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One year guarantee rights?

schrodie
schrodie Posts: 8,410 Forumite
edited 21 April 2012 at 3:47PM in Consumer rights
If an item bought from a shop is still under its one year guarantee and it develops a fault (not caused by the user) can you take it back to the shop where you bought it from and ask for a replacement or do you have to do as the shop says and send it away for repair and only if it isn't repairable will they you then give you a replacement?

In other words do I have to accept a repair or can I request a replacement?

Thanks
«13

Comments

  • baza52
    baza52 Posts: 3,029 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Its the retailers choice.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Who offers the guarantee, the retailer or the manufacturer? And what are the terms of the guarantee?
  • schrodie
    schrodie Posts: 8,410 Forumite
    OK thanks.

    So where it says on the above link.

    Faulty items and your consumer rights
    Any item you buy from a trader (eg shop or online shop) must be:
    of satisfactory quality
    fit for purpose
    as described.

    If it isn’t, the item is faulty and you can usually get one of the following:
    repair
    replacement
    refund.

    So it's a repair first then if that doesn't work then you have the right to a replacement or a refund?

    Are their any instances where you can just claim a replacement or do you have to do what the trader tells you?
  • schrodie
    schrodie Posts: 8,410 Forumite
    arcon5 wrote: »
    Who offers the guarantee, the retailer or the manufacturer? And what are the terms of the guarantee?

    I was told by the store to keep hold of the receipt as that was my guarantee if anything went wrong with the product in the first year.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    schrodie wrote: »
    OK thanks.

    So where it says on the above link.

    Faulty items and your consumer rights
    Any item you buy from a trader (eg shop or online shop) must be:
    of satisfactory quality
    fit for purpose
    as described.

    If it isn’t, the item is faulty and you can usually get one of the following:
    repair
    replacement
    refund.

    So it's a repair first then if that doesn't work then you have the right to a replacement or a refund?

    Are their any instances where you can just claim a replacement or do you have to do what the trader tells you?

    The above simply states the options available, they are not in any particular order.

    The law states you can request a particular remedy, however the retailer can reject that remedy if the cost is disproportionate to other options. So effectively, the retailer chooses the cheapest remedy - usually a repair.
  • schrodie
    schrodie Posts: 8,410 Forumite
    arcon5 wrote: »
    The above simply states the options available, they are not in any particular order.

    The law states you can request a particular remedy, however the retailer can reject that remedy if the cost is disproportionate to other options. So effectively, the retailer chooses the cheapest remedy - usually a repair.

    Thanks again. So you can only get a replacement if the repair cost is greater the the cost of a replacement or refund.

    What if the retailer doesn't bear the cost of the repair and it's the manufacturer of the product that bears the cost?

    Also does buying the product on a credit card afford more rights?
  • Valli
    Valli Posts: 25,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 21 April 2012 at 4:22PM
    schrodie wrote: »
    So you can only get a replacement if the repair cost is greater the the cost of a replacement or refund.

    What if the retailer doesn't bear the cost of the repair and it's the manufacturer of the product that bears the cost?

    Also does buying the product on a credit card afford more rights?

    It depends what the retailer decides to offer you and varies from retailer to retailer. If it's the cheapest option for the retailer you may well be offered a repair.

    Your contract is with the retailer; so it's up to the retailer to sort.

    Yes.

    (Your questions and my answers colour-coded)
    Don't put it DOWN; put it AWAY
    "I would like more sisters, that the taking out of one, might not leave such stillness" Emily Dickinson
    :heart:Janice 1964-2016:heart:

    Thank you Honey Bear
  • schrodie
    schrodie Posts: 8,410 Forumite
    Valli wrote: »
    It depends what the retailer decides to offer you and varies from retailer to retailer. If it's the cheapest option for the retailer you may well be offered a repair.

    Your contract is with the retailer; so it's up to the retailer to sort.

    Yes.

    (Your questions and my answers colour-coded)

    All they've said to me is send it back to the manufacturer as it's a manufacture's fault.

    I don't suppose you know what extra rights are afforded by using a credit card?
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    schrodie wrote: »

    Also does buying the product on a credit card afford more rights?
    Only if the retailer fails to deal with the problem.
    I.e the retailer is willing to repair the item then the CC co would not get involved, and would not allow you to ask for a replacement, as the retailer is offering fair remedy.

    If the retailer refuses to do anything, then the CC become equally liable.
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