Proving Item is Faulty From Manufacture

darleydame

I bought a Shark Steam Mop through Pressplay on ebay and after 7 months it has stopped working. They say that they will only replace within 6 months and sent me this:


Faulty Items
Our Home Approval period is 30 days from receipt. Should your product become faulty, instructions highlighted below will state our Returns guidelines:

Within 6 months of purchase, you can return the item to us at your own cost for postage, where we shall refund, replace or repair the item. Please ensure you fully describe the nature of the fault.

Up to 1 year and above, it is the customer's responsibility to have electrical items independently tested by a qualified electrician to prove that the item was faulty from manufacture and has not been subject to maltreatment. Contact customer services on 0845 2182455 if your faulty electrical item fulfils this criteria.
Your statutory rights remain unaffected by this policy.


If my statutory rights are unaffected can I force them to accept the mop back WITHOUT this electrician report as it will probably cost more than the mop! And what happens if he cant prove its been faulty from day one as it did work fine for 7 months?

thanks in advance for any help:j

wealdroam

darleydame wrote: »

If my statutory rights are unaffected can I force them to accept the mop back WITHOUT this electrician report as it will probably cost more than the mop! And what happens if he cant prove its been faulty from day one as it did work fine for 7 months?

Your statutory rights pass the onus to you to prove the thing was faulty at the point of sale, after six months have passed.

In other words you have to prove that the fault is not due to fair wear and tear or 'user error' (i.e. you haven't broken it).

If you can prove that with an independent report, then the seller should refund the cost of the report as well.

Btw, if the thing is to be repaired under SOGA, then the seller should cover all costs... including posting the thing back to him.

halibut2209

Exactly. It might be worth pointing out to the company that if you get a report done which finds in your favour then they would have to pay for that AND the repair. It might be worth their while (and cost) to just replace it for you out of goodwill.