30 day rule - does it reset after the first repair?

hedgey77

I understand that under the New Consumer Rights Act, there is a 30 day rule in place for returning faulty goods. In my example, this is a reconditioned mobile phone bought on ebay.

The phone I received was faulty so I returned it after 15 days.

I then received a replacement which was also faulty.

I reported this 1 day after receiving the faulty phone a second and returned it 30 days after receiving it (due to being abroad).

My question is, does the 30 day rule reset after a faulty product is received for a second time (failed repair)?

The company has refused a refund and is insisting on reconditioning the phone again. They say they have a 30 day refund policy. Thanks!

neilmcl

No "reset" as such but they are only allowed one chance to repair or replace, after this you can insist on a refund.

hedgey77

neilmcl wrote: »

No "reset" as such but they are only allowed one chance to repair or replace, after this you can insist on a refund.

Thanks for quick response Neil.

I have given them 2 chances. Can I still insist even though outside of initial 30 days?

Thanks, H

wealdroam

On what date did you receive the first phone?

unholyangel

hedgey77 wrote: »

Thanks for quick response Neil.

I have given them 2 chances. Can I still insist even though outside of initial 30 days?

Thanks, H

Further to what neil has said (which does apply even after 30 days has passed), the consumer rights act states (in relation to the 30 day rejection window):

(6)If the consumer requests or agrees to the repair or replacement of goods, the period mentioned in subsection (3) or (4) stops running for the length of the waiting period.

(7)If goods supplied by the trader in response to that request or agreement do not conform to the contract, the time limit for exercising the short-term right to reject is then either—

(a)7 days after the waiting period ends, or

(b)if later, the original time limit for exercising that right, extended by the waiting period.

(8)The waiting period—

(a)begins with the day the consumer requests or agrees to the repair or replacement of the goods, and

(b)ends with the day on which the consumer receives goods supplied by the trader in response to the request or agreement.

You will have 7 days past receiving the replacement at a minimum (possibly longer depending on exact dates involved and how long was spent waiting). Your date of rejection will be the date you notified them.

(5)The right is exercised if the consumer indicates to the trader that the consumer is rejecting the goods and treating the contract as at an end.

(6)The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader.