Replacement rights

Janey1a

I have bought a £750 remote control truck from a UK supplier (made in Texas, USA).  

I have literally just unpacked it and it is not working correctly, I believe there is an issue with the servo.
i have contacted the shop I bought it from who have contacted the manufacturer in the States.  The manufacturer has asked me to take it apart, disconnect the servo to test it, they will then send me that part under warranty.
i believe am entitled to ask the UK supplier to send me a complete replacement truck since this is faulty out of the box, not broken down after use which would be a warranty issue.
Am I correct.
?

Woodstok2000

Yes. Unless youve bought it through an online marketplace, thr Supplier is liable, and within 30 days you have the right to a repair or replacement, or you can just reject it for a full refund.

Ergates

You've just opened it - but how long ago did you buy it?   (i.e. just checking it's not been sitting in a box for 6 months).

Janey1a

Woodstok2000 said:

Yes. Unless youve bought it through an online marketplace, thr Supplier is liable, and within 30 days you have the right to a repair or replacement, or you can just reject it for a full refund.

Thanks I thought so.  Am I right in saying the supplier should also pay for return postage of the faulty item?  Their terms and conditions don’t specify, it just says “If you return Goods either because you believe they are faulty or because you change your mind, we ask that Goods be accompanied by a form of proof of posting” and “ If we have dispatched an incorrect item, if you wish we will make an exchange and pay agreed costs of returning the item.”
but no mention of whether they will pay for return of an item faulty out of the box.
it was also paid for by debit card so don’t know if we could use S75 if we have any issues with the supplier.

Janey1a

Ergates said:

You've just opened it - but how long ago did you buy it?   (i.e. just checking it's not been sitting in a box for 6 months).

It was delivered and opened yesterday (may have been sitting in the model shop for a while though!)

MyRealNameToo

Janey1a said:

Ergates said:

You've just opened it - but how long ago did you buy it?   (i.e. just checking it's not been sitting in a box for 6 months).

It was delivered and opened yesterday (may have been sitting in the model shop for a while though!)

How long the shop has had it is irrelevant. 

As it's within 30 days you are entitled to reject it for which you will receive a full refund. You need to make it available for the merchant to collect it or you can come to an agreement about you returning it to them. 

If you dont want a refund but would rather the item be replaced or repaired you can express a preference to the merchant but you can't force them to do one if the other is materially cheaper. 

Of cause if you reject it and get the refund you can use that to buy a replacement, maybe the merchant won't be willing to sell you another one but presumably there are other retailers. Alternatively you can remind them of your right to reject it for a refund with the threat of you buying another one elsewhere to encourage them to do an exchange but really depends if its unique to this retailer or if there is a dozen places selling it for the same price. 

Woodstok2000

Janey1a said:

Woodstok2000 said:

Yes. Unless youve bought it through an online marketplace, thr Supplier is liable, and within 30 days you have the right to a repair or replacement, or you can just reject it for a full refund.

Thanks I thought so.  Am I right in saying the supplier should also pay for return postage of the faulty item?  Their terms and conditions don’t specify, it just says “If you return Goods either because you believe they are faulty or because you change your mind, we ask that Goods be accompanied by a form of proof of posting” and “ If we have dispatched an incorrect item, if you wish we will make an exchange and pay agreed costs of returning the item.”
but no mention of whether they will pay for return of an item faulty out of the box.
it was also paid for by debit card so don’t know if we could use S75 if we have any issues with the supplier.

Yes. CRA 2015 Section 20(8) confirms the retailer needs to cover reasonable return costs.

Section 75 is credit card only.  Visa debit cards have a chargeback scheme, but it's not legally binding.

MyRealNameToo

Woodstok2000 said:
Visa debit cards have a chargeback scheme, but it's not legally binding.

Chargebacks are "legally binding" as they are part of your and the merchants contract with the respective banking services provider. What they dont do is provide a final resolution to the underlying problem and so the merchant's bank can legitimately take money from their account, and could sue them were there was insufficient funds as a breach of contract. 

The merchant however could also sue their former customer if they believe the funds have been unduly taken from them. 

Ergates

Janey1a said:

Ergates said:

You've just opened it - but how long ago did you buy it?   (i.e. just checking it's not been sitting in a box for 6 months).

It was delivered and opened yesterday (may have been sitting in the model shop for a while though!)

That's good - you're will within the time limit for the short term right to reject.  This means you can choose to reject the goods for a full refund (including postage).  This is in additional to your other rights under the CRA which state that if/when goods are/become faulty then the retailer must repair or replace them.

So - depending on what outcome you want you have a number of options.   If you want the retailer to replace the goods but they don't want to you, you could use your right to reject as leverage - i.e. "Either you replace the item and sort out the repair of this one in your own time, or I'll reject the goods and you lose a sale".