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Consumer rights issue

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I know there's a few legal beagles on here, so hoping I can get a bit of advice please.

My mum bought an item which became faulty and because it was within the 1 year warranty period the company concerned replaced the item. Now, the replacement item also came with a 1 year warranty, and just last week, 17 months on, the fault has occurred again. Where does she stand in terms of them replacing the replacement if the exact same fault has occurred, but 5 months outwith the warranty period?

Any help appreciated before I get on the phone to their customer services.

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Regardless of warranty an item should be expected to last a reasonable amount of time, so you should still have the right to a replacement or at least a repair if it's something that you'd generally expect to last a few years. The trouble is that everyone is so used to just going with the warranty period it can take a lot of arguing between yourselves and the retailer before they acknowledge this.

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There's a European consumer directive that states, I think, a two year warranty period.

It's all down to what it is really, and what's gone wrong with it.

The Sale of Goods Act says that the consumer can get a refund/repair on faulty goods up to six years after purchase, however after six months it is down to the consumer to prove that it's faulty goods rather than misuse that's caused the defect.

Found this example online:

For example, the plasma TV you bought five months ago stops working without explanation and you return to the shop you bought it from, expecting a refund. The store manager is reluctant but can find no explanation for the fault. There are no scratches or damage to show it has been dropped, or signs of water damage. Complying with the Sales of Goods Act, he understands without such proof he must refund you money.

But were the fault to develop after seven months, he would not need such proof. The TV may show no signs of damage or misuse, but the store manager no longer needs to show there was any. Instead, you must show to him that there was a shoddy component or design fault that caused the problem. In the absence of these things, he is under no obligation to return your money.

In reality, most retailers offer returns policies that extend this 6-month period to 12 months. But after that refunds are hard to come by.

Actually, that whole article is fairly useful:

Hidden EU warranty rule helps shoppers get refunds | This is Money

[EDIT= If I were you I'd call customer services and just go to town quoting legislation numbers and what not. Unless the value of the item is huge I can't imagine they could be bothered with the hassle of dealing with a customer who appears to know the law. Similarly, play the 'fault is the same as before' card if that applies, because legally it gives you a stronger leg to stand on...you have obvious proof that the fault is common.]

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Regardless of warranty, the goods should still be covered, as they are expected to last for "a reasonable amount of time", depending on the goods of course. It's a slight grey area, an expensive TV for instance, you would reasonably expect to get at least 5-6 years out of. A 20 microwave, probably not. It's all covered by something called the Sale Of Goods Act. Google it.

If goods do not conform to contract at the time of sale, purchasers can request their money back "within a reasonable time". (This is not defined and will depend on circumstances)

For up to six years after purchase (five years from discovery in Scotland) purchasers can demand damages (which a court would equate to the cost of a repair or replacement).

[ARCHIVED CONTENT] Sale of Goods Act Fact Sheet - BIS

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Thanks for the help folks. In the end I didn't need the articles, but very handy to have them to hand anyway. They wouldn't do anything when my mum phoned, so I was all ready to quote this and that. In the end the woman on the other end of the phone when I called was easy to deal with. Possibly because I got my mum to phone then pass it over to me. Sending the item back and my mum should be getting credited with her 130. Good result.

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Thanks for the help folks. In the end I didn't need the articles, but very handy to have them to hand anyway. They wouldn't do anything when my mum phoned, so I was all ready to quote this and that. In the end the woman on the other end of the phone when I called was easy to deal with. Possibly because I got my mum to phone then pass it over to me. Sending the item back and my mum should be getting credited with her 130. Good result.

did she get the sending back postage too?

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