Van device failed within a few weeks of purchase but outside of 28 day money back. What to do now?

GervisLooper

Bought from a 3rd party van retailer.: 12voltplanet.co.uk

Manufacturer: Sterling Power

I am just a couple of days out of the seller's 28 day money back refund policy.

The item has failed due to what I believe to be a fault.

I have been in touch with both 12voltplanet and sterling power.

Sterling have been very helpful but not being able to further diagnose or assist at distance are advising to send it back to them directly using this warranty form: https://www.dropbox.com/scl/fi/szcpw4m0s3m4r1o3e6ojr/Returns-Form.pdf?rlkey=j2so1pluingk984v44kgmwscp&e=1&dl=0

The form is asking for a signature. Is that going to compromise statutory rights?

Also you are told to send it back at cost which doesn't seem fair.

12voltplanet however have said to send it back to them for free and they will then forward it on to sterling themselves at their own cost so I presume then the warranty claim would be from them not myself.

That seems better no as warrantys seem very manufacturer weighed in their favour from the ones I have read?

It might still equate to being from me but better to not have to pay postage eh?

A third option I was offered, since the company happens to only be 50 or so miles away, is drive there to drop it off myself. Doesn't seem much advantage to that unless they could fix it there and then which they say they could offer no assurances it would be the case.

Sterling are recommending I rather send it to them direct.

Besides either of the other party's stipulations, what are my statutory rights here and what would be the mse advised way to proceed?

Besides shaving of a day or two sending, at cost, direct to sterling or physically driving there it seems better to go via 12voltplanet who offered immediately to send it back and if found faulty I can either have a full refund or new item.

I was initially thinking get it done asap by driving there possibly to resulve it quicker before the xmas gap but better not to rush things out of impatience eh? It is a critical piece of kit at the moment but I will just have to do without.

If I do decide to drive over myself and use that form, which they are requesting, is it compromising my rights in any way?

Ergates

There are 4 things at play here
1) Your statutory rights, under the Consumer Contracts Regulations 2013, to return an online purchase within 14 days for a "change of mind".  This has passed and is not relelvant.
2) 12VoltPlanet's own 28 day return policy (for change of mind) which is over and above your statutory rights.  This has also passed and is not relevant.
3) The warranty.  This is provided by the manufacturer, is over and above your statutory rights, and can have whatever terms and conditions the manufacturer chooses (including asking that you pay for postage).  This is still an option.
4) Your statutory rights under the Consumer Rights Act 2015, which will deal with faulty goods etc.   This is still an option.

So, you can choose to send the device to the manufacturer under the warranty for repair or replacement.  They can ask that you pay for postage under this, but it might also be the fastest and easiest way to get the thing fixed/replaced.

Or, you can take/send it back to the retailer under the Consumer Rights Act, for repair, replacement (or refund).  As the purchase was less than 6 months ago, the default assumption is that any problem is due to an inherent fault (the retailer would have to prove otherwise).  This should be free of charge - but might take longer than sending it direct to the manufacturer (or might not).  One benefit of this route is that if the item fails again after repair or replacement, you can then demand a refund instead.

GervisLooper

Ergates said:

There are 4 things at play here
1) Your statutory rights, under the Consumer Contracts Regulations 2013, to return an online purchase within 14 days for a "change of mind".  This has passed and is not relelvant.
2) 12VoltPlanet's own 28 day return policy (for change of mind) which is over and above your statutory rights.  This has also passed and is not relevant.
3) The warranty.  This is provided by the manufacturer, is over and above your statutory rights, and can have whatever terms and conditions the manufacturer chooses (including asking that you pay for postage).  This is still an option.
4) Your statutory rights under the Consumer Rights Act 2015, which will deal with faulty goods etc.   This is still an option.

So, you can choose to send the device to the manufacturer under the warranty for repair or replacement.  They can ask that you pay for postage under this, but it might also be the fastest and easiest way to get the thing fixed/replaced.

Or, you can take/send it back to the retailer under the Consumer Rights Act, for repair, replacement (or refund).  As the purchase was less than 6 months ago, the default assumption is that any problem is due to an inherent fault (the retailer would have to prove otherwise).  This should be free of charge - but might take longer than sending it direct to the manufacturer (or might not).  One benefit of this route is that if the item fails again after repair or replacement, you can then demand a refund instead.

Thanks,

Indeed that is in line with what I was thinking, to go with option 4 based on reading the which article on returning faulty goods.

Seems better to let the retailer deal with it under their own obligations due to being within the 6 month window and what was advised in said article.

A few days difference here and there for sending via the retailer are by the by so long as I make alternative arrangements in the meantime..

12voltplanet have been great with several orders in the past as well as managing returns most fairly and speedily a couple of times so I am confident they will deal with it very efficiently as they have in previous instances.