Faulty goods - seller refusing to refund/replace

thatsmeallover

Hi everyone,
Hoping I can trouble you for some advice.

I bought a replacement macbook screen off ebay 4 months ago and it's now gone faulty. The item was listed as "brand NEW"

I've contacted the seller for a replacement and have been told that it was sold with a 3 month warranty (I've checked the listing and it does say this, but I didn't notice it when I bought it.)

Here's where I need your help: Am I right in thinking that the seller should still replace this as it's become faulty within 6 months, because it was listed as new? I'm working on the assumption that just because he says '3 month warranty' it doesn't allow him to circumvent consumer rights legislation.

I've quoted the sale of goods act to him, stating that it is defective/not fit for purpose having developed a fault within 6 months (took a quote directly from the MSE pages), but he just keeps quoting the 3 months warranty.

I just want to clarify that I'm on the right lines with this as I feel the next step is a letter with 14 days to rectify this, then small claims court if he fails to deal with it.

Note: the seller is a Ltd company.

Thanks in advance for any help you can give.

DoaM

Is the seller a business seller or a private seller? (The distinction is important).

If a business seller then you have your normal consumer rights, including the right for a repair, replacement or refund (full, as it is less than 6 months from purchase).

If a private seller then you're up a creek without a paddle.

Sorry - just re-read and notice you say Ltd Company.

lincroft1710

Sale of Goods Act was replaced in 2015 by the Consumer Rights Act

thatsmeallover

Thanks for the help so far. So I'd be correct in placing my claim for a replacement/refund on the fact that it was advertised as new, and forget that he stated 3 months warranty?

societys_child

Note: the seller is a Ltd company

Where are they based, what's the return address?

bris

lincroft1710 wrote: »

Sale of Goods Act was replaced in 2015 by the Consumer Rights Act

No it wasn't, Distance selling regulations were replaced by the CRA. The sale of goods act is still alive and well.

beeg0d

bris wrote: »

No it wasn't, Distance selling regulations were replaced by the CRA. The sale of goods act is still alive and well.

No the distance selling regulations (DSR) were replaced by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR)



The Sale of goods act (SOGA) was superseeded (not replaced) by the Consumer Rights Act 2015 (CRA)

sheramber

beeg0d wrote: »

No the distance selling regulations (DSR) were replaced by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR

The Sale of goods act (SOGA) was superseeded (not replaced) by the Consumer Rights Act 2015 (CRA)

https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act
The Consumer Rights Act 2015

The Consumer Rights Act 2015 became law on 1 October 2015, replacing three major pieces of consumer legislation - the Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations, and the Supply of Goods and Services Act. It was introduced to simplify, strengthen and modernise the law, giving you clearer shopping rights.



The above site gives information about returning faulty goods under the Consumer Rights Act 2015.

pmduk

OP, whilst the others squabble, the most pertinent question is, where is the seller based?

neilmcl

sheramber wrote: »

https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act
The Consumer Rights Act 2015

The Consumer Rights Act 2015 became law on 1 October 2015, replacing three major pieces of consumer legislation - the Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations, and the Supply of Goods and Services Act. It was introduced to simplify, strengthen and modernise the law, giving you clearer shopping rights.



The above site gives information about returning faulty goods under the Consumer Rights Act 2015.

A bit of a simplification by Which.

The majority of SOGA have been superseded by the CRA but the act itself has not been replaced. The Act still applies to contracts before 2015 and for business contracts.

unholyangel

FWIW, the Consumer Rights Act actually gives a explanation on its impact on existing legislation:

Sale of Goods Act 1979

For business to consumer contracts this will mainly be replaced by the Consumer Rights Act 2015 but some provisions of SGA will still apply, for example, rules which are applicable to all contracts of sale of goods (as defined by that Act – essentially these are sales of goods for money), regarding matters such as when property in goods passes. The SGA will still apply to business to business contracts and to consumer to consumer contracts.