reasonable life expectancy of goods and Very/Beko

System

At this moment in time, and I sincerely hope we stay in the EU, a better legislation to quote/reference is the EU's legal guarantee on goods. I'm new here so can't post the link but if you google "Guarantees and returns - Your Europe" you'll get the page you need.

Under EU rules, a trader must repair, replace, reduce the price or give you a refund if goods you bought turn out to be faulty or do not look or work as advertised.

Free of charge, 2-year guarantee for all goods
You always have the right to a minimum 2-year guarantee at no cost, regardless of whether you bought your goods online, in a shop or by mail order.

This 2-year guarantee is your minimum right, however national rules in your country may give you extra protection.

If goods you bought anywhere in the EU(In this case, the 28 EU member states + Iceland, Liechtenstein and Norway) turn out to be faulty or do not look or work as advertised, the seller must repair or replace them free of charge or give you a price reduction or a full refund.

You can usually only ask for a partial or full refund when it is not possible to repair or replace the goods.

If your product breaks after 6 months, you still have the right to have your goods repaired or replaced for free or, at least, to a price reduction or your money back. However, you may need to prove that the problem existed when you received the goods.

With regards to proving the problem existed when you received the goods, from what you've written it sounds like you have a good case.

I'd go for it.

System

From the specific page on the "Your Europe" site regarding having to prove a problem existed:

Who has to prove the presence/absence of a defect and how long do they have to do this?

The seller must prove that the item was not defective for the first 6 months after the delivery of the product ("reversal of burden of proof"). After this time the consumer must prove that it was defective.

Is there a third party testing body that can help to provide proof?

The consumer can ask any repair shop for an expert opinion, but they do not have to give one and their opinion might not be accepted by the seller. In the event of a court procedure, the judge may accept the consumer's expert's opinion or ask for an independent expert opinion. There is a limited number of bodies offering industry-specific expertise, but these reports can be costly to obtain with the consumers possibly needing to pay for the report upfront with a view towards it being reimbursed.

neilmcl

vsman1 wrote: »

At this moment in time, and I sincerely hope we stay in the EU, a better legislation to quote/reference is the EU's legal guarantee on goods. I'm new here so can't post the link but if you google "Guarantees and returns - Your Europe" you'll get the page you need.



With regards to proving the problem existed when you received the goods, from what you've written it sounds like you have a good case.

I'd go for it.

Please stop spamming the forum with this. UK legislation far exceeds the provisions laid out in the EU consumer rights directives.

System

I'm not spamming, I'm just trying to be helpful?

You don't need to be tetchy. The EU legislative has been very helpful in my recent dealings with Amazon who flat out refused to help me with a return until I quoted legislation from the Your Europe website.

The Consumer Rights 2015 act supplements the 2 year EU warranty guarantee.

Labsuper

vsman1 wrote: »

At this moment in time, and I sincerely hope we stay in the EU, a better legislation to quote/reference is the EU's legal guarantee on goods. I'm new here so can't post the link but if you google "Guarantees and returns - Your Europe" you'll get the page you need.



With regards to proving the problem existed when you received the goods, from what you've written it sounds like you have a good case.

I'd go for it.

You need to educate yourself as UK Consumer law far exceeds that of the EU.

shaun_from_Africa

vsman1 wrote: »

The Consumer Rights 2015 act supplements the 2 year EU warranty guarantee.

No it doesn't. EU legislation does not directly apply in the UK.

The EU 2 year "guarantee" is not a guarantee as we use the term in the UK. It simply means that you have up to 2 years to hold a retailer liable for faulty goods. After 6 months from purchase, you can still be asked to prove that the goods were faulty at the time of purchase.

Exactly the same requirement on proving the fault exists under the CRA 2015 except under UK legislation, we have up to 6 years to claim from the retailer.

System

No it doesn't. EU legislation does not directly apply in the UK.

We're currently in the EU so yes it does. The "Your Europe" website lists specifics for the United Kingdom on its website which supplements the bare minimum legal guarantee.

The EU 2 year "guarantee" is not a guarantee as we use the term in the UK. It simply means that you have up to 2 years to hold a retailer liable for faulty goods.

Which sounds like a guarantee? As per their website:

Under EU rules, a trader must repair, replace, reduce the price or give you a refund if goods you bought turn out to be faulty or do not look or work as advertised.

Free of charge, 2-year guarantee for all goods
You always have the right to a minimum 2-year guarantee at no cost, regardless of whether you bought your goods online, in a shop or by mail order.

This 2-year guarantee is your minimum right, however national rules in your country may give you extra protection.

After 6 months from purchase, you can still be asked to prove that the goods were faulty at the time of purchase.

As I've pointed out the seller also has to provide proof that no fault existed within the first six months. Even if you do provide proof, post six months, the seller is under no obligation to accept the findings.

System

Who has to prove the presence/absence of a defect and how long do they have to do this?

The seller must prove that the item was not defective for the first 6 months after the delivery of the product ("reversal of burden of proof"). After this time the consumer must prove that it was defective.

Is there a third party testing body that can help to provide proof?

The consumer can ask any repair shop for an expert opinion, but they do not have to give one and their opinion might not be accepted by the seller. In the event of a court procedure, the judge may accept the consumer's expert's opinion or ask for an independent expert opinion. There is a limited number of bodies offering industry-specific expertise, but these reports can be costly to obtain with the consumers possibly needing to pay for the report upfront with a view towards it being reimbursed.

lincroft1710

vsman1 wrote: »

I'm not spamming, I'm just trying to be helpful?

You are not, you are quoting misleading and incorrect information which helps no-one

DCFC79

ArbitraryRandom wrote: »

Do I contact Beko again and ask for another visit/second opinion or just google 'freezer repair' (or does it have to be an authorised engineer/ special certifications/ qualifications)?

Thanks for answering the questions all. I guess you can tell I'm a bit hopeless at this kind of thing.

Id get a report done from another engineer, a fridge/freezer person who repairs white goods, ask him if he would do a report if the fault is found to be inherent.