Is it the buyers right to choose repair or replace when goods are under warranty?

the_lovable_nut

I'm just looking for a bit of clarification. I bought my daughter a tablet computer April of last year meaning it is still a good two months within it's 12 month warranty. The other night a small metal piece fell out of it making it impossible to recharge the device. Our obvious first port of call was to the shop from which we bought the tablet where we asked about exchanging the device. To our dismay however we were told that the tablet would have to be sent away for assessment and repair. The notion of replacement or exchange for an alternative tablet would not be entertained. The sale of goods act states that the buyer can expect the seller to repair or replace faulty goods at the sellers expense. So here are my questions. Is there a time limit within the 12 month warranty period where the buyer loses the right to automatically expect a refund or replacement? Also if they do concede that the tablet is faulty should it not be up to us if it is repaired or replaced? Any views anyone?
Thanks in advance.

DCFC79

After six months its down to you to prove its been faulty from when you bought it but would have thought this should have been explained in what you found with regards to soga, there's even a sticky on here about what your rights are.

Can't answer the question but again this should be covered in the forums sticky.

Fosterdog

SoGA states that you can request a repair, replacement or refund (this can be a reduced amount to take account of the use you've had out of it already). However the retailer can choose a different option if your chosen method is not cost effective for them.

To be honest a 10 month old tablet is highly unlikely to be inherently faulty with the symptom being a metal pin falling out. The most likely (and most common) reason for this is accidental damage, usually the charger being forced in upside down or being knocked or pulled out abruptly. With the upside down charger problem it is unlikely to completely snap off after just one attempt to force it in the wrong way and is usually from repeated attempts.

The reason the shop will send it away to the manufacturer is to determine whether it is accidental damage or not, if not it will be fixed and sent back to you if it is then it won't be repaired unless you pay.

What tablet is it? (Blackberry Playbook by any chance?)

How old is your daughter? Could she have accidentally put the charger in the wrong way?

wealdroam

You have not automatic right to a repair or refund just because a bit fell off the thing.

Under the Sale of Goods Act you are entitled to a remedy if the fault is deemed to be inherent.

That remedy could be a refund, repair or replacement.
You can choose which, but you cannot force the seller to provide a remedy which is impossible or disproportionately costly.
So effectively, the seller chooses the remedy.

You are also mixing up warranties and statutory requirements.

To save writing lots more, can I point you towards MSE's Consumer rights article for more detail?

SuperHan

You lost the right to an immediate refund about 2-4 weeks after buying the tablet. From then on, it was a repair, refund or replacement, and if you were claiming under the warranty and not SoGA, the T&Cs will almost definitely say you get a repair and anything else will only be entertained after they deem a repair impossible.

As above though, if they do repair free of charge, count your blessings, because after 10 months it's almost 100% certain that this is accidental damage or user error, not an inherent fault! And if that is the case, you're not entitled to anything at all.

vyle

I'd better add this because nobody else has:

You're asking about the warranty - the warranty can say and resolve the issue however it wants, because the warranty is in addition to your statutory rights. It has NOTHING TO DO with the soga.

If you're trying to demand a repair/replacement/refund under the soga, you have to, at this stage, prove that it is inherantly faulty, and they don't have to even send it off for inspection. That's your job.

So, do you want it sorted out under warranty, or do you want to use the soga? You can't have a little bit of one, and a little bit of the other.

the_lovable_nut

Yowsers folks! Thanks everyone for your responses, lots for me to take in and read up on. In response to some of the questions asked, my daughter is 10 but usually very careful. I don't know if the charger has ever been forced in at any point however the pin fell out when the charger was being removed. The tablet itself is an archos arnova, nothing too pricey however I would have expected it to be durable enough to last at least 12 months. I'll take all your comments on board and see what happens. Thanks again.

misselliott

I too need help
Puchased playbook dec 2012, item would not charge, took back to pc world/currys to be told ring blackberry direct as they deal direct .
Blackberry have said we have broken playbook and £113 to repair.
I dont belive we have broken it at all and its not fit for purpose,We had problems charging from day one.
has anyone else had the same bother,I want to go back to pc world/currys store but need to kow my rights.

Slowhand

misselliott wrote: »

I too need help
Puchased playbook dec 2012, item would not charge, took back to pc world/currys to be told ring blackberry direct as they deal direct .
Blackberry have said we have broken playbook and £113 to repair.
I dont belive we have broken it at all and its not fit for purpose,We had problems charging from day one.
has anyone else had the same bother,I want to go back to pc world/currys store but need to kow my rights.

A bit more detail is needed. Accurate dates for everything would be a start please.

misselliott

purchased 22.12.12
brought for nine year old daughter, not used much .
from one month in had trouble charging.
looked at web and some people stated buy a new charger so we did this around june.
still no better. august nothing wouldnt turn on wouldnt charge.
pc world/currys gave phone number for blackberry direct
had problems with fex ex collection finally collected.
emails received from blackberry tracking item couldnt fault them on this.
email received stating we had damaged charging pins. damaged pcb .usb copper lines and soldering pad psb broken.they attached a photo attached to email .£113 to repair or they will return unfixed.
im not paying this as not a year old.
2.9.13 item returned to me.

Al_Ross

If the dc socket is broken in bits ,they will say this is down to physical damage and will not be covered.
Most likely will need a new motherboard,so uneconomical repair.