Can retailer take away your statutory rights?

teabelly

Retailer takes precedence over manufacturer. Meaning what precisely? Does that mean they *can* decide if I get a replacement or repaired phone of exactly the same model they can deny it is anything to do with them even when the service they have provided in terms of repair/replacement has been hopeless?

bingo_bango

teabelly wrote: »

Retailer takes precedence over manufacturer. Meaning what precisely? Does that mean they *can* decide if I get a replacement or repaired phone of exactly the same model they can deny it is anything to do with them even when the service they have provided in terms of repair/replacement has been hopeless?

No, they can't.

The contract doesn't end because a repair or replacement has been effected, and your SGSA rights therefore continue as they always have.

Esqui

Yes - I keep them in a cupboard at home

jammydodger1000

CoolHotCold wrote: »

Some of the advice given is dubious at best,
Your rights are Statutory which means regardless of how a contract is worded you cannot give them up, if the manufacturer replaces the phone under warranty your contract is still with the retailer if anything goes wrong down the line. Your contract is with the retailer, though they may tell you to contact the manufacturer because its a) quicker and b) less hassle for the retailer. You can insist the retailer deals with it as per your statutory rights but as you've discovered it takes extra time, which is to be expected they do the exact same as you would do phoning the manufacturer but it adds a extra step in.

Talk about dubious advice.

Whilst you can not give up your statutory rights, you seem to be suggesting that they apply to goods not supplied by the seller.

C has purchased a phone which has stopped working and has therefore twice been replaced under the terms of the contract with the seller.

C has a warranty from the manufacturer stating that they will replace goods if faulty etc. If C uses the warranty from the manufacturer they will likely be provided a replacement or the phone may be repaired if a simple fix.

I am doubtful that a replacement provided by a manufacturer could be said to be covered by the contract with the seller. The phone that the contract with the seller relates to is now probably being repaired/refurbed or scrapped by the manufacturer.

If it is repaired the situation is possibly worse as the seller will always be able to argue that any further problems were caused by the manufacturer opening it up and fiddling with it. In short it will be next to impossible to prove that the new defect is inherent.

In many cases sellers will assist consumers in this position, whether they have to or not is another matter and i am of the view that to say that they are required to would be tenuous at best.

It's almost always best to deal with the retailer to keep the relationships simple. If this doesn't work so well then the warranty is always worth considering, just be aware that strictly if you have a problem the seller may legitimately refuse to help.

unholyangel

jammydodger1000 wrote: »

Talk about dubious advice.

Whilst you can not give up your statutory rights, you seem to be suggesting that they apply to goods not supplied by the seller.

C has purchased a phone which has stopped working and has therefore twice been replaced under the terms of the contract with the seller.

C has a warranty from the manufacturer stating that they will replace goods if faulty etc. If C uses the warranty from the manufacturer they will likely be provided a replacement or the phone may be repaired if a simple fix.

I am doubtful that a replacement provided by a manufacturer could be said to be covered by the contract with the seller. The phone that the contract with the seller relates to is now probably being repaired/refurbed or scrapped by the manufacturer.

If it is repaired the situation is possibly worse as the seller will always be able to argue that any further problems were caused by the manufacturer opening it up and fiddling with it. In short it will be next to impossible to prove that the new defect is inherent.

In many cases sellers will assist consumers in this position, whether they have to or not is another matter and i am of the view that to say that they are required to would be tenuous at best.

It's almost always best to deal with the retailer to keep the relationships simple. If this doesn't work so well then the warranty is always worth considering, just be aware that strictly if you have a problem the seller may legitimately refuse to help.

I cant comment 100% on the legality of it one way or another but, isnt the warranty usually part of the contract when you buy items? ie you buy a tv with a 12 month warranty.

Could it possibly be argued that the warranty was part of the contract at time of purchase therefore it is not a breach of contract to have the goods fixed under warranty?

teabelly

I have checked with consumer direct. The short answer is no. Using the manufacturer's warranty does not invalidate any rights with the retailer, particularly if the remedy from the manufacturer is more convenient or faster than the one offered by the retailer themselves.

Googlewhacker

teabelly wrote: »

I have checked with consumer direct. The short answer is no. Using the manufacturer's warranty does not invalidate any rights with the retailer, particularly if the remedy from the manufacturer is more convenient or faster than the one offered by the retailer themselves.

What happens outside of the warranty and you send it back to the manufacturer to fix?

bingo_bango

Googlewhacker wrote: »

What happens outside of the warranty and you send it back to the manufacturer to fix?

Makes no difference. The contract with the retailer still exists.

Ldejay

They cannot take away your statutory rights. If the product doesn't work the way it is intended too, or has the seller describes. You have every right to demand they fix it.
I see no reason why directly sending it to the manu would invalidate your contract.

You should go in-store and ask to speak to a manager.

Googlewhacker

bingo_bango wrote: »

Makes no difference. The contract with the retailer still exists.

Even if say it gets sent back to the manufacturer and is broken in transit you would have a comeback against the retailer? I wouldn't have thought so surely?