Refund quoting limitation act

loulala1

I quoted the limitation act on a faulty product because you still have legal rights to have a refund on a faulty product, if its less than 6 years old. I was refused a refund. I was told to take the problem to the manufacturer. I then went on to say the contract was with the retailer and that I still want a refund but they refused to help.

Sometimes taking advice from here ties you up in further knots.

I am not a happy bunny!

wealdroam

loulala1 wrote: »

I quoted the limitation act on a faulty product because you still have legal rights to have a refund on a faulty product, if its less than 6 years old. I was refused a refund. I was told to take the problem to the manufacturer. I then went on to say the contract was with the retailer and that I still want a refund but they refused to help.

Sometimes taking advice from here ties you up in further knots.

I am not a happy bunny!

Not sure where you got the idea you could get a refund up to six years after purchase.

You are right it is the Limitations Act that specifies six years, but it is the sale of Goods Act that states that you can seek a remedy from the seller within that time limit.

There are some strings attached though.

Have a read of MSE's Consumer Rights guide to discover what your rights really are.

DaveTheMus

what was the appliance and how did it break?

marliepanda

More information needed.

Nowhere on this site does it say you can have a refund on faulty products up to 6 years from purchase with no ifs ands or buts.

loulala1

This is what I read from this site. Its suggests I would get a refund if i am armoured with the right facts. I bought a IPL machine in 2012. It cost over £400. 3 months later it was completely dead. I had a replacement in July 2012. Its been dead for months but I havent got around to taking it back until today. The fault appears to be the same as the last fault so there seems to be a problem with the design product itself.
I read the information from this site...................................
Since 2003, consumers have had extra benefit from The Sale And Supply of Goods To Consumers Regulations.
When goods are faulty, if you return them within six months then it's up to the shop to prove they weren't faulty when you bought them. After this, the burden of proof shifts and it's up to you to prove they were faulty when you bought them.
But that's not all. There's another piece of legislation called the Limitations Act (it's the Prescription and Limitation Act in Scotland) that can help you out.
You have up to six years after you bought a good to complain
(In Scotland, it's five years after you first realised there was a problem)

This comes in handy if you buy goods, but don't use them for a few months or if something breaks after the six month rule and the fault was likely to have been there all along. Yet the longer it's been and the less durable the item, the harder it'll be to fight for a full refund. In such a case, you might have to accept a partial refund or credit note.

molerat

loulala1 wrote: »

This is what I read from this site. Its suggests I would get a refund if i am armoured with the right facts. I bought a IPL machine in 2012. It cost over £400. 3 months later it was completely dead. I had a replacement in July 2012. Its been dead for months but I havent got around to taking it back until today. The fault appears to be the same as the last fault so there seems to be a problem with the design product itself.
I read the information from this site...................................
Since 2003, consumers have had extra benefit from The Sale And Supply of Goods To Consumers Regulations.
When goods are faulty, if you return them within six months then it's up to the shop to prove they weren't faulty when you bought them. After this, the burden of proof shifts and it's up to you to prove they were faulty when you bought them.
But that's not all. There's another piece of legislation called the Limitations Act (it's the Prescription and Limitation Act in Scotland) that can help you out.
You have up to six years after you bought a good to complain
(In Scotland, it's five years after you first realised there was a problem)

This comes in handy if you buy goods, but don't use them for a few months or if something breaks after the six month rule and the fault was likely to have been there all along. Yet the longer it's been and the less durable the item, the harder it'll be to fight for a full refund. In such a case, you might have to accept a partial refund or credit note.

So what have you done to prove this ? I assume this was a domestic product and not for commercial salon use.

wealdroam

Yes, that's fine as far as it goes.

An important bit that you have already quoted is:

When goods are faulty, if you return them within six months then it's up to the shop to prove they weren't faulty when you bought them. After this, the burden of proof shifts and it's up to you to prove they were faulty when you bought them.

As you are now nearly two years after purchase date, you need to prove to the seller that the problem was present at the time of sale.

loulala1

Also I wanted to prove to the shop that the product was dead by suggesting they plug it in. They simply refused to do so.
Laughable really

shaun_from_Africa

You are correct in thinking that the limitations act gives you up to 6 years to lodge a complaint, but this act on its own doesn't automatically entitle you to any refund, repair or other compensation. All it means is that a complaint that you lodge must be considered.

When attempting to claim a resolution under the sale of goods act or sale and supply of good regulations, there are certain requirements that you must abide by.
One of these is the 6 month period that you mention, after which time the onus is on the consumer to prove that any defect is due to a manufacturing defect. You first purchased the item in question in early 2012 and it is this date that the contract of sale was formed and the 6 month limit started. Any replacement that you received at a later date doesn't reset the clock with regards to the 6 month limit. This only runs from the date of the initial purchase.

wealdroam

loulala1 wrote: »

Also I wanted to prove to the shop that the product was dead by suggesting they plug it in. They simply refused to do so.
Laughable really

What does that prove though?

Just that it doesn't work.

For all they know you may've bounced it down the stairs onto a concrete floor.

The meer fact that it doesn't work now is not proof that the thing was faulty at the time of sale.

shaun_from_Africa

loulala1 wrote: »

Also I wanted to prove to the shop that the product was dead by suggesting they plug it in. They simply refused to do so.
Laughable really

Why?
proving it doesn't work is not enough. You must prove that it doesn't work because of a manufacturing defect. The failure could have been caused by misuse.