Do i have any recourse with the retailer?
Discussion
back in July i purchased a new MAP sensor from a large european car parts online store.
ever since fitting, I've had issues with running, i have now replaced with a genuine Honda part and runs perfect.
So obvious a faulty part.
Have just contacted them, they claim as its outside of 30 days, they can't/refuse/against company policy to refund.
All they are willing to do is to send it off to the manufacturer which will take 4-6 weeks!
Am i being unreasonable in expecting them to sort it out a bit quicker than this?
Do i have any rights to take this up with the retailer?
Cheers
ever since fitting, I've had issues with running, i have now replaced with a genuine Honda part and runs perfect.
So obvious a faulty part.
Have just contacted them, they claim as its outside of 30 days, they can't/refuse/against company policy to refund.
All they are willing to do is to send it off to the manufacturer which will take 4-6 weeks!
Am i being unreasonable in expecting them to sort it out a bit quicker than this?
Do i have any rights to take this up with the retailer?
Cheers
Retroman is absolutely right. In law - your contract was with the parts company that sold you the unit and NOT, repeat NOT with the unit maker. Therefore your parts company should either reimburse you the cost or replace it with another unit. The law say's that they then have to take up the problem of the faulty unit with the manufacturer - that's NOT you. I repeat, thats the law.
If they insist on sending the unit back to the manufacturer, that action should NOT leave you in limbo, without the use of your car. Give you another unit while you both wait for the response from the manufacturer.
If they insist on sending the unit back to the manufacturer, that action should NOT leave you in limbo, without the use of your car. Give you another unit while you both wait for the response from the manufacturer.
You are SOL really. You bought an el-crapo part, which you then found to be faulty by buying an original one.
They must repair or replace, within a reasonable time, but that doesn't really help you as the replacement/repaired part is of no value to you, as you've already bought a good one.
They must repair or replace, within a reasonable time, but that doesn't really help you as the replacement/repaired part is of no value to you, as you've already bought a good one.
Accept a replacement, fit it, prove it to be faulty (again), repeat until they give you a refund? 
If they have any common sense they'll just refund you now and save both parties the hassle. Maybe worth an e-mail to their customer services?
http://www.moneysavingexpert.com/shopping/consumer...
According to this you have a 'reasonable time' to request a full refund, not limited to 30 days.
If they have any common sense they'll just refund you now and save both parties the hassle. Maybe worth an e-mail to their customer services?
http://www.moneysavingexpert.com/shopping/consumer...
According to this you have a 'reasonable time' to request a full refund, not limited to 30 days.
Edited by petrolbloke on Monday 2nd November 19:00
Sale of Goods Act applies.
Their 30 day period is irrelevant.As is the new 30 days introduced by the consuemr rights act 2015.
you had a reasonable time to inspect the goods and accept it - so depending on how ocmplex the aprt is that probably would have extended to a few weeks. after that it is down to repair/repalcement - however if it is causing you significant inceonvenience then you can move to a partial refund minus deduction for use.
they will argue that no refund can be made after 30 days and you will have to accept a repair - but if they cannot repair it without significant inconvenience then the SOGA says you can ask for a refund.
Their 30 day period is irrelevant.As is the new 30 days introduced by the consuemr rights act 2015.
you had a reasonable time to inspect the goods and accept it - so depending on how ocmplex the aprt is that probably would have extended to a few weeks. after that it is down to repair/repalcement - however if it is causing you significant inceonvenience then you can move to a partial refund minus deduction for use.
they will argue that no refund can be made after 30 days and you will have to accept a repair - but if they cannot repair it without significant inconvenience then the SOGA says you can ask for a refund.
https://www.citizensadvice.org.uk/Global/CitizensA...
OP, the Consumer Rights Act 2015 doesn't apply to your purchase as it took place before the Act came into force on October 1st.
http://www.legislation.gov.uk/uksi/2015/1630/conte...
You will be relying on SOGA Section 48(A).
http://www.legislation.gov.uk/ukpga/1979/54/sectio...
A lot of people are under the mistaken impression that they are entitled to a refund in the first six months. That is not the case. It is for the seller to prove that the fault was not pre-existing at the time of purchase which most will struggle to do, but in such cases your rights are for a repair or replacement.
Repairing a MAP sensor would not be a practical exercise. As the the OEM unit you bought works, get a replacement for the faulty unit and sell it.
OP, the Consumer Rights Act 2015 doesn't apply to your purchase as it took place before the Act came into force on October 1st.
http://www.legislation.gov.uk/uksi/2015/1630/conte...
You will be relying on SOGA Section 48(A).
http://www.legislation.gov.uk/ukpga/1979/54/sectio...
A lot of people are under the mistaken impression that they are entitled to a refund in the first six months. That is not the case. It is for the seller to prove that the fault was not pre-existing at the time of purchase which most will struggle to do, but in such cases your rights are for a repair or replacement.
Repairing a MAP sensor would not be a practical exercise. As the the OEM unit you bought works, get a replacement for the faulty unit and sell it.
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