Consumer Rights - when does the 6 months start?

pinkshoes

I purchased a bag on 13th July 2022, delivered 16th July 2022.

Yesterday (16th January 2023) the stitching failed and it has split at the bottom, so I have emailed the company letting them know. 

Obviously in the first 6 months they need to either replace, repair or refund (or prove it has failed through misuse rather than an inherent fault) and after 6 months it is up to me to prove that it was an inherent fault. 

Does the 6 months start the day AFTER it was delivered (so 17th July - in which case it is within the 6 months) or does it count from the day of delivery (in which case we are 1 day too late)?

For the right to return under distance selling, the 30 days starts from the day after it is delivered, but I cannot find anything about the 6 month rule. Can anyone help?

eskbanker

CRA section 24(11) (Right to price reduction or final right to reject):

In subsection (10) the first 6 months means 6 months beginning with the first day after these have all happened—

(a) ownership or (in the case of a contract for the hire of goods, a hire-purchase agreement or a conditional sales contract) possession of the goods has been transferred to the consumer,

(b) the goods have been delivered, and

(c) where the contract requires the trader to install the goods or take other action to enable the consumer to use them, the trader has notified the consumer that the action has been taken.

pinkshoes

Thank you! I couldn't find that bit at all!

pinkshoes

I sent the faulty bag back and bought another bag immediately in our local Argos as DS needed a bag for school (I offered to lend him mine but apparently it was too pink and there was no way he would be seen with that at school!).

The company are only offering me a credit note or replacement and not a refund "due to the timeframe".

The fault was flagged up on the last day of the 6 months starting the day after delivery. 

I obviously don't need another bag so a replacement is pointless. Do I have to accept the credit note or can I get a refund?

DullGreyGuy

pinkshoes said:

I sent the faulty bag back and bought another bag immediately in our local Argos as DS needed a bag for school (I offered to lend him mine but apparently it was too pink and there was no way he would be seen with that at school!).

The company are only offering me a credit note or replacement and not a refund "due to the timeframe".

The fault was flagged up on the last day of the 6 months starting the day after delivery. 

I obviously don't need another bag so a replacement is pointless. Do I have to accept the credit note or can I get a refund?

You only have the right to demand a refund for items faulty in the first 30 days or after a second fault after the first has been dealt with. 

Outside of that you are entitled to express a preference but its up to the business, if another remedy is substantially cheaper for them they are entitled to use that. The 6 month piece is just about who's duty it is to prove or disprove the fault.

A credit note isnt a statutory remedy but you are free to accept it if you'd prefer that to the replacement which would be a statutory remedy.

Undervalued

pinkshoes said:

I sent the faulty bag back and bought another bag immediately in our local Argos as DS needed a bag for school (I offered to lend him mine but apparently it was too pink and there was no way he would be seen with that at school!).

The company are only offering me a credit note or replacement and not a refund "due to the timeframe".

The fault was flagged up on the last day of the 6 months starting the day after delivery. 

I obviously don't need another bag so a replacement is pointless. Do I have to accept the credit note or can I get a refund?

No, not unless they choose to give you one for the reasons explained above.

Given the huge range of items Argos sell, surely a credit note is virtually as good and far less hassle than fighting this, particularly as you would almost certainly lose if they dig their heels in.

pinkshoes

Undervalued said:

pinkshoes said:

I sent the faulty bag back and bought another bag immediately in our local Argos as DS needed a bag for school (I offered to lend him mine but apparently it was too pink and there was no way he would be seen with that at school!).

The company are only offering me a credit note or replacement and not a refund "due to the timeframe".

The fault was flagged up on the last day of the 6 months starting the day after delivery. 

I obviously don't need another bag so a replacement is pointless. Do I have to accept the credit note or can I get a refund?

No, not unless they choose to give you one for the reasons explained above.

Given the huge range of items Argos sell, surely a credit note is virtually as good and far less hassle than fighting this, particularly as you would almost certainly lose if they dig their heels in.

It was the replacement bag I bought from Argos as I needed one immediately and couldn't wait for a replacement in the post.

The original bag was bought from HYPE. They take 21 days to process returns hence I had to get something else ASAP.

I find HYPE stuff quite poor quality so not overly keen on a £30 credit note. I previously bought some of their joggers which seemed lovely at first but after a few washes became rather shapeless, and their t-shirts seem to bobble and look tatty really quickly. 

Manxman_in_exile

As others have said, no right to a refund... unless it fails again...

I can see why you don't want a credit note, so you could accept the replacement and keep your fingers crossed that it's so shoddy that it does fail again.  Then get a refund.

It's a gamble whichever you choose if you don't think you'd ever redeem the credit note.

(That's all assuming that you were originally within the 6 months.  I'd have said "when does the 6 months end" was a better thread title than "when does 6 months start")

Undervalued

Manxman_in_exile said:

As others have said, no right to a refund... unless it fails again...

I can see why you don't want a credit note, so you could accept the replacement and keep your fingers crossed that it's so shoddy that it does fail again.  Then get a refund.

It's a gamble whichever you choose if you don't think you'd ever redeem the credit note.

(That's all assuming that you were originally within the 6 months.  I'd have said "when does the 6 months end" was a better thread title than "when does 6 months start")

If this was a place that only sold bags then I would agree. However as it is a shop that sells a vast range of goods most people will need £30 worth of something that they sell over the next few months. In which case it is almost a refund!

Anyway, it is a moot point as the shop has the right not to give a refund in this instance.

pinkshoes

Undervalued said:

If this was a place that only sold bags then I would agree. However as it is a shop that sells a vast range of goods most people will need £30 worth of something that they sell over the next few months. In which case it is almost a refund!

Anyway, it is a moot point as the shop has the right not to give a refund in this instance.

Yeah I'm sure I'll think of something to buy. I always spend gift cards immediately as I don't like sitting on them in case a shop goes bust!

Oddly their clothes have very few sizes in stock which is never a good sign!