Faulty Baby Monitor

Rajarani_2

Please help!
I purchased a Samsung baby monitor in October 2012. Recently it developed a fault(Monitor is not turning on). I have contacted the seller and they said that they had contacted the Samsung and they can't repair as they haven't got a repair centre for baby monitors and can't refund or replace the item as it is out of one year warranty period.
They are asking me for a solution appropriate to solve this!
Could anyone please suggest me a solution when it can't be repaired, replaced or refunded.
Thank you.

unholyangel

Samsung have said they wont repair/replace/refund. What about the retailer? It is them who entered into a contract with you after all.

However, given its more than 6 months from purchase, it would be up to you to prove the fault is inherent before they would be obliged to offer a remedy (and refund can be partial to take into account usage you have had - you can request one remedy but they can refuse if its disproportionately costly in comparison to another however their chosen remedy should be carried out within a reasonable time).

How much did the baby monitor cost? Is it the receiver or transmitter that isnt working?

wealdroam

Rajarani wrote: »

Please help!
I purchased a Samsung baby monitor in October 2012. Recently it developed a fault(Monitor is not turning on). I have contacted the seller and they said that they had contacted the Samsung and they can't repair as they haven't got a repair centre for baby monitors and can't refund or replace the item as it is out of one year warranty period.
They are asking me for a solution appropriate to solve this!
Could anyone please suggest me a solution when it can't be repaired, replaced or refunded.
Thank you.

The seller is responsible for providing the remedy, not Samsung.

Here is an extract from MSE's Consumer Rights guide:

Know who's responsible

When returning items, beware shops trying the oldest trick in the book: saying they're not responsible for the shoddy goods and you must call the manufacturer. This is total nonsense!

If a company fobs you off by saying “go to the maker instead”, it's wrong. It's the retailer's job to sort it.

It doesn't matter if it's an iPod from a high street shop or a designer frock from a department store. If something's broken, torn, ripped or faulty, the seller has a legal duty to put it right as your contract is with them.

However, you will also see in that document:

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.

I would be seeking a refund from the seller.
It is worth noting that any refund offered can be reduced to take account of the use you have had.

Rajarani_2

It costed £89.99. It's the retailer who contacted Samsung. Its the monitor which is not turning on.