Right to repair or replacement, who chooses method?
in Consumer rights
9 replies 301 views
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.
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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.
Being without a phone for a short period whilst it's repaired is unlikely to be classed as a significant inconvenience.
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?
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