Returns, Warranty and the Law

jezzer_72

Hi All,

I pre-ordered a mobile from the infamous Carphone Warehouse (CPW) in sept 2015. Phone was delivered in Oct 2015 (purchase was complete on the 1st oct) .

The phone is an LG/Google Nexus 5x.

Last night the charger stopped working... it maybe the cable but i have no way of telling as it uses a yet to be standard issue USB-C port. I've tested the phone so i know it is definitely the charger or cable.

I went to a store today and they said a charger was an accessory and excluded from warranty after 6 months. This doesn't seem right to me seeing as the charger is pretty essential to the normal use of the phone.

Turns out the manager of that store got it wrong anyway, as accessories have 12 months, battery has 6 months and the handset 24 months.

With this being said, they should replace it under warranty. In preparation for a verbal disagreement tomorrow, i am reading the consumer rights to refresh my memory.

If they persist, am i right in saying i'm covered by the Consumer Rights Act 2015, a charger is essential for the working device so shouldn't be classed as an accessory as without it you have no handset (i know this could be a leap but it's a logical leap), CPW have to deal with this and not direct me to a manufacturer, Can i use the Limitations Act to get a refund if i wanted one (the phone is rubbish anyway).

Finally, i paid by credit card, is there anything they can do? If CPW resist to the point we are at stand off? I can't work out if this sort of thing is covered.

Thanks in advance.

wealdroam

jezzer_72 wrote: »

Hi All,

I pre-ordered a mobile from the infamous Carphone Warehouse (CPW) in sept 2015. Phone was delivered in Oct 2016 (purchase was complete on the 1st oct) .

The phone is an LG/Google Nexus 5x.

Last night the charger stopped working... it maybe the cable but i have no way of telling as it uses a yet to be standard issue USB-C port. I've tested the phone so i know it is definitely the charger or cable.

I went to a store today and they said a charger was an accessory and excluded from warranty after 6 months. This doesn't seem right to me seeing as the charger is pretty essential to the normal use of the phone.

Turns out the manager of that store got it wrong anyway, as accessories have 12 months, battery has 6 months and the handset 24 months.

With this being said, they should replace it under warranty. In preparation for a verbal disagreement tomorrow, i am reading the consumer rights to refresh my memory.

If they persist, am i right in saying i'm covered by the Consumer Rights Act 2015, a charger is essential for the working device so shouldn't be classed as an accessory as without it you have no handset (i know this could be a leap but it's a logical leap), CPW have to deal with this and not direct me to a manufacturer, Can i use the Limitations Act to get a refund if i wanted one (the phone is rubbish anyway).

Finally, i paid by credit card, is there anything they can do? If CPW resist to the point we are at stand off? I can't work out if this sort of thing is covered.

Thanks in advance.

Assuming you purchased after 1st Oct 2016 (you mention 2015), your purchase is covered by The Consumer Rights Act 2015.

Don't understand why you cannot work out if you're covered.
Have you read MSE's Consumer Rights guide?

It really doesn't matter whether there is any manufacturer's warranty or not.
In fact, no manufacturer has to offer any warranty at all.

neilmcl

Plug it into a PC or any other device with a powered USB output and that'll tell you whether the cable is at fault or the charger. A new cable can be had for less than a fiver.

z1a

Have I been asleep for a year and it's now 2017?

wealdroam

z1a wrote: »

Have I been asleep for a year and it's now 2017?

No, but it was 20:13 when the OP posted if that helps?

bris

A warranty is what they say it is, your getting a warranty mixed up with your consumer rights, they are very different.


It's been over 6 months so you need to follow the SOGA, which in the case of a charger will get you no where. Buy a new one for a fiver on fleebay and save the head ache.

unholyangel

wealdroam wrote: »

No, but it was 20:13 when the OP posted if that helps?

He was referring to this bit of your post or this bit of ops post i think:

I pre-ordered a mobile from the infamous Carphone Warehouse (CPW) in sept 2015. Phone was delivered in Oct 2016 (purchase was complete on the 1st oct) .

Assuming you purchased after 1st Oct 2016 (you mention 2015), your purchase is covered by The Consumer Rights Act 2015.

Its only may 2016 :rotfl:

jezzer_72

Obviously a long day at work.

I purchased it Sept 2015 but the purchase was a pre-order which then completed on 1st Oct 2015.

i guess it is two questions. The first is if a warranty would need to make clear that a charger isn't covered? My reasoning above then goes into consumer rights as if the charger doesn't work, what rights do i have to get them to do something about it past 6 months?

The 3rd part was to do with S75 protection as i paid by credit card. And whether that would kick in to seek some money back or total refund.

A new charger will cost me £20 which i'd rather not pay considering the phone is just over 6 months old and cost me £400.

I can't test the cable or charger as there aren't any many available devices with USB C ports.

unholyangel

jezzer_72 wrote: »

Obviously a long day at work.

I purchased it Sept 2015 but the purchase was a pre-order which then completed on 1st Oct 2015.

i guess it is two questions. The first is if a warranty would need to make clear that a charger isn't covered? My reasoning above then goes into consumer rights as if the charger doesn't work, what rights do i have to get them to do something about it past 6 months?

The 3rd part was to do with S75 protection as i paid by credit card. And whether that would kick in to seek some money back or total refund.

A new charger will cost me £20 which i'd rather not pay considering the phone is just over 6 months old and cost me £400.

I can't test the cable or charger as there aren't any many available devices with USB C ports.

When you say completed, do you mean this was when the contract terms and conditions stated the contract was formed? It might not make a massive difference but the law did change for contracts entered into on or after 1st October 2015.

Section 75 would only make the creditor jointly liable with the retailer - meaning that because its more than 6 months, they could ask you to prove the fault is inherent.

electic

Since the warranty is completely separate from your consumer rights, whether the charger is covered depends on the wording of the warranty. If it states 12 months for accessories, it would seem to be covered. There's probably exclusions in it for user damage and general wear and tear though - is the cable bent at all, which might cause them to think it's user damage?

I'm not entirely sure whether your purchase comes under the SOGA or CRA - does anyone have a view on when a pre-order purchase is made for consumer rights purposes?

It doesn't really matter in this case, as in either event the onus is on you to show an inherent fault after the first 6 months. This would probably require an independent report, which is simply not worth the cost for a charger.

If the fault is clearly covered by the warranty, and the provider refuses to honour it, you could try a S75 claim. However, you couldn't claim a breach of your SOGA/CRA rights without proof of an inherent fault, as above.

Alice_Walker

Whilst I agree that your rights are against the retailer, it may be easier to get a remedy from LG. Give them a call and see what they say.