Re: Query on returning Online Goods
DIR By: Grant Urismo
Date: July 27, 2024, 5:08 am
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It depends what "the protection clock" means. If it's the 6
months thing, then no. If it's the 30 days thing then yes,
because the manufacturer can't get our of their duty to supply a
non-defective item by supplying a defective replacement item
after 30+ days.
#Post#: 31389--------------------------------------------------
Re: Query on returning Online Goods
DIR By: ManxTom
Date: July 27, 2024, 10:50 am
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--- Quote from: JoCo link ---
>
>
> ... If item fails within 6 months, the vendor must offer a
replacement, repair or refund...
>
>
> ... My question is.
>
> On receipt of replacement item in September. Does the
protection clock start again from zero?
>
>
>
--- End Quote ---
You are not quite right about the word "must" regarding an item
failing within the first 6 months. Essentially the statutory
presumption is that an item which "does not conform to contract"
within 6 months of delivery did not do so at purchase, unless
the seller can establish otherwise. (The so-called 'reverse
burden of proof'). See s 19(14) and (15) of the
HTML https://www.legislation.gov.uk/ukpga/2015/15/section/19.
So if a purchased item fails or otherwise becomes faulty within
6 months you are entitled to a free repair or replacement unless
the seller can show it conformed to contrcat when you bought it.
Regarding your question, the answer is: No - neither the 30 day
short-term right to reject window nor the 6 month 'reverse
burden of proof' period apply to a replacement.
But note that the seller is only allowed one attempt at repair
or replacement. If that attempt fails you can claim a refund.
A full refund if still within 6 months of purchase. If after 6
months the seller can reduce your refund to reflect the use
you've had of the item. See s 24 of the above legislation.
#Post#: 31390--------------------------------------------------
Re: Query on returning Online Goods
DIR By: ManxTom
Date: July 27, 2024, 10:53 am
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--- Quote from: 666 link ---
>
> 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.
>
--- End Quote ---
That isn't necessarily always the case. It depends entirely on
the T&Cs of the guarantee or warranty.
#Post#: 31394--------------------------------------------------
Re: Query on returning Online Goods
DIR By: mickR
Date: July 27, 2024, 12:05 pm
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@andy foster
thanks for your clarification of which, the first 3 paragraphs
were informative the 4th wasnt. ;) ;)
#Post#: 31417--------------------------------------------------
Re: Query on returning Online Goods
DIR By: JoCo
Date: July 28, 2024, 5:03 am
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--- Quote from: andy_foster link ---
>
> He is not asking how to proceed. He has already proceeded
before seeking advice (which is not in itself a bad thing). He
is asking what his rights are as regards the replacement.
>
--- End Quote ---
So far we agree. :)
Apologies if I raised the question in the wrong forum. A minor
transgression. And irrelevant to the point being discussed.
--- Quote from: andy_foster link ---
>
> In effect his question is... if the replacement fails during
the first 6 months, does the 6 month rule apply?
>
--- End Quote ---
So what you are saying is: If I had couched the same question
hypothetically, then it would have been a hypothetical question!
Got it.
My question wasn't "in effect": "if the replacement fails during
the first 6 months, does the 6 month rule apply?"
My question was "in effect" : "Do I have the same rights with a
replacement item as a new one?"
There is no hypothesis in the second question. To introduce one
is to second guess the intent of original question, best to
stick to the letter of the law, so to speak.
--- Quote from: andy_foster link ---
>
> The facts in this non-case are entirely hypothetical.
>
--- End Quote ---
On the contrary, the facts in the case are very specific. An
item was faulty. I will be receiving a replacement when
replacement in stock. That's all. I have not speculated on the
replacement being faulty, or indeed anything else.
To question my statuary rights with a replacement, doesn't need
receipt, or hypothesis, of an actual faulty item to ask.
[member=691]ManxTom[/member] (thanks) and others, have
effectively addressed the issue. So the question in context was
clearly understandable.
I really don't know why this has triggered you so much. At worst
this is a pedantic disagreement over language. No need for
"utter twaddle" and "I'm not sure whether you are genuinely this
obtuse" etc. But this is the internet...
Anyway. No need to answer. There's no point in going over the
same grounds again. We've both made our points. T
Have a good day.
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