delivered faulty goods, retailer wont refund

smoggieboy4

i bought some baby monitors from 'Baby Security' online as a present for her baby shower, when she attempted to use them they didnt work. I contacted the company and they told me the items needed to be sent back to be repaired. the retailer was informed within the 30 days and items returned within the initial 30 days from order placed.

The repaired monitors were sent back out and they still dont work, I have requested a refund but they are stating it is out of the 30 days now. So does the 30 days restart upon receipt of the returned 'fixed' monitors or the original date.

I have politely emailed quoted "sales of goods act 1979" and "satisfactory quality, as described, fit for purpose and last reasonable amount of time". They are still insistent that the 30 days has elapsed and no refund possible.

These monitors are a security device and the user needs to have trust in the device as the consequence of them not working could be devastating

PLEASE HELP.

unholyangel

You're quoting law that no longer applies to consumer contracts. All consumer contracts entered into on/after 1st Octobert 2015 are governed by the Consumer Rights Act 2015 (and also the Consumer Contracts (Information, Cancellation & Additional Charges) Regulations 2013 for contracts entered into since June 2014 iirc).

The CRA gives you the short term right to reject goods that don't conform to contract for a refund. Normally this is 30 days beginning the day after the goods are delivered.

However, if the goods don't conform and you agree to their repair/replacement, the 30 day time limit stops running. It stops on the day you accept/request the repair/replacement and doesn't start again until they have supplied the repaired/replaced goods to you. If the goods you receive back still don't conform, you have either the remainder of the 30 days or 7 days (whichever is longer) to exercise your short-term right to reject.

http://www.legislation.gov.uk/ukpga/2015/15/section/22/enacted


Send them a letter before action or if you paid by card, involve your card company.

smoggieboy4

unholyangel, thank you so much for the advice. will contact card company immediately

unholyangel

Let us know how you get on Good luck