Do I have to accept that I am out of pocket?

wealdroam

LauraM001 wrote: »

Yes because it would have been the same product that already had a years use out of it. Not something they are giving me that is brand new.

I don't want to rent a headset for two years which is what I feel like I have done and what you guys are telling me I have basically done. (Made by the same company actually too!)

I don't think it's unreasonable for me to want 2 years use out of 1 headset considering I have an "old faithful" set that's been around for 5 years now and still works a treat.

Well I have tried to explain how things work, as have others.

Maybe your next call should be to CAB:

http://www.citizensadvice.org.uk/

Sorry.

LauraM001

This article conflicts a little bit with what some of you have said: thisismoney .co.uk /money/bills/article-1677034/Two-year-warranty-EU-law.html

So now I'm even more confused than when I started.

I will contact the CAB thanks

wealdroam

LauraM001 wrote: »

This article conflicts a little bit with what some of you have said: thisismoney .co.uk /money/bills/article-1677034/Two-year-warranty-EU-law.html

So now I'm even more confused than when I started.

I will contact the CAB thanks

That article, or rather the European Directive behind it, insists that Eu member states must allow consumers to seek a remedy for up to two years following a sale.

The Sale of Goods Act allows a consumer to seek a remedy from a seller for up to six years after a sale.

Here's a quote from a random Trading Standards Dept website (Brighton & Hove) which says pretty much the same thing:

Q. I've heard that under European Union (EU) law I'm allowed a two year minimum guarantee on goods. Is that correct?
A. EU Directive 1999/44/EC states that all European Union member states must allow consumers to make a claim for faulty or misdescribed goods under their consumer rights for a minimum of two years. English law already allows you to make a claim for up to six years from the date you bought the goods and for up to five years in Scotland. Therefore if you buy any goods from any other EU member state, you can assume that you can make a claim for faulty or misdescribed goods for at least two years after.

frugal_mike

LauraM001 wrote: »

This article conflicts a little bit with what some of you have said: thisismoney .co.uk /money/bills/article-1677034/Two-year-warranty-EU-law.html

So now I'm even more confused than when I started.

I will contact the CAB thanks

I don't see anything in that article that doesn't back up what has been explained to you by other posters. It talks of the EU directive stating that goods should have 2 year guarantees, but it also says that the directive has not been implemented into UK law so you can't rely on it. UK law is what the retailers have to follow.

Even assuming that you could use the directive, you say that the manufacturer said your warranty ran out on the 16th October. Give that you bought the goods about 2 years ago, I assume that means that the 2 years was up on the 16th October? In that case the 2 year guarantee the EU directive would have given you was up then too.

Remember that you did not buy the second headset. As far as the law is concerned you bought one headset, and you have had that one headset for two years. The fact that the original headset was replaced for a physically new headset doesn't change anything. They could just have easily have repaired the original headset, and as far as the law is concerned that would have been no different. You paid for a headset, and are entitled to use of a headset for a reasonable period of time.

In UK law (specifically the Sale of Goods Act) the goods have to last a reasonable time and be fit for purpose. What a reasonable time is will probably mainly depend on how much you paid for the headset. If 2 years is not a reasonable length of time you have a claim under the Sale of Goods Act, but only if the fault is inherent. After the first 6 months has passed it will be assumed that the fault is not inherent, and it is up to you to prove otherwise (with an independent report).

LauraM001

frugal_mike wrote: »

I don't see anything in that article that doesn't back up what has been explained to you by other posters. It talks of the EU directive stating that goods should have 2 year guarantees, but it also says that the directive has not been implemented into UK law so you can't rely on it. UK law is what the retailers have to follow.

Even assuming that you could use the directive, you say that the manufacturer said your warranty ran out on the 16th October. Give that you bought the goods about 2 years ago, I assume that means that the 2 years was up on the 16th October? In that case the 2 year guarantee the EU directive would have given you was up then too.

Remember that you did not buy the second headset. As far as the law is concerned you bought one headset, and you have had that one headset for two years. The fact that the original headset was replaced for a physically new headset doesn't change anything. They could just have easily have repaired the original headset, and as far as the law is concerned that would have been no different. You paid for a headset, and are entitled to use of a headset for a reasonable period of time.

In UK law (specifically the Sale of Goods Act) the goods have to last a reasonable time and be fit for purpose. What a reasonable time is will probably mainly depend on how much you paid for the headset. If 2 years is not a reasonable length of time you have a claim under the Sale of Goods Act, but only if the fault is inherent. After the first 6 months has passed it will be assumed that the fault is not inherent, and it is up to you to prove otherwise (with an independent report).

Thank you, you have explained it in a way I understand. Do you have any idea how I could go about looking to to get the independent report done? I don't know where to start

paddyrg

I haven't seen any mention of price - that'll have a bearing on how long it 'should' last. Are we talking £200 or £20?

The fact that both failed in the same way, same ear, etc despite being different models suggests it could be a handling issue, perhaps you always the the headphones off with your right hand as opposed to gently with both hands/whatever. A £200 set might be built better and handle that for 2 years, a £20 set might not

frugal_mike

Yes, without knowing the price and the make/model it's hard to know whether 2 years is reasonable or not.

As for an independent report I'm not sure, you'd have to find a repair shop that would be willing to investigate it for you. The report would have to say whether or not the fault was inherent (as opposed to accidental damage of the form paddyrg talked about above). You'll probably have to pay for the report, but the retailer would have to refund that if the report was in your favour.

It's worth noting that you wouldn't be due a full refund either. The retailer can choose to repair or replace, or if they want they can give a partial refund to take into account the usage you have had. For example if something should last 4 years but it lasts 2 then you will at most get 50% of the money back assuming linear depreciation in value.

LauraM001

paddyrg wrote: »

I haven't seen any mention of price - that'll have a bearing on how long it 'should' last. Are we talking £200 or £20?

The fact that both failed in the same way, same ear, etc despite being different models suggests it could be a handling issue, perhaps you always the the headphones off with your right hand as opposed to gently with both hands/whatever. A £200 set might be built better and handle that for 2 years, a £20 set might not

It was around £120. I do know that it is a common fault with a lot of gaming headsets just from speaking to people and looking on the internet.

LauraM001

frugal_mike wrote: »

Yes, without knowing the price and the make/model it's hard to know whether 2 years is reasonable or not.

As for an independent report I'm not sure, you'd have to find a repair shop that would be willing to investigate it for you. The report would have to say whether or not the fault was inherent (as opposed to accidental damage of the form paddyrg talked about above). You'll probably have to pay for the report, but the retailer would have to refund that if the report was in your favour.

It's worth noting that you wouldn't be due a full refund either. The retailer can choose to repair or replace, or if they want they can give a partial refund to take into account the usage you have had. For example if something should last 4 years but it lasts 2 then you will at most get 50% of the money back assuming linear depreciation in value.

It was a Tritton 720+

To be honest I'm not really bothered if I get a full refund or as at this point it has become more about the principle of the thing as I know how well I looked after the headset.

Thank you for your help.

unholyangel

LauraM001 wrote: »

It was a Tritton 720+

To be honest I'm not really bothered if I get a full refund or as at this point it has become more about the principle of the thing as I know how well I looked after the headset.

Thank you for your help.

Doesnt particularly help you now but x11's (turtle beach) tend to be long lasting. I've had my pair 4 years, know dozens of other people with them and they've all had theirs 3+ years.....some even got them extremely cheap (£25....was £40 or £50 when I bought mine).

Not top end ones but they were definitely worth what I paid and then some.