New legislation- goods rejection
Discussion
October 1st and new legislation enables buyers of faulty goods to be able to return said goods to the retailer. This also includes cars, the new legislation allows for a 30 day period following purchase for those faulty goods to be returned, no if's, no but's. The retailer is obliged to take back the goods and return the money paid. Other consumer Rights remain.
In the instance of the used car turning out to be a lemon return within the 30 day period for a refund apparently, although the purchaser is expected to pay due diligence upon purchase.
Life just become a little more difficult for some traders perhaps.
In the instance of the used car turning out to be a lemon return within the 30 day period for a refund apparently, although the purchaser is expected to pay due diligence upon purchase.
Life just become a little more difficult for some traders perhaps.
crankedup said:
October 1st and new legislation enables buyers of faulty goods to be able to return said goods to the retailer. This also includes cars, the new legislation allows for a 30 day period following purchase for those faulty goods to be returned, no if's, no but's. The retailer is obliged to take back the goods and return the money paid. Other consumer Rights remain.
In the instance of the used car turning out to be a lemon return within the 30 day period for a refund apparently, although the purchaser is expected to pay due diligence upon purchase.
Life just become a little more difficult for some traders perhaps.
Consumers had exactly the same rights before - the only difference is that the period has changed from what was a reasonable time to accept the goods to 30 daysIn the instance of the used car turning out to be a lemon return within the 30 day period for a refund apparently, although the purchaser is expected to pay due diligence upon purchase.
Life just become a little more difficult for some traders perhaps.
for many hosuehold items liek toasters the 30 days probably extends what was reasonable - whereas for brand new cars the 30 days is probably shorter than what may be reasonable and faulty in complex products liek cars may take longer than 30 days to show up
so theoretically it could be worse for car buyers
ultimatley though what it is showing is that the previous rights were not very clear.
crankedup said:
.
In the instance of the used car turning out to be a lemon return within the 30 day period for a refund apparently, although the purchaser is expected to pay due diligence upon purchase.
Life just become a little more difficult for some traders perhaps.
Yes, although if it explodes after 31 days the seller now has the right to have one go at fixing it where as in the past the buyer might have been able to push for a refund.In the instance of the used car turning out to be a lemon return within the 30 day period for a refund apparently, although the purchaser is expected to pay due diligence upon purchase.
Life just become a little more difficult for some traders perhaps.
Please also remember that with used goods:
- It excludes fair wear & tear.
- Has to be something which makes it not fit for purpose.
- Excludes anything pointed out to or which should have been obvious on inspection by the buyer.
- Takes into account age, mileage, price paid, nature of sale etc.
So, basically, that bit is much as before.
confused_buyer said:
crankedup said:
.
In the instance of the used car turning out to be a lemon return within the 30 day period for a refund apparently, although the purchaser is expected to pay due diligence upon purchase.
Life just become a little more difficult for some traders perhaps.
Yes, although if it explodes after 31 days the seller now has the right to have one go at fixing it where as in the past the buyer might have been able to push for a refund.In the instance of the used car turning out to be a lemon return within the 30 day period for a refund apparently, although the purchaser is expected to pay due diligence upon purchase.
Life just become a little more difficult for some traders perhaps.
Please also remember that with used goods:
- It excludes fair wear & tear.
- Has to be something which makes it not fit for purpose.
- Excludes anything pointed out to or which should have been obvious on inspection by the buyer.
- Takes into account age, mileage, price paid, nature of sale etc.
So, basically, that bit is much as before.
Agreed as I mentioned due diligence is still required by the buyer.
The biggest difference this new legislation seems to provide for buyers is that a retailer can no longer insist 'on a fix'.
Of course most good retailers offer a decent service without the buyer needing to refer to legislation. As always its the bad'uns that will feel most of any effect.
jonah35 said:
Why pay any due diligence whatsoever?!
I'll have a new car every 4 weeks and just keep swapping.
Maybe an e63 Amg for a couple of weeks, take it back, get a refund and move onto a Maserati I can rag for a fortnight
You do realise that there has to be a fault making it not fit for purpose don't you?I'll have a new car every 4 weeks and just keep swapping.
Maybe an e63 Amg for a couple of weeks, take it back, get a refund and move onto a Maserati I can rag for a fortnight
When this modification of the existing legislation was first mooted there was a great gnashing of teeth and complaints about companies being ripped off by customers. It would appear that the doomsayers were wrong and that it is not the end of retail in the EU.
The legislators have tried to strike a balance between the criticisms of the consumers over problems with faulty goods and those selling the product and I reckon they've done a pretty good job. Perhaps the description of what a product will do and what it won't will be more accurate.
The only significant new aspect of the legislation is to give the purchasers of digital products some form of protection, and not before time. The only downside is that it means youngsters today will not be able to act as development engineers for video editing software like I did.
It is hardly before time to bring digital products into the real world.
The legislators have tried to strike a balance between the criticisms of the consumers over problems with faulty goods and those selling the product and I reckon they've done a pretty good job. Perhaps the description of what a product will do and what it won't will be more accurate.
The only significant new aspect of the legislation is to give the purchasers of digital products some form of protection, and not before time. The only downside is that it means youngsters today will not be able to act as development engineers for video editing software like I did.
It is hardly before time to bring digital products into the real world.
Digger said:
So if my (soon to be) 5p tesco bag develops a fault during my 2 minute walk back home, can I . . . . oh never mind.
Well, why not? Maybe the point is that it puts more onus on retaielrs to sell products as described and fit for purpose.As far as car dealers go - they have made a rod for their own backs.
One exemption has already been given for motor dealers in that a deduction can be made for use if the car is returned after a failed repair/repalcement (not after the right to reject).
Derek Smith said:
The only significant new aspect of the legislation is to give the purchasers of digital products some form of protection, and not before time. The only downside is that it means youngsters today will not be able to act as development engineers for video editing software like I did.
It is hardly before time to bring digital products into the real world.
Very interested in how this will play out. If you buy something on a place such as Xbox Live it explicitly states no refunds, and Steam only allow it if you've played less than 2 hours. Yet there have been several high profile games that have launched in a broken state, so in many instances people just got stuck with them hoping the developer would release a patchIt is hardly before time to bring digital products into the real world.
Negative Creep said:
Derek Smith said:
The only significant new aspect of the legislation is to give the purchasers of digital products some form of protection, and not before time. The only downside is that it means youngsters today will not be able to act as development engineers for video editing software like I did.
It is hardly before time to bring digital products into the real world.
Very interested in how this will play out. If you buy something on a place such as Xbox Live it explicitly states no refunds, and Steam only allow it if you've played less than 2 hours. Yet there have been several high profile games that have launched in a broken state, so in many instances people just got stuck with them hoping the developer would release a patchIt is hardly before time to bring digital products into the real world.
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