Do I Need The Packaging?

Rlowery

Hi all, 
My wife brought a Vape 6months and 13 days ago, via my credit card. 
The Vape has started playing up, so we contacted the company and asked for a repair or replacement. 

The company stated that the Vape doesn't have a serial number on it, and that it's on the box. So it needs to be returned in the box. My wife only kept the box for a few months and then threw it away as we have a very small house and no storage.

The company are stating that their T&Cs say faulty items must be returned in original packaging.
I'm sure there is somewhere in the Consumer Rights Act that states that a faulty item doesn't need to be returned in its original packaging, but just securely packaged.

Can anyone point me to the right paragraph or advise how to proceed?

Thanks in advance. 

davidmcn

Other way round I think - there's nothing in the legislation saying you need to return it in the original packaging, so they can't insist that you do.

shaun_from_Africa

But what they can insist on is that you prove that the item has failed due to a manufacturing defect, something that may well be just about impossible to do.

Rlowery

shaun_from_Africa said:

But what they can insist on is that you prove that the item has failed due to a manufacturing defect, something that may well be just about impossible to do.

Yeah. Thought that typical it was 13 days after 6 months. 
Was going to use the "Goods expected to last a reasonable length of time" part of the Act. 

Just need to find something written that states no packaging required. 

Rlowery

davidmcn said:

Other way round I think - there's nothing in the legislation saying you need to return it in the original packaging, so they can't insist that you do.

That's what I thought, but the company are stating that they're T&Cs override the Act. 

davidmcn

Rlowery said:

davidmcn said:

Other way round I think - there's nothing in the legislation saying you need to return it in the original packaging, so they can't insist that you do.

That's what I thought, but the company are stating that they're T&Cs override the Act. 

Which obviously they don't. So either they're idiots, or they think you're an idiot.

zoob

If your claiming order the manufactures warranty they can insist of you following any conditions they put on the warranty instructions 
if claiming via the retailer all you should need is proof of purchase mind you if it’s over 6 months old they can insist you prove the faults inherent 

Kattekwaad

How many times has it been dropped?

George_Michael

How much did the vape cost? and how does the price compare to similar models from other makers?
Under consumer legislation, goods have to last a reasonable amount of time but the price paid can be taken into account when assessing the quality so 6 months may well be more that satisfactory.

Rlowery

Kattekwaad said:

How many times has it been dropped?

It hasn't. The wife is actually very careful with it. 
If you looked at it, you'd think it's brand new. 

Rlowery

George_Michael said:

How much did the vape cost? and how does the price compare to similar models from other makers?
Under consumer legislation, goods have to last a reasonable amount of time but the price paid can be taken into account when assessing the quality so 6 months may well be more that satisfactory.

Vape was a £80+ model that she got during a Black Friday sale. She paid £35.
Even at that price, I would expect it to last a year.