Return for refund or repair?

Leon64

Hello,
I hope this is the right place to post!
I just took a mobile phone back to currys because it has developed many faults, and assumed that, because it's less than a year since I bought it, I would be entitled to a refund straight away, but I was told that it would have to be sent away for repair......somewhat disappointed as I had already reserved the phone I was going to replace it with and now I'm left waiting up to 28 days to see what they say about my old one. Is there any way I can "demand" a refund, or am I at their mercy?
Thanks

cono1717

Within the first 6 months the onus is on the retailer to prove its not a manufacturing fault after that the onus is on you.

That first 6 months is essentially extended by currys to 12 months but the retailer can choose to repair refund or replace it at no significant inconvenience to you, you could argue that 28days without a phone is inconvenient but its a grey area.

Leon64

Thank you, currys seem to be going through the sony warranty.....it's all very confusing to me! can you still take anything back to argos for a refund, if its faulty within 12 months? I bought from currys because I thought it was the case in all big "IRL" shops, but apparently not!

AJXX

Retailers have always been allowed to repair, replace or refund, at their own choice - you can't "demand" something, simply because you wrongly assumed you are entitle to a refund so reserved another phone.

Even if they did decide to refund, they're well within their rights to issue a refund minus x amount of months you've actually had the phone.

Also, while 28 days does seem quite a long time, I'd find it hard that any court would accept that as a "significant inconvenience".

Leon64

I put demand in quotation marks because I couldn't think of a better word....I just wanted to clear up whether I was actually technically entitled to a refund or not.

Leon64

Having said that, where does the fact that something needs to work for a reasonable amount of time come in? Do they still have the option to repair or can you ask for a refund? I've only had it since April!

unholyangel

Once goods have been accepted (which they undoubtedly have in this case) you can request a repair, replacement or refund (which can be partial to take into account usage you have had) but the retailer can refuse if your chosen remedy is disproportionately costly in comparison to another remedy.

Last time I had cause to return something to argos, they simply sent it off to the manufacturer to be repaired under warranty - so it seems as if they're the same as currys.

AJXX

"reasonable amount of time" is not defined in SOGA, it depends on several factors including cost.

For example, would you expect a £10 kettle to last more than a year?

Really, only a court would decide what a reasonable amount of time was.

If you state that your phone is only 5 months old then curries are doing the right thing in attempting to remedy the fault.

Had it been 6 months old, the onus is on you to prove an inherent fault (especially if you want a refund), which is significantly more difficult.

unholyangel

Leon64 wrote: »

Having said that, where does the fact that something needs to work for a reasonable amount of time come in? Do they still have the option to repair or can you ask for a refund? I've only had it since April!

The base of that stipulation is that retailers shouldn't be made liable for an unduly long period. If you buy a £15 microwave and it breaks after 2 years, its most likely lasted a reasonable length of time - and therefore no remedy would be due. But a £150 one breaking after that length of time due to an inherent fault? IMO that wouldn't have lasted a reasonable time.

However SoGA doesn't actually say goods must last a reasonable length of time. It just says:

(2A)For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

(2B)For the purposes of this Act, the quality of goods includes their state and condition and the following (among others) are in appropriate cases aspects of the quality of goods—

(a)fitness for all the purposes for which goods of the kind in question are commonly supplied,
(b)appearance and finish,
(c)freedom from minor defects,
(d)safety, and
(e)durability.