What is the law regarding warranty in the UK?

TELLIT01

If the vendor is in China, is there any relevance to what consumer laws apply in the EU or UK?  I don't imagine Chinese courts give too much weight to them.

powerful_Rogue

Everyone that has said to you about the automatic 2 year warranty, send them this link where Martin Lewis explains it's just a myth.

https://blog.moneysavingexpert.com/2010/12/the-eu-goods-must-last-a-minimum-two-years-rule-is-a-myth/

comeandgo

TELLIT01 said:

If the vendor is in China, is there any relevance to what consumer laws apply in the EU or UK?  I don't imagine Chinese courts give too much weight to them.

OP said manufacturer in China not the vendor.

eskbanker

powerful_Rogue said:

Everyone that has said to you about the automatic 2 year warranty, send them this link where Martin Lewis explains it's just a myth.

https://blog.moneysavingexpert.com/2010/12/the-eu-goods-must-last-a-minimum-two-years-rule-is-a-myth/

While I agree that it's a myth, it's perhaps worth noting that that article referring to 'EU law' (in the present and past tenses) was written in 2010, predating the current EU directive, which wasn't actually enacted until late 2011....

the_lunatic_is_in_my_head

powerful_Rogue said:

Everyone that has said to you about the automatic 2 year warranty, send them this link where Martin Lewis explains it's just a myth.

https://blog.moneysavingexpert.com/2010/12/the-eu-goods-must-last-a-minimum-two-years-rule-is-a-myth/

It isn't really a myth, the EU say:

EU law also stipulates that you must give the consumer a minimum 2-year guarantee (legal guarantee) as a protection against faulty goods, or goods that don't look or work as advertised. In some countries national law may require you to provide longer guarantees.

The word guarantee is often translated to warranty and either way both words become interpreted incorrectly.

The MSE article could also be nit-picked apart as incorrect:

Actually the EU law talks about how long you’ve got to complain, not how long goods should actually last. 

From what I understand goods should indeed last 2 years, they should be manufactured to have that intended lifespan. The use of the word complain can be pull up for poor language, you can complain for the rest of your life that something broke if you wish.

2 years in minimum time that the retailer must remedy the situation if the goods have not met the 2 year lifespan, that's obviously what the article means in context but when you have what is effectively guidance using everyday language to explain something more complex it's likely those words are going to be taken in different ways by different people. 

Here in the UK you have a period of six years to make a claim, the regs state there are considerations, such as price, to prevent someone claiming a £200 TV should last as long as a £2000 TV.

Our regs don't mention a minimum period, that I know of, but given, at the time the content of the EU directives had to put in to law within each member state I don't see how it can be said (or at least before Brexit could have been said) goods shouldn't last a minimum of 2 years.  

It's a pointless thing to bring up with a trader if you have a problem, as I said you should refer to the CRA, but equally dismissing it as a myth isn't correct either. 

powerful_Rogue

The article could do with being updated, however when someone states 'I've heard i've got a two year warranty under EU law' it's a quick and easy starting point to show that is incorrect in the UK..

I do disagree that all goods should last a minimum of two years.That's where price and quality etc come into it.

A set of Samsung Galaxy Buds? Yes. Headphones purchased from the poundshop? No.

the_lunatic_is_in_my_head

powerful_Rogue said:

The article could do with being updated, however when someone states 'I've heard i've got a two year warranty under EU law' it's a quick and easy starting point to show that is incorrect in the UK..

I do disagree that all goods should last a minimum of two years.That's where price and quality etc come into it.

A set of Samsung Galaxy Buds? Yes. Headphones purchased from the poundshop? No.

The issue with the £shop items is the value is too small to take any action to seek a remedy if the trader were to refuse.

The wording of the EU directives and their guidance suggests two years is the minimum duration of the legal guarantee and that national law of the consumer’s country of residence may provide for stronger consumer rights. 

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52021XC1229(04)

powerful_Rogue

the_lunatic_is_in_my_head said:

powerful_Rogue said:

The article could do with being updated, however when someone states 'I've heard i've got a two year warranty under EU law' it's a quick and easy starting point to show that is incorrect in the UK..

I do disagree that all goods should last a minimum of two years.That's where price and quality etc come into it.

A set of Samsung Galaxy Buds? Yes. Headphones purchased from the poundshop? No.

The issue with the £shop items is the value is too small to take any action to seek a remedy if the trader were to refuse.

The wording of the EU directives and their guidance suggests two years is the minimum duration of the legal guarantee and that national law of the consumer’s country of residence may provide for stronger consumer rights. 

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:52021XC1229(04)

Sorry, I don't really get the point you are making.

In the UK we have six years to make a claim. That guidance for the EU was two years. That does not imply a product should work for two years, just as in the UK goods are not guarenteed to last six years.

sheramber

_random_user_name said:

Hi

Someone I know in the UK bought a £1400 product from Amazon UK, 18 months later it has now developed a fault and is unusable, what are his rights regarding warranty?

I know a bit about the Consumer Rights Act 2015 where he has upto 6 years to make a claim on a product with the onus on him to provide evidence about the products quality/state because it's after 6 months from purchase, but some people are saying he has an automatic 2 year warranty, like when we were in the EU and like the rest of the EU still has.

I don't agree with this, I thought after Brexit we got rid of the automatic 2 year warranty.

Amazon are saying contact the manufacturer, the manufacturer (who are located in China) are saying there is only a 1 year warranty from them.

So who is right?

Was it sold by Amazon or by a third party?

Being on the Amaon site does not mean it was sold by Amazon.  It could be a marketplace sale.

born_again

theonlywayisup said:

I think if I were your friend then I would look at trying to convince Amazon again - in the nicest possible way - that they may want to offer some recompense/solution.  

Which all depends on this being a purchase direct from Amazon & not a "MarketPlace" sale.