PC World 28 day rule???

Lip_Stick

Flyboy152 wrote: »

Actually SOGA says the consumer is entitled a full refund, if the fault is apparent within a "reasonable time."

"Reasonable time," is undefined in law, but it is not very long. Twenty-eight days has normally been the accepted standard for consumer electronics. If this is disputed, it will be up to a court to decide.

Agree with this. If you could prove that the item wasn't used until a certain date, i.e. Christmas or a birthday, then if the courts believed the consumer they'd be entitled to a full refund. I bought a console from Gamestation once and was asked if it'd be a Christmas present, I answered yes, and they said the warranty would run from Christmas day.

Lip_Stick

CoolHotCold wrote: »

There is no second tier, the consumer has a resonable timeframe to inspect the goods and if faulty can get a refund/replacement/repair outside the reasonable time frame the retailer can choose what is most cost effective to them, which will in most cases be a repair

You can't always inspect an item before it's given as a gift. In any case it shouldn't matter. The point of the matter is the item failed within a very short time of being used so it was faulty at the time of purchase.

gordikin

Yes you can! You can always chose to get a gift delivered to you and inspect an item before giving.

CoolHotCold

Lip_Stick wrote: »

You can't always inspect an item before it's given as a gift. In any case it shouldn't matter. The point of the matter is the item failed within a very short time of being used so it was faulty at the time of purchase.

Oh yes, thats why PcWorld offer a Gift receipt, which I've used in the past but theres still no second tier SoGA.

Yes item was faulty, yes PcWorld swapped over with no issues, yes they can tell you after 28 days it has to be repaired after received.

Flyboy152

bris wrote: »

No it doesn't.

Yes it does.

Flyboy152

fthl wrote: »

This is an odd area - for some products and circumstances a reasonable time has been held to be years - in others days. I think 28 days is a bit light to be honest, but that might also depend on the cost of the kit in the first place too. Might stand up though. A second tier right is a partial refund though, which will probably also be almost a full refund anyway...

This is part of the issue, if the fault develops three months after the product is purchased, the consumer has had the use and enjoyment of it for that period of time.

Flyboy152

CoolHotCold wrote: »

Oh yes, thats why PcWorld offer a Gift receipt, which I've used in the past but theres still no second tier SoGA.

Yes item was faulty, yes PcWorld swapped over with no issues, yes they can tell you after 28 days it has to be repaired after received.

A gift receipt is something quite different. It is a proof of purchase, without the price printed on it, so the recipient is unaware of how much money you spent.

fthl

CoolHotCold wrote: »

but theres still no second tier SoGA.

Sorry, I disagree. I'm guessing you weren't entirely clear as to what I was describing. Consumer law can be complex. A google next time might help.

http://www.publications.parliament.uk/pa/ld200809/ldselect/ldeucom/126/12610.htm

http://www.lawcom.gov.uk/docs/cp188_summary_of_responses_overview.pdf

Rejection and compensation (arising from rejection) are remedies which are referred to 1st tier rights as they have always existed and are those at the top of the pyramid, so to speak.

Partial refund, replacement and repair are second tier rights; they were introduced later and still subsist even though the first tier rights might have been lost for some reason.

The first tier/second tier descriptions are used by fairly regularly, especially in academic situations and where there is debate about the consequences of a beach of contract.

bris

As you can see no where does it state that a refund must be given within any time frame, please read the whole text but pay attention to the bold an particulary the underlined bold text.
Soga is complex and can be taken many different ways but the way I read it a refund is the last resort. Of course many retailers have their own t&c's which allow refunds within 28 days etc but that is over and above your statutory rights.
I am open to other links to counter act this, as of couse other precedents may have been set.

The retailer’s obligations

If there is an obvious fault with the item at any time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty.
In the first instance and if considered appropriate, the seller must offer to at least repair the goods. They must do this within reasonable time, at no additional cost to you and without causing any significant inconvenience. If any inconvenience is caused you should be given a replacement item on a ‘like for like’ basis (and not simply the cheapest and most basic model). Many consumer complaints relate to the length of time the item is away being repaired – and although you must allow reasonable time for repair, the law does not say what ‘reasonable time’ is. It very much depends on the item itself and the nature of the problem. For most things, shops would usually allow you to exchange the item or give you your money back straight away. However, if the damage is minor and can be repaired easily, then the shop can insist on this as a first option, although this will not stop you from taking it back if the repair is unsatisfactory or there is something else wrong with it.
If a repair is impossible or unfeasible, you must then be offered a replacement. Due to the emphasis on proportionality in this legislation, you must give the seller reasonable time to repair or replace before demanding your money back and you should be aware that any refund given may well take account of any use you have had of the goods since you took possession of them. If you do not want the seller to repair or replace, or they have told you they are unable to, you can then request they reduce the purchase price to an appropriate amount, although this does not affect your ability to take return the item if something else goes wrong

Flyboy152

bris wrote: »

As you can see no where does it state that a refund must be given within any time frame, please read the whole text but pay attention to the bold an particulary the underlined bold text.
Soga is complex and can be taken many different ways but the way I read it a refund is the last resort. Of course many retailers have their own t&c's which allow refunds within 28 days etc but that is over and above your statutory rights.
I am open to other links to counter act this, as of couse other precedents may have been set.

The retailer’s obligations

If there is an obvious fault with the item at any time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty.
In the first instance and if considered appropriate, the seller must offer to at least repair the goods. They must do this within reasonable time, at no additional cost to you and without causing any significant inconvenience. If any inconvenience is caused you should be given a replacement item on a ‘like for like’ basis (and not simply the cheapest and most basic model). Many consumer complaints relate to the length of time the item is away being repaired – and although you must allow reasonable time for repair, the law does not say what ‘reasonable time’ is. It very much depends on the item itself and the nature of the problem. For most things, shops would usually allow you to exchange the item or give you your money back straight away. However, if the damage is minor and can be repaired easily, then the shop can insist on this as a first option, although this will not stop you from taking it back if the repair is unsatisfactory or there is something else wrong with it.
If a repair is impossible or unfeasible, you must then be offered a replacement. Due to the emphasis on proportionality in this legislation, you must give the seller reasonable time to repair or replace before demanding your money back and you should be aware that any refund given may well take account of any use you have had of the goods since you took possession of them. If you do not want the seller to repair or replace, or they have told you they are unable to, you can then request they reduce the purchase price to an appropriate amount, although this does not affect your ability to take return the item if something else goes wrong

I think you are mistaken about the section you are quoting.