Am I or retailer correct regards SOGA

vinny_vimto

Sorry for the long post, I would appreciate your advice, thanks in advance

I purchased a tablet computer for £499.95 on 23/12/12 and it came with a 2 year guarentee. The tablet wasn't working correctly so I returned it to them on 15/04/14. Firstly they said it would have to be sent off and repaired. I was unhappy about this but understand after 6 months they are entitled to do this. They quoted upto a month for a repair.

3 weeks later I get a phone call saying there has been a delay in finding a part and it would be a further 3 weeks added to the repair. I said this was unreasonable and was offered a new tablet with a new 2 year guarentee which was worth £399.99 which I relunctantly accepted as I wanted it to go on holiday with.

I have checked it out and it is a new model just released but is wi-fi only and not cellulr like my old one. I took it back and asked for a cellular one they said they dont sell them but I can exchange it for an ipad with cellular which I didnt want. So they said my original tablet will be back on Tuesday from repair and I can have that or a refund in cash for £399 not my original £499.99.

I said under SOGA I should be put back to a position I was before I purchased it. The woman in the shop said since I've had 1.5 years use out of it was fair especially as I have been given the offer of having my original tablet back and SOGA backs them up.

I said i have 6 years under the SOGA for them to take care of the tablet the woman said no and that the 6 years is a limit for me to raise the issue in court and the tablet doesnt have to last 6 years.

So... Should I have been given a full refund of £499.99 or is the sales woman correct and £399.99 is fair and is correct under SOGA

DevCoder

The retailer is correct and their recompense offer is far beyond what they need to offer.

Id be snatching their hand/arm/entire torso off.

dacouch

You should bite their hand off if they're offering £399

williham

They are correct on most points. The refund can have an amount deducted as you have had 1.5 years of use and the 6 years refers to the statute of limitations, not how long something should last.

OlliesDad

Can you name the supplier? It's refreshing to hear of a retailer knowing the actual law!

It sounds like they have been very compliant and you should accept their offer.

visidigi

Don't wait, accept. Allowed to reduce for use, so in answer to your question...the retailer is right, you're wrong I am afraid.

SuperHan

Retailer is right.

If you disagree with the partial refund amount, then you should take them to small claims and let a judge decide. They have only held back 20% of the initial amount though, so assuming a linear depreciation they have given the tablet a life of 7.5 years, which is excessively generous for a tablet. Add in the fact that they don't have to reduce in a linear way, and can deduct more in the first year for example to reflect the tablet is no longer brand new, they have technically provided for a tablet way over the 6 years the SoGA prescribes (even though the retailer is right and the tablet doesn't have to last that long)

Note - they are allowed to repair before 6 months too... The cut off for a tablet is probably about 2-3 weeks in which they had to refund (but this is judgemental), after that it's refund, repair or replace at essentially their discretion.

You're thinking of when the burden of proof shifts. As the tablet is older than 6 months, they can technically require you to prove the fault is inherent before they do anything under the SoGA

flashg67

But what does the warranty say as this should give rights over & above SOGA? EG if it says 2 year warranty and item will be replaced, repaired or refunded if faulty, they may be able to insist the OP waits for the repair to be done but should they deduct anything from a refund?

arcon5

Warranty is separate to soga as its most likely something provided by the manufacturer.

They are correct.
Their offer is super generous.
They probably didn't even have to assist you after you accepted the alternative but considered the case to be closed

And for clarity
6 months refers to the burden of proof, nothing more. A claim under soga could mean you have to proof the fault to be inherent.
6 years is nothing to do with soga. Its statute of limitations.

rustyboy21

A Retailer offering a fantastic service, above and beyond what they need to do and they still get moaned about !


Can't win can they ( we ) ?

somethingcorporate

Very good deal!