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Do I go back to Currys?
Comments
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earthstorm wrote: »The retailers rights are 100% relevant as they can offer a repair/replacement or refund ( this is upto them) and not upto the consumer to say i was a refund or replacement.
It might be up to them. It depends on how long after purchase the goods failed and how long it would take to repair or replace the faulty item.
As to the retailer having rights, I did state that their rights are irrelevant to people on here "provided that the correct consumer advice is given"0 -
not trueGeorge_Michael wrote: »It might be up to them. It depends on how long after purchase the goods failed and how long it would take to repair or replace the faulty item.
"
upto 6 months you have to prove its an inherent fault after that its up to the retaier to prove this, but wither way it is upto the retailer if he offers a repair or offers a replacement or gives you a refund regardless of the timeframe. you can ask for a replacement or refund, but the retailer can refuse and offer a repair, this is their choice.
so retailers do also have rights under consumer law.0 -
earthstorm wrote: »not true
upto 6 months you have to prove its an inherent fault after that its up to the retaier to prove this, but wither way it is upto the retailer if he offers a repair or offers a replacement or gives you a refund regardless of the timeframe. you can ask for a replacement or refund, but the retailer can refuse and offer a repair, this is their choice.
so retailers do also have rights under consumer law.
Not true, it's the other way around. In the first six months it's down to the retailer to prove the fault is not inherent and after six months for the consumer to prove it is inherent.
This also only come into play once acceptance has occurred so a consumer can demand a refund on an item rejected withing a certain time.0 -
Distance Selling Regulations and 7 days. purchasing in a shop you dont have these rights and after 11 months you dont have any rights to reject, so a retailer has a choice what they will offer not the consumer.
This also only come into play once acceptance has occurred so a consumer can demand a refund on an item rejected withing a certain time.0 -
earthstorm wrote: »but wither way it is upto the retailer if he offers a repair or offers a replacement or gives you a refund regardless of the timeframe.
Not quite true, it is up to the customer the remedy (repair, replacement or refund), however the retailer can decline if the cost is disproportional compared to other remedies.
In addition, until the customer is deemed to have accepted the goods (enough time to ensure the goods conform to contract) they can demand a refund, this time varies dependent on the product, however for a basic electrical item it may be 1 week or even a month for complex items.0 -
earthstorm wrote: »Distance Selling Regulations and 7 days. purchasing in a shop you dont have these rights and after 11 months you dont have any rights to reject, so a retailer has a choice what they will offer not the consumer.
The rights mentioned are in SoGA (Section 35 i believe).
As you are a retailer it may be a good idea to read the OFT guide:
http://www.oft.gov.uk/shared_oft/738369/738375/OFT002_SOGA_explained.pdf0 -
earthstorm wrote: »Distance Selling Regulations and 7 days. purchasing in a shop you dont have these rights and after 11 months you dont have any rights to reject, so a retailer has a choice what they will offer not the consumer.
If acceptance has not occurred (as defined in the Sale of Goods act) then a consumer can reject goods that do not conform to contract. In these circumstances the retailer must refund. Also when the retailer does offer a repair or replacement they must not unreasonably inconvenience the consumer.0 -
And as I mentioned earlier, not withstanding the OP's rights, they'll more than likely be able to sort this under the manufacturers warranty.0
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