Faulty Tablet - rights?

WolfSong2000

Hey guys...hoping you lot can help.

In September 2012 I purchased a tablet from Amazon. It was a chinese generic one costing just shy of £200, but had good specs and the reviews were excellent.

Not long after I bought it, the tablet developed a fault. As I wasn't using it regularly I made the mistake of putting off returning it until the fault made it unusable. The company were apolagetic, took it back, repaired it and all was well...until fault developed again. Tablet was returned and this time replaced. Then, you guessed it...faulty.

It's been sent back 3 or 4 times since I've had it and has once again developed an intermittent fault (it freezes and/or wont turn on). I contacted the company and asked for a refund as the item clearly is not fit for purpose and I had tried on numerous occasions to have it repaired, and even the replacement appears to be faulty.

The company are now saying that the item is out of warranty and that they'll want £16 just to look at it, before advising of further charges to fix it. I have tried quoting the Sale of Goods Act at them and saying that the tablet is clearly not fit for purpose, but they're having none of it and simply saying that according to their own policies the tablet is out of warranty and so I have to pay.

I wouldn't be so annoyed if the item had only now developed a fault, but it has been consistently faulty since a few months after I bought it and I have been patient with them, but i feel it's now getting unreasonable, hence my desire to get a refund.

I think the next step will be going to trading standards and/or small claims court, but just wanted some advice.

Many thanks

DevCoder

Was the seller based in the U.K.?

frugal_mike

If the item is inherently faulty they have to repair, replace, or offer a (possibly partial) refund. However since it is more than 6 months since purchase it will be assumed that tge fault is not inherent unless you prove otherwise. If you prove the fault is inherent then the terms of their warranty are irrelevant as they cannot overrule your rights under the sale of goods act.

You don't specify what company you mean though. Your rights are with the retailer you purchased from, not the manufacturer. If you've been talking to the manufacturer then they can refuse to do anything beyond the warranty they agreed to.

WolfSong2000

The company - F5CS Ltd - is based in the UK, but the tablet itself is I am guessing imported from China. I bought it from Amazon UK, so not sure if they are liable if F5CS are the seller?

F5CS are like a broken record, insisting that as their warranty has run out I cannot be refunded and will have to pay for a repair.

frugal_mike

Then you may have to get and independent expert to diagnose the fault. If the fault is inherent (and not down to misuse of an accident) then the company will have to cover the cost of the report as well as offering one of the remedies above.

If they still wont play ball then you would have to take them to small claims court. Alternatively if you paid on a credit card then they are jointly and severally liable for the contract, meaning that the credit provider owes you whatever remedy the seller owes you.

I'm assuming that the company you mentioned is an amazon marketplace seller? I'm not sure what part Amazon play in the contract, but I assume your contract is with the Marketplace company and not Amazon.