Right to reject faulty goods?
Discussion
I bought a new car radio from a shop about 30 miles away from home at the beginning of the month. When it was fitted this weekend it was clear that it had an intermittent fault so I took it out and returned it to the shop today.
I was told that they could not replace or refund it because the manufacturer's policy was that they had to send it to them to test it first to confirm the fault. I said this was no good to me, I wanted it replaced. They refused so I asked for a refund. They refused that and told me the only option was to contact the manufacturer to confirm what they were allowed to do.
I pointed out that I didn't buy it from the manufacturer, I bought it from them. They flatly refused to do anything but take the radio and said they would contact the manufacturer tomorrow (the manufacturer was closed by the time I got there).
Having a look on the Internet, it seems there is a 30 day 'window' from purchase that you can reject the goods if faulty (I bought it on the 6th). But of course the Internet is full of 'good advice'.
Just wondering whether anyone can point me to some definitive authoritative advice on line that I can quote?
Another nail in the coffin of 'bricks and mortar' retail - I prefer to use shops normally precisely because it should be easier to sort out issues like this. Obviously not the case in this instance.
I was told that they could not replace or refund it because the manufacturer's policy was that they had to send it to them to test it first to confirm the fault. I said this was no good to me, I wanted it replaced. They refused so I asked for a refund. They refused that and told me the only option was to contact the manufacturer to confirm what they were allowed to do.
I pointed out that I didn't buy it from the manufacturer, I bought it from them. They flatly refused to do anything but take the radio and said they would contact the manufacturer tomorrow (the manufacturer was closed by the time I got there).
Having a look on the Internet, it seems there is a 30 day 'window' from purchase that you can reject the goods if faulty (I bought it on the 6th). But of course the Internet is full of 'good advice'.
Just wondering whether anyone can point me to some definitive authoritative advice on line that I can quote?
Another nail in the coffin of 'bricks and mortar' retail - I prefer to use shops normally precisely because it should be easier to sort out issues like this. Obviously not the case in this instance.
Bristol spark said:
Sounds fair to me, how do they know its faulty without having it tested? (Other than you saying so).
By using a bit of initiative I'd hope. I went there asking to swap it for an identical unit. Long way to go just to come back out with the same thing.Beyond that, it appears that the onus is on the supplier to prove the fault isn't there in any case, rather than the other way around.
If you discover the fault within the first six months after buying the product, it is presumed to have been there since the time of purchase - unless the retailer can prove otherwise.
Ari said:
By using a bit of initiative I'd hope. I went there asking to swap it for an identical unit. Long way to go just to come back out with the same thing.
I agree, it does seem a little silly really.I suppose they're more after checking the "fault" isn't your three year old trying to feed it Dairylea wrappers or similar...
Ari said:
By using a bit of initiative I'd hope. I went there asking to swap it for an identical unit. Long way to go just to come back out with the same thing.
Beyond that, it appears that the onus is on the supplier to prove the fault isn't there in any case, rather than the other way around.
If you discover the fault within the first six months after buying the product, it is presumed to have been there since the time of purchase - unless the retailer can prove otherwise.
You're misinterpreting that slightly - the presumption you mention is that if there is a fault, it was presumed to have been there at time of purchase (rather than that there is a fault). In any case, I'm afraid it doesn't help here, technically - it's an oddity of the legislation that the presumption doesn't apply to for somebody exercising the short term right to reject.Beyond that, it appears that the onus is on the supplier to prove the fault isn't there in any case, rather than the other way around.
If you discover the fault within the first six months after buying the product, it is presumed to have been there since the time of purchase - unless the retailer can prove otherwise.
You are entitled to reject faulty goods though within 30 days, and you are correct about the fact it's the retailer that is the one who has to refund you - it's them that you have a contract with. The relevant statutory provisions are in sections 9, 20 and 22 of the Consumer Rights Act 2015.
It sounds like they're trying to shirk their responsibilities though and palm you off, by questioning whether there is actually any fault. If you can demonstrate it to them (a video, maybe?) then you should technically have them bang to rights. Prepare to face arguments about whether or not the issue might have been caused by installation though.....
Good luck.
Quick update - a call from the shop first thing this morning to say that a new radio is in the post.
So they get to lose a customer and the hassle and cost of postage, and I get to stay home all day tomorrow waiting for the thing that they should have just swapped yesterday to turn up. Would have been a lot easier if they'd agreed to swap it yesterday afternoon whilst I was stood in front of them.
Oh well.
So they get to lose a customer and the hassle and cost of postage, and I get to stay home all day tomorrow waiting for the thing that they should have just swapped yesterday to turn up. Would have been a lot easier if they'd agreed to swap it yesterday afternoon whilst I was stood in front of them.
Oh well.
Ari said:
Quick update - a call from the shop first thing this morning to say that a new radio is in the post.
So they get to lose a customer and the hassle and cost of postage, and I get to stay home all day tomorrow waiting for the thing that they should have just swapped yesterday to turn up. Would have been a lot easier if they'd agreed to swap it yesterday afternoon whilst I was stood in front of them.
Oh well.
Pleased to hear you got a result, however frustrating the process might have been!So they get to lose a customer and the hassle and cost of postage, and I get to stay home all day tomorrow waiting for the thing that they should have just swapped yesterday to turn up. Would have been a lot easier if they'd agreed to swap it yesterday afternoon whilst I was stood in front of them.
Oh well.
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