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Success in using consumer law

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  • System
    System Posts: 178,365 Community Admin
    10,000 Posts Photogenic Name Dropper
    Whether the item is within the warranty period or not the legal duty to put it right is the reseller your contract is with them NOT the manufacturer - eg Argos and other companies encourage buyers to collect from their local store this is to remove your legal rights of returning the products unless the packaging is unopened / can be resold as unsealed - if you get it delivered you can open and use and still return locally or via post for a full refund!

    Eg a buyer of a mobile phone on contract took it back to Vodafone who refused to repair, replace or refund because they said the user allowed ‘dust’ to get in the product which invalidated the warranty - they took the product to Apple who instantly replaced the product

    One reason for taking back to reseller is the manufacturer may not have a UK address and only operate in China / India etc - it’s irrelevant if the reseller buys products cheaper and takes on the warranty issues after all consumer law puts the liability on the seller not the manufacturer! If you want to deal direct with the manufacturer buy from the manufacturer - but you don’t because buying from a reseller is cheaper sometimes or not possible to buy from manufacturer?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • System
    System Posts: 178,365 Community Admin
    10,000 Posts Photogenic Name Dropper
    The buyer goes back to reseller for a full refund and the reseller goes to the manufacturer for a full refund - why should the manufacturer give a full refund / replacement when the reseller gets off and keeps their profit?

    Note: Argos tells customers after 30 days they only send items for repair it was only the fact I knew it was MY choice to choose repair, replacement or refund I received a refund - I was okay with a ProRota refund whether that was another ‘con’ by them that’s for someone else to challenge....
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The buyer goes back to reseller for a full refund and the reseller goes to the manufacturer for a full refund - why should the manufacturer give a full refund / replacement when the reseller gets off and keeps their profit?

    Note: Argos tells customers after 30 days they only send items for repair it was only the fact I knew it was MY choice to choose repair, replacement or refund I received a refund - I was okay with a ProRota refund whether that was another ‘con’ by them that’s for someone else to challenge....

    You knew that?
    Can you quote the legislation for that?

    FYI I'm fully aware the duty lies with the seller,not manufacturer.
    I'm more troubled by you holding up Apple as some bastion of consumer rights.
  • System
    System Posts: 178,365 Community Admin
    10,000 Posts Photogenic Name Dropper
    You don’t obviously like Apple lol 😂
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • custardy
    custardy Posts: 38,365 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You don’t obviously like Apple lol 😂

    and the legislation?
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Whether the item is within the warranty period or not the legal duty to put it right is the reseller your contract is with them NOT the manufacturer - eg Argos and other companies encourage buyers to collect from their local store this is to remove your legal rights of returning the products unless the packaging is unopened / can be resold as unsealed - if you get it delivered you can open and use and still return locally or via post for a full refund!


    You're wrong on the part in bold.

    If you pay online the contract is formed at a distance and you have the right to cancel within 14 days - whether the packaging has been opened or the goods used (or not). However the retailer is entitled to make a reduction to your refund if they complied with their legal obligations.

    If you reserve online but collect & pay in store then it is an on-premises (not distance) contract and therefore, has no cancellation rights - unless the retailers returns policy allows for it (but it would be on whatever terms they offer it).

    The purpose of these regulations is to give consumers the same opportunity to inspect goods, as they would have in a shop. Its not intended as a try before you buy - which is why the retailer can reduce your refund if the meet their obligations under the act.

    Note: Argos tells customers after 30 days they only send items for repair it was only the fact I knew it was MY choice to choose repair, replacement or refund I received a refund - I was okay with a ProRota refund whether that was another ‘con’ by them that’s for someone else to challenge....

    Okay, you seem to be confused about these rights also so.....

    Within 30 days you can insist on a refund - however the retailer can require you to prove its an inherent fault.
    After 30 days but within 6 months you can request one remedy over another but the retailer can insist on a repair/replacement (however they only get one attempt and any repair/replacement has to be within reasonable time and without significant inconvenience). If you are given a refund, it should be a full refund. Its up to the retailer to prove the goods did not inherently fail to conform to contract.
    After 6 months, its the same as the after 30 days within 6 months except for the retailer being allowed to reduce your refund to account for use you had of the goods and it being your responsibility to prove the goods did inherently fail to conform to contract
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
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