Offered Repair under Warranty on brand new item?

Nodding_Donkey

I always make sure I get a refund in cases like this. Even if you then turn round and buy another. the reason is that once you have accepted a repair the right to return is gone i.e. if something else goes wrong you have to accept a repair. The other point is that the warranty starts from when you bought the item.

wealdroam

Nodding_Donkey wrote: »

I always make sure I get a refund in cases like this. Even if you then turn round and buy another. the reason is that once you have accepted a repair the right to return is gone i.e. if something else goes wrong you have to accept a repair. The other point is that the warranty starts from when you bought the item.

You are right on the second point, about when the warranty starts, but are mistaken in believing that accepting a repair means you cannot then reject the goods.

Section 35 of SoGA says (amongst other good things):

(6)The buyer is not by virtue of this section deemed to have accepted the goods merely because—
(a)he asks for, or agrees to, their repair by or under an arrangement with the seller,

In other words, having accepted the repair, if the thing still does not conform to contract, the buyer can still reject the goods.

shaun_from_Africa

Nodding_Donkey wrote: »

I always make sure I get a refund in cases like this. Even if you then turn round and buy another. the reason is that once you have accepted a repair the right to return is gone i.e. if something else goes wrong you have to accept a repair. The other point is that the warranty starts from when you bought the item.

If you agree to a repair, this doesn't mean that you have legally accepted the goods and as such you still have the right to reject them should the repair be unsuccessful.
If the repair works and the goods fail shortly afterwards (even if it is a different fault) you would still have the right of rejection provided that a reasonable time hadn't passed since the repaired goods were collected/delivered.

Nodding_Donkey

Ahh that's good to know

CynicalScotsman

The distance selling regulations make the seller liable for return postage if the buyer has the right to reject the goods, irrespective of what the terms and conditions say.

No, the DSR only make the seller responsible if they don't state in the T&C who pays for the return. If the T&C state the consumer pays.. the consumer pays.

The right to reject goods does not automatically mean a free return.

From Which:

What should you get back?
The original cost of the outbound postage to you should always be refunded by the seller.
The seller's terms and conditions or returns policy should state who pays the cost of returning the item.
If they don't state this, then the seller has to cover the cost.
In this case, you're entitled to a refund of the total amount you paid, including costs to ship the item to you, and the fee to return the item. No admin or restocking fees should be charged.

From OFT:

Returning goods
Only if it is covered in the contract and the written information can you require the consumer to pay for the cost of returning the ordered goods. If the consumer then fails to return the goods, or sends them at your expense, you can charge them the direct cost to you of the return, even if you have already refunded the consumer’s money. You are not allowed to
make any further charges, such as a restocking charge or an administration charge.
If you do not include these details in the required written information then you cannot charge anything. You can never require consumers to pay the cost of returning substitute goods. If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances.

wealdroam

CynicalScotsman wrote: »

No, the DSR only make the seller responsible if they don't state in the T&C who pays for the return. If the T&C state the consumer pays.. the consumer pays.

The right to reject goods does not automatically mean a free return.

From Which:


From OFT:

Have another look at the last sentence in your second quote.
It says:

If the goods are faulty or do not comply with the contract, you will have to pay for their return whatever the circumstances.

Thus rejecting goods does automatically mean a free return.

Remember, one can only reject goods if they are faulty or do not comply with the contract.

shaun_from_Africa

CynicalScotsman wrote: »

No, the DSR only make the seller responsible if they don't state in the T&C who pays for the return. If the T&C state the consumer pays.. the consumer pays.

The right to reject goods does not automatically mean a free return.

From Which:


From OFT:

You are confusing two different things concerning return costs.
If the buyer has the right of rejection then the seller must cover the return costs irrespective of their terms and conditions.
It is only if the buyer is returning the goods as not required or not suitable that they may have to cover the return costs.

The DSR's.

(5)!Subject to paragraphs (6) and (7), the supplier may make a charge, not exceeding the direct costs of recovering any goods supplied under the contract, where a term of the contract provides that the consumer must return any goods supplied if he cancels the contract under regulation 10 but the consumer does not comply with this provision or returns the goods at the expense of the supplier. (6)!Paragraph (5) shall not apply where— (a)the consumer cancels in circumstances where he has the right to reject the goods under a term of the contract, including a term implied by virtue of any enactment

CynicalScotsman

The context of my initial reply stated that there were two methods of which he could return:

1) Under SOGA by rejecting the goods and getting a free return

or

2) Utilise DSR as someone else suggested to avoid unnecessary problems with the retailer. However the OP may be liable for return costs.

FrugalMike, replied by stating that under DSR you automatically have the right to a free return. My last reply was to highlight that under DSR simply cancelling under DSR does not automatically give you this right.

shaun_from_Africa

CynicalScotsman wrote: »

FrugalMike, replied by stating that under DSR you automatically have the right to A free return. My last reply was to highlight that under DSR simply cancelling under DSR does not automatically give you this right.

He didn't state this. What he said was that if you reject the goods you have the right to a free return, and you even quoted the sentence where he stated this in your post.

frugal_mike wrote: »

The distance selling regulations make the seller liable for return postage if the buyer has the right to reject the goods, irrespective of what the terms and conditions say.

wealdroam

CynicalScotsman wrote: »

My last reply was to highlight that under DSR simply cancelling under DSR does not automatically give you this right.

Unfortunately, that isn't what you said though.

You, mistakenly I guess, used the word 'reject' which means something different:

CynicalScotsman wrote: »

The right to reject goods does not automatically mean a free return.