Are new replacement parts covered by the Consumer Rights Act?

roshh

In November last year (~4month,) I purchased a new laptop screen from an eBay store. The screen has slowly developed a defect and is no longer fit for purpose. When I purchased the item, the screen was sold as New condition. The company are refusing to repair, replace or refund the item on the basis that it is not a 'whole' good and is therefore not covered by the Consumer Rights Act.

Is this correct or are they trying it on? Thanks in advance for any advice.

unholyangel

Was it buy it now or auction?

If it was buy it now then it would be covered but obviously they would only be liable if the issue is with the screen rather than another component or the workmanship of the installation (assuming they didn't also fit the screen).

As its less than 6 months from purchase, it is also for them to prove the goods are not inherently faulty rather than for you to prove it is.

The consumer rights act defines "goods" as:

(8)“Goods” means any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for supply in a limited volume or set quantity.

(1)This Chapter applies to a contract for a trader to supply goods to a consumer.

(2)It applies only if the contract is one of these (defined for the purposes of this Part in sections 5 to 8)—

(a)a sales contract;

(b)a contract for the hire of goods;

(c)a hire-purchase agreement;

(d)a contract for transfer of goods.

You entered into a sales contract for a tangible item therefore it is covered by the consumer rights act (although worthwhile noting that CRA covers all types of contracts.....for goods, services & digital content).


How much was the screen and how did you pay for it? Who were the retailer?

roshh

400546854735Thanks for the reply. Yes it was a buy it now sale with the seller and cost 80GBP. They refuse to honour the Consumer Rights Act as they say that I should have bought one of their additional warranties for cover past days.

The product is clearly stated to be new, unopened and undamaged, so it should be covered under the CRA.

It wont allow me to post a link to the item, but it will show if you put 400546854735 in ebay.

What would be the best course of action to take considering they have refused multiple requests to honour the CRA? Thanks again.

Edit: the fault on the screen is severe ghosting (image persistance.) There is no possible way for this defect to have been caused by my installation.

unholyangel

Send them a letter before action.


You could also report them to trading standards but some TS offices wont even take complaints from members of the public, never mind contact the retailer to make them aware they're acting illegally. Might be worth a try though seeing as this retailer thinks the law doesn't apply to them.