30 day faulty returns window question

arthurfowler

Hi, I am trying to help a friend who is being told by Argos that their monitor return is not eligible as they did not receive it within 30 days. They received it on 25 Jan, which was 7 days after them being notified (they were notified 27 days after receiving the monitor).  I am trying to find the correct laws to send them. 

I don't know all the details, but it seems the refund is being rejected purely because of the 'late' return. The fault of the return is not in dispute.

I have found these two items:

https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-remedies-are-there-if-statutory-rights-under-a-goods-contract-are-not-met/enacted

22 Time limit for short-term right to reject

(1)A consumer who has the short-term right to reject loses it if the time limit for exercising it passes without the consumer exercising it, unless the trader and the consumer agree that it may be exercised later.

(2)An agreement under which the short-term right to reject would be lost before the time limit passes is not binding on the consumer.

(3)The time limit for exercising the short-term right to reject (unless subsection (4) applies) is the end of 30 days beginning with the first day after these have all happened—

and:

https://www.legislation.gov.uk/uksi/2013/3134/part/3/made

Return of goods in the event of cancellation

35.—(1) Where a sales contract is cancelled under regulation 29(1), it is the trader’s responsibility to collect the goods if—

(a)the trader has offered to collect them, or

(b)in the case of an off-premises contract, the goods were delivered to the consumer’s home when the contract was entered into and could not, by their nature, normally be returned by post.

(2) If it is not the trader’s responsibility under paragraph (1) to collect the goods, the consumer must—

(a)send them back, or

(b)hand them over to the trader or to a person authorised by the trader to receive them.

(3) The address to which goods must be sent under paragraph (2)(a) is—

(a)any address specified by the trader for sending the goods back;

(b)if no address is specified for that purpose, any address specified by the trader for the consumer to contact the trader;

(c)if no address is specified for either of those purposes, any place of business of the trader.

(4) The consumer must send off the goods under paragraph (2)(a), or hand them over under paragraph (2)(b), without undue delay and in any event not later than 14 days after the day on which the consumer informs the trader as required by regulation 32(2).

Unfortunately, I am unsure if the 14 days listed in 35.4 is in relation to the short term right to reject.

Any help appreciated. 

Manxman_in_exile

I suspect you are quoting from two separate pieces of legislation that apply in two different circumstances.

Is your friend returning because the item doesn't conform to contract in some way, or because they are cancelling a distance sale?  It might (or might not) help to know which.

arthurfowler

Manxman_in_exile said:

I suspect you are quoting from two separate pieces of legislation that apply in two different circumstances.

Is your friend returning because the item doesn't conform to contract in some way, or because they are cancelling a distance sale?  It might (or might not) help to know which.

I'm not 100% sure but I think it was delivered. It must have been if she sent it back but can confirm.

Yes they are two different pieces of legislation. I couldn't see anywhere which said how long you have to return the item once you exercise your right to reject based on it being faulty. To be clear it's because its faulty and past the 14 days for change of mind etc. 

arthurfowler

Can confirm it was ordered online and delivered to her home.

the_lunatic_is_in_my_head

Argos are probably confusing their 30 day company policy and your consumer rights.

The 30 day limit on the short term right to reject is how long you have to exercise your right, not how long you have to return the goods.

You need to specifically advise them that you are seeking a remedy under the Consumer Rights Act as the goods do not conform to the contract and that you have exercised your short term right to reject within the 30 day limit allowed within the legislation. 

It is worth a note that when specifically exercising the short term right to reject for a full refund that it isn't taken there was a problem with the goods so the trader can request you show such. If this caused you difficulty you could instead opt for a repair or replacement (where it is taken the goods had a problem within the first 6 months unless the trader shows otherwise). Argos like to fob you offer to the manufacturer but it is their obligation to provide a remedy. 

The cancellation regs you stated are different, typically for change of mind and allow you to cancel a distance contract within different timeframes depending upon certain information provided, given you are seeking advice for a friend it's probably best not to muddy the waters with this.

The OP on another thread today said they contacted Argos Helpers and had a result, I think that is their Twitter account which might be worth a shot:

https://twitter.com/argoshelpers?lang=en

arthurfowler

Thanks, I will mention that to her. 

Am I right in thinking there is no guidance then as to how long you have to return the goods once you exercise the right to reject? From what she tells me they are not disputing it's faulty, but saying it is too late and they can repair or replace instead. 

Manxman_in_exile

I like "Titter account"!   

the_lunatic_is_in_my_head

arthurfowler said:

Thanks, I will mention that to her. 

Am I right in thinking there is no guidance then as to how long you have to return the goods once you exercise the right to reject? From what she tells me they are not disputing it's faulty, but saying it is too late and they can repair or replace instead. 

I might be missing it but I don't think so

https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/2/crossheading/what-remedies-are-there-if-statutory-rights-under-a-goods-contract-are-not-met/enacted

Right to reject

(7)From the time when the right is exercised—

(a)the trader has a duty to give the consumer a refund, subject to subsection (18), and

(b)the consumer has a duty to make the goods available for collection by the trader or (if there is an agreement for the consumer to return rejected goods) to return them as agreed.

(8)Whether or not the consumer has a duty to return the rejected goods, the trader must bear any reasonable costs of returning them, other than any costs incurred by the consumer in returning the goods in person to the place where the consumer took physical possession of them.

Manxman_in_exile said:

I like "Titter account"!   

Thought I'd corrected that before anyone could notice! 

Manxman_in_exile

@arthurfowler -  the time limit for exercising the short term right to reject is the 30 days you have identified in your OP.  But note that under the short term right, Argos can ask your friend to demonstrate that the item does in fact have a fault.

I would say that your friend exercises that right by clearly telling Argos that they are doing so  -  see s20(5) and (6) of the 2015 Act.

Once they have exercised their right to reject, I don't believe that the legislation places a time frame on returning it.  So far as I'm aware, so long as the short term right to reject has been exercised within the 30 days, it doesn't say when Argos need to get it back.  

s20(15) of the 2015 Act says that a refund must be made without undue delay, and in any event within 14 days of Argos agreeing that a refund is payable.

If the people at Argos your friend has contacted are saying that they've received it too late, they either haven't got a clue about consumer law and/or they are getting confused with their own extra-statutory returns policy  -  which wouldn't apply here.

If the item your friend is returning is not in fact faulty and they are returning it for a "change of mind" on a distance sale, the answer might be slightly different in the detail.  Depends why your friend is sending it back: faulty or change of mind?

As advised above, your friend might get more help from Argos Helpers than he has so far.

arthurfowler

Manxman_in_exile said:

@arthurfowler -  the time limit for exercising the short term right to reject is the 30 days you have identified in your OP.  But note that under the short term right, Argos can ask your friend to demonstrate that the item does in fact have a fault.

I would say that your friend exercises that right by clearly telling Argos that they are doing so  -  see s20(5) and (6) of the 2015 Act.

Once they have exercised their right to reject, I don't believe that the legislation places a time frame on returning it.  So far as I'm aware, so long as the short term right to reject has been exercised within the 30 days, it doesn't say when Argos need to get it back.  

s20(15) of the 2015 Act says that a refund must be made without undue delay, and in any event within 14 days of Argos agreeing that a refund is payable.

If the people at Argos your friend has contacted are saying that they've received it too late, they either haven't got a clue about consumer law and/or they are getting confused with their own extra-statutory returns policy  -  which wouldn't apply here.

If the item your friend is returning is not in fact faulty and they are returning it for a "change of mind" on a distance sale, the answer might be slightly different in the detail.  Depends why your friend is sending it back: faulty or change of mind?

As advised above, your friend might get more help from Argos Helpers than he has so far.

Thank you. It's frustrating as I wish I could speak to them for her. Not saying I could do any better, but it would just be simpler. 

Also, apologies, I was not very clear in my opening. Yes it is faulty - apparently there is a green vertical band somewhere on the screen. They agree it's faulty, but saying they can replace instead. 

I may just tell her to write a letter quoting the above as that may be easier than going back and forth over the phone. 

Ms_Chocaholic

arthurfowler said:

Manxman_in_exile said:

@arthurfowler -  the time limit for exercising the short term right to reject is the 30 days you have identified in your OP.  But note that under the short term right, Argos can ask your friend to demonstrate that the item does in fact have a fault.

I would say that your friend exercises that right by clearly telling Argos that they are doing so  -  see s20(5) and (6) of the 2015 Act.

Once they have exercised their right to reject, I don't believe that the legislation places a time frame on returning it.  So far as I'm aware, so long as the short term right to reject has been exercised within the 30 days, it doesn't say when Argos need to get it back.  

s20(15) of the 2015 Act says that a refund must be made without undue delay, and in any event within 14 days of Argos agreeing that a refund is payable.

If the people at Argos your friend has contacted are saying that they've received it too late, they either haven't got a clue about consumer law and/or they are getting confused with their own extra-statutory returns policy  -  which wouldn't apply here.

If the item your friend is returning is not in fact faulty and they are returning it for a "change of mind" on a distance sale, the answer might be slightly different in the detail.  Depends why your friend is sending it back: faulty or change of mind?

As advised above, your friend might get more help from Argos Helpers than he has so far.

Thank you. It's frustrating as I wish I could speak to them for her. Not saying I could do any better, but it would just be simpler. 

Also, apologies, I was not very clear in my opening. Yes it is faulty - apparently there is a green vertical band somewhere on the screen. They agree it's faulty, but saying they can replace instead. 

I may just tell her to write a letter quoting the above as that may be easier than going back and forth over the phone. 

Can your friend call with you there and pass the phone to you.