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Tesco statutory rights on phone chargers
Comments
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bris said:After 6 months you have no rights, unless you can prove you have, In other words the burden of proof is on you to prove the charger was inherently faulty. Who can prove that though, there in lies the big question.
You buy cheap compatible chargers you get what you pay for, buy cheap buy twice (or in this case multiple times) as they say.
Buy original chargers and you will get a proper warranty, well a year at least.
This is not a discussion on my philosophy towards purchasing, this is a discussion on how consumer rights are affected by a product that could potentially be inherently faulty for the reasons I have described above.0 -
DiddyDavies said:Jvj24601 said:Okay so let’s use the term “statutory rights” rather than warranty.
So, I buy a charger, it stops working after seven months. I don’t think this is a reasonable amount of time.Tesco say get stuffed.What are statutory rights? I don’t think any court would agree that seven months is reasonable.
For goods that fail more than 6 months from purchase, the retailer has the legal right to insist that you prove that the failure wasn't down to misuse but occurred because of a manufacturing defect. This defect needs to be something that was present when you purchased the charger although it doesn't have to be apparent at that time. (it could be something such as poor assembly, low quality components etc).
If they ask for this proof and you are able to provide it, they should then provide a resolution which could be a repair (unlikely to be financially viable), a replacement or a refund (which can be a partial refund to allow for the 7 months use you had from the charger before it failed).
In reality, a reasonable retailer would simply provide a replacement charger rather then insisting on you show the reason for the failure.Okay this makes sense. So what would be my next step if I wanted to go down this route?My fundamental view on the matter is this..Tesco and other retailers are aware of the inherent fault of compatible chargers due to the Apple update issue I mentioned earlier. Some consumers are not aware of this (I am) but as this is inherent to the product they should expect it to be covered under the statutory guarantee.
So, retailers sell the product knowing it’s going to fail upon an Apple update and then rely on it being after six months and the consumer not having the stomach to provide proof that this is an inherent fault with the product.I’m no Marxist 😂 but I’m not having this one - it’s not on!
So, as I’ve got enough time on my hands I am fully prepared to go the distance with this because I think there is a reasonable chance of “winning”.My argument is that whether it’s due to poor quality manufacturing, for which the retail price is not so low that you would expect it to be this amount of time before it fails
...or, more likely...
The Apple update issue!
either way the failure of the product is down to something that is inherent to the product upon manufacture and retail and therefore should be covered under statutory rights beyond 6 months.0 -
bris said:After 6 months you have no rights, unless you can prove you have, In other words the burden of proof is on you to prove the charger was inherently faulty. Who can prove that though, there in lies the big question.
You buy cheap compatible chargers you get what you pay for, buy cheap buy twice (or in this case multiple times) as they say.
Buy original chargers and you will get a proper warranty, well a year at least.The Apple one might last 12 months, in which case you wouldn’t need it (because it won’t have the issue with the updates) but my argument is that for £16 the Juice/Belkin ones should last the same amount of time. If not it’s because it’s inherent to the product, which means replace or repair.0 -
Jvj24601 said:DiddyDavies said:Jvj24601 said:Okay so let’s use the term “statutory rights” rather than warranty.
So, I buy a charger, it stops working after seven months. I don’t think this is a reasonable amount of time.Tesco say get stuffed.What are statutory rights? I don’t think any court would agree that seven months is reasonable.
For goods that fail more than 6 months from purchase, the retailer has the legal right to insist that you prove that the failure wasn't down to misuse but occurred because of a manufacturing defect. This defect needs to be something that was present when you purchased the charger although it doesn't have to be apparent at that time. (it could be something such as poor assembly, low quality components etc).
If they ask for this proof and you are able to provide it, they should then provide a resolution which could be a repair (unlikely to be financially viable), a replacement or a refund (which can be a partial refund to allow for the 7 months use you had from the charger before it failed).
In reality, a reasonable retailer would simply provide a replacement charger rather then insisting on you show the reason for the failure.Okay this makes sense. So what would be my next step if I wanted to go down this route?My fundamental view on the matter is this..Tesco and other retailers are aware of the inherent fault of compatible chargers due to the Apple update issue I mentioned earlier. Some consumers are not aware of this (I am) but as this is inherent to the product they should expect it to be covered under the statutory guarantee.
So, retailers sell the product knowing it’s going to fail upon an Apple update and then rely on it being after six months and the consumer not having the stomach to provide proof that this is an inherent fault with the product.I’m no Marxist 😂 but I’m not having this one - it’s not on!
So, as I’ve got enough time on my hands I am fully prepared to go the distance with this because I think there is a reasonable chance of “winning”.My argument is that whether it’s due to poor quality manufacturing, for which the retail price is not so low that you would expect it to be this amount of time before it fails
...or, more likely...
The Apple update issue!
either way the failure of the product is down to something that is inherent to the product upon manufacture and retail and therefore should be covered under statutory rights beyond 6 months.
My fundamental view is this: if Apple are issuing updates that render associated products obsolete, buy products from another manufacturer. Until people make a stand against that sort of nonsense, they're always going to be paying a premium.4 -
Jvj24601 said:I disagree. The cost of the charger is somewhat irrelevant. I don’t think any right minded court would say that a charger that costs £15 should last substantially less than a charger that cost £20.
This is why the CRA states the following:9 Goods to be of satisfactory quality
(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.
(2)The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—
(a)any description of the goods,
(b)the price or other consideration for the goods (if relevant), and
(c)all the other relevant circumstances (see subsection (5)).
2 -
Jvj24601 said:DiddyDavies said:Jvj24601 said:Okay so let’s use the term “statutory rights” rather than warranty.
So, I buy a charger, it stops working after seven months. I don’t think this is a reasonable amount of time.Tesco say get stuffed.What are statutory rights? I don’t think any court would agree that seven months is reasonable.
For goods that fail more than 6 months from purchase, the retailer has the legal right to insist that you prove that the failure wasn't down to misuse but occurred because of a manufacturing defect. This defect needs to be something that was present when you purchased the charger although it doesn't have to be apparent at that time. (it could be something such as poor assembly, low quality components etc).
If they ask for this proof and you are able to provide it, they should then provide a resolution which could be a repair (unlikely to be financially viable), a replacement or a refund (which can be a partial refund to allow for the 7 months use you had from the charger before it failed).
In reality, a reasonable retailer would simply provide a replacement charger rather then insisting on you show the reason for the failure.Okay this makes sense. So what would be my next step if I wanted to go down this route?My fundamental view on the matter is this..Tesco and other retailers are aware of the inherent fault of compatible chargers due to the Apple update issue I mentioned earlier. Some consumers are not aware of this (I am) but as this is inherent to the product they should expect it to be covered under the statutory guarantee.
So, retailers sell the product knowing it’s going to fail upon an Apple update and then rely on it being after six months and the consumer not having the stomach to provide proof that this is an inherent fault with the product.I’m no Marxist 😂 but I’m not having this one - it’s not on!
So, as I’ve got enough time on my hands I am fully prepared to go the distance with this because I think there is a reasonable chance of “winning”.My argument is that whether it’s due to poor quality manufacturing, for which the retail price is not so low that you would expect it to be this amount of time before it fails
...or, more likely...
The Apple update issue!
either way the failure of the product is down to something that is inherent to the product upon manufacture and retail and therefore should be covered under statutory rights beyond 6 months.
3 -
Seem as though you are making a meal out of something really quite simple...
Are they MFI?
I have never known a USB based charger to just break...in fact, I have my original iPad charger from 2011...it works fine.
Alas, as others have mentioned, going beyond 6 months puts the onus on you to explain the pre-exisiting issue. Which, by the sound of it, you will need a 3rd party to do for you...
If Apple release an update and your charger doesn't work, that is not the fault of the supplier.
Several reputable brands exist, Anker, Aukey, etc...
You should also note, if the charger is not MFI, it invalidates your warranty on your device with Apple.
"Using uncertified or counterfeit accessories may damage your iPhone and/or adversely affect operation. Apple's warranty does not cover damage caused by use with a third party product that does not meet Apple's specifications."1 -
Yeah this is new. It’s not faulty! Companies are not expected to know what updates Apple
are gonna push...
You apparently know this is gonna happen, and expect companies to know... so just buy Apple branded. You are causing your own problems here and blaming other people.
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DiddyDavies said:Jvj24601 said:I disagree. The cost of the charger is somewhat irrelevant. I don’t think any right minded court would say that a charger that costs £15 should last substantially less than a charger that cost £20.
This is why the CRA states the following:9 Goods to be of satisfactory quality
(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.
(2)The quality of goods is satisfactory if they meet the standard that a reasonable person would consider satisfactory, taking account of—
(a)any description of the goods,
(b)the price or other consideration for the goods (if relevant), and
(c)all the other relevant circumstances (see subsection (5)).
If I buy something that is 10% cheaper than an OEM product then I would expect roughly proportion durability.The companies in question Juice, Belkin, Tesco are marketing them as similar but cheaper than an OEM product but if the OEM is going to put a spanner in the works with Updates then they either need to be clear about this or refund, repair or replace.0 -
KatrinaWaves said:Yeah this is new. It’s not faulty! Companies are not expected to know what updates Apple
are gonna push...
You apparently know this is gonna happen, and expect companies to know... so just buy Apple branded. You are causing your own problems here and blaming other people.
Whether not I should be bothered messing around with this battle and should just buy an Apple product and suck it up is a different discussion for a different thread.0
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