Right to repair or replacement, who chooses method? 20 October 2022 at 2:25PM in Consumer rights 9 replies 301 views

davidbb

As the title states. I bought a phone 5 months ago that has developed a fault, the retailer (also the manufacturer) refuse to offer a replacement as the phone is repairable (they haven't inspected it yet)

However, I was under the impression that particularly within the first 6 months repair or replacement is my choice as per section 23.

(6)A consumer who requires or agrees to the repair of goods cannot require the trader to replace them, or exercise the short-term right to reject, without giving the trader a reasonable time to repair them (unless giving the trader that time would cause significant inconvenience to the consumer).

(7)A consumer who requires or agrees to the replacement of goods cannot require the trader to repair them, or exercise the short-term right to reject, without giving the trader a reasonable time to replace them (unless giving the trader that time would cause significant inconvenience to the consumer).

The language to me indicates that if I require a replacement (or don't agree to a repair) it's my choice. I stated clearly when I contacted them that replacement would be best as turnaround would be quicker, leading to a shorter time without the device (ie. a repair is inconvenient)

Can someone clarify this for me before I reply.

TIA

powerful_Rogue

davidbb said:

As the title states. I bought a phone 5 months ago that has developed a fault, the retailer (also the manufacturer) refuse to offer a replacement as the phone is repairable (they haven't inspected it yet)

However, I was under the impression that particularly within the first 6 months repair or replacement is my choice as per section 23.

(6)A consumer who requires or agrees to the repair of goods cannot require the trader to replace them, or exercise the short-term right to reject, without giving the trader a reasonable time to repair them (unless giving the trader that time would cause significant inconvenience to the consumer).

(7)A consumer who requires or agrees to the replacement of goods cannot require the trader to repair them, or exercise the short-term right to reject, without giving the trader a reasonable time to replace them (unless giving the trader that time would cause significant inconvenience to the consumer).

The language to me indicates that if I require a replacement (or don't agree to a repair) it's my choice. I stated clearly when I contacted them that replacement would be best as turnaround would be quicker, leading to a shorter time without the device (ie. a repair is inconvenient)

Can someone clarify this for me before I reply.

TIA

You can state your preference is a replacement, however they get to choose the most cost effective method, which I presume would be a repair.

shiraz99

As you've quoted you cannot require the seller to replace or repair if the option "they" choose doesn't cause a significant inconvenience. In simpler terms it's the choice of the retailer.

Being without a phone for a short period whilst it's repaired is unlikely to be classed as a significant inconvenience.

davidbb

shiraz99 said:

As you've quoted you cannot require the seller to replace or repair if the option "they" choose doesn't cause a significant inconvenience. In simpler terms it's the choice of the retailer.

Being without a phone for a short period whilst it's repaired is unlikely to be classed as a significant inconvenience.

Needing a phone for work is a pretty significant inconvenience IMO. As it stands it has to be sent to their distribution centre in Europe, then sent by them to their repair centre, repaired and then returned to the distribution centre before getting back to me. Turnaround time is 7-10 days.

Jonboy_1984

davidbb said:

shiraz99 said:

As you've quoted you cannot require the seller to replace or repair if the option "they" choose doesn't cause a significant inconvenience. In simpler terms it's the choice of the retailer.

Being without a phone for a short period whilst it's repaired is unlikely to be classed as a significant inconvenience.

Needing a phone for work is a pretty significant inconvenience IMO. As it stands it has to be sent to their distribution centre in Europe, then sent by them to their repair centre, repaired and then returned to the distribution centre before getting back to me. Turnaround time is 7-10 days.

You have quoted consumer rights in your first post, and then in this one indicate you need it for business purposes - the two are mutual exclusive as business purchases are not covered by the consumer rights legislation.

shiraz99

davidbb said:

shiraz99 said:

As you've quoted you cannot require the seller to replace or repair if the option "they" choose doesn't cause a significant inconvenience. In simpler terms it's the choice of the retailer.

Being without a phone for a short period whilst it's repaired is unlikely to be classed as a significant inconvenience.

Needing a phone for work is a pretty significant inconvenience IMO. As it stands it has to be sent to their distribution centre in Europe, then sent by them to their repair centre, repaired and then returned to the distribution centre before getting back to me. Turnaround time is 7-10 days.

Surely having something so important to your job you would have a backup just in case, and as mentioned, if your phone is for business purposes then the CRA isn't applicable.

eskbanker

OP will perhaps clarify but to me he's not saying that the phone is a business asset as such, but simply that his employer has an expectation of being able to contact him.  Having said that, perhaps the employer would be able or willing to lend a handset while OP's own phone is temporarily unavailable....

shiraz99

eskbanker said:

OP will perhaps clarify but to me he's not saying that the phone is a business asset as such, but simply that his employer has an expectation of being able to contact him.  Having said that, perhaps the employer would be able or willing to lend a handset while OP's own phone is temporarily unavailable....

If that is the case then yes, I agree, you would reasonably expect the employer to provide a phone in such circumstances.

Manxman_in_exile

@davidbb -   I think you also need to read s23(3) starting "The consumer canot require the trader to repair or replace ... " and s23(4).

Regarding the part played by "significant inconvenience" in deciding whether to repair or replace, the trader can rely on the purpose you bought it for.  Did you tell them it was for your employer to keep in touch with you and perhaps therfore for (your employer's) business purposes?

zoob

Argos sell pay as you go phones from £13.50 and you could install your existing sim to get you by
It's also good idea to have a backup phone particularly if needed for work or that you always need to be in contact or be contacted