Seeking refund on 2nd (replacement) faulty android tablet - time limits and rights?

annie-c

I ordered an android tablet from an Amazon Marketplace seller on 22 August. Within 10 days it had developed several faults and most notably would no longer charge. I rejected it under the Sale of Goods Act and agreed to a replacement and refund of my return postage costs. I received the replacement about 2 weeks ago but within just a few charges, the charging port on this one became loose and stopped working. I messaged again, via Amazon, this time rejecting the tablet and requesting a refund.

The seller has this time refused a refund on the grounds that it is now more than 28 days since purchase, and has offered a repair instead.

Am I within my rights to persist in requesting a full refund, since I have actually only had this (replacement model) for 2 weeks?

Thanks for any help.

Cycrow

the simple answer is no

you can get a refund, replacement, or repair. But you cant force the retailer into a more expensive option, which means the retailer gets to pick the remedy.

annie-c

My understanding was that a buyer can reject faulty goods and request a refund (rather than a repair or replacement) within the first 28 days (and the seller seems to be acknowledging this).

The difference of opinion between us is about whether the clock starts from the delivery of the original tablet, or from the time of delivery of the replacement tablet (only 2 weeks ago).

stugib

annie-c wrote: »

My understanding was that a buyer can reject faulty goods and request a refund (rather than a repair or replacement) within the first 28 days (and the seller seems to be acknowledging this).

A specific time period is not specified in law. Only 'reasonable time'. Some retailers, to add some clarity, interpret this as 28 days.

Cycrow

there is no set time, its based on acceptance of goods.

even if there was a set time, then the time will always be from the purchase date, the same with things like warrantees.

if you buy something with a 2 year warranty and it breaks after a year, the replacement will only have the remaining 1 year warranty, not a new 2 year one, as the warranty is always from the date of purchase.

the 28 days that is offered by the retailer, is their policy and is above your statutory rights, and they are free to put any conditions or restrictions they like on this as long as it doesn't effect your statutory right.

if you do reject goods, you need to make it clear that you are rejecting them under SOGA