What are my consumer rights when it comes to consequential loss?

re-rewind

We bought a Tablet for my Sons birthday, One of his other resents was a Case that came with a stylus en to use with his tablet.

We happened to notice deep scratches over his screen at the end of the day and him having used it most of the day (he is only 7) and then realised that the rubber on the end of the stylus is very flexible and was moving so much that it was uncovering a metal edge which had been doing this to the screen.

The company in question want nothing to do with it and wont offer anything. (came form Ebay).

Ebay resolution centre is useless (which is odd because I thought eBay favoured with buyers most of the time anyhow). So just wondered where i stand with getting some sort of compensatory loss for where this tablet's screen is now ruined on the first day he used it.

Any opinions lease or are we just wasting our time contacting consumer rights etc etc

unholyangel

Did the case come with a screen protector too? Or did you have a screen protector?

zoob

How are you trying to claim consequential loss from? Your 7 year old son for being heavy handed with the stylus, that are designed to be used with a light touch or is there a fault with the stylus?

re-rewind

No screen protector just a faulty stylus. As mentioned it takes a slight movement to uncover this sharp metal edgr

soolin

re-rewind wrote: »

No screen protector just a faulty stylus. As mentioned it takes a slight movement to uncover this sharp metal edgr

Was it a branded stylus from an authorised seller, if not I suspect it was just a generic cheap one from the Far East and they do need a lot of caution when using. I got a free stylus with iPad cases that I bought and threw the stylus away as they just looked completely unsuitable for use on a tablet.

re-rewind

soolin wrote: »

Was it a branded stylus from an authorised seller, if not I suspect it was just a generic cheap one from the Far East and they do need a lot of caution when using. I got a free stylus with iPad cases that I bought and threw the stylus away as they just looked completely unsuitable for use on a tablet.

But it legal terms what would it means for me as a buyer with the confines of the law do you think it is worth contacting consumer rights for advice?

wealdroam

re-rewind wrote: »

We bought a Tablet for my Sons birthday, One of his other resents was a Case that came with a stylus en to use with his tablet.

We happened to notice deep scratches over his screen at the end of the day and him having used it most of the day (he is only 7) and then realised that the rubber on the end of the stylus is very flexible and was moving so much that it was uncovering a metal edge which had been doing this to the screen.

The company in question want nothing to do with it and wont offer anything. (came form Ebay).

Ebay resolution centre is useless (which is odd because I thought eBay favoured with buyers most of the time anyhow). So just wondered where i stand with getting some sort of compensatory loss for where this tablet's screen is now ruined on the first day he used it.

Any opinions lease or are we just wasting our time contacting consumer rights etc etc

So your son received the stylus as a gift.

Who was the gift from?

I ask because legally (you did ask for your legal position) it is usually the purchaser that has the rights under The Sale of Goods Act.

The Sale of Goods Act does allow the buyer to seek compensation for damage caused due to a faulty product.

Where is the seller of the cover/stylus based? In the UK, Europe, or further afield?

Who are 'Consumer Rights' that you are considering contacting?

You might like to read MSE's How to Complain article.

bris

Most of these case sellers come from China or are Chinese based sellers that have huge shipping warehouses in the UK. Either way getting consequential loss from them will be darn near impossible.

soolin

re-rewind wrote: »

But it legal terms what would it means for me as a buyer with the confines of the law do you think it is worth contacting consumer rights for advice?

That was really the point of my post. If this was a branded product specifically for use with the tablet and it would be likely to be considered child proof then yes, I think it would be worth contacting the manufacturer.

If it was a generic product, and not sold to go with the tablet, and not made with a 7 year old child in mind then I think you may well struggle.

That is just my personal opinion though.