Euro Car Parts - are they allowed to do this?

Britannia12345

My son bought a car battery back in the summer. He's learning to drive so doesn't drive his car daily. Every time he wants to use it he has to jump start it and he thought a new battery would solve this.

It's still an ongoing problem so he asked the garage when they did his mot and they said the battery is useless and to take it back for a refund.

He's now bought a different brand of battery from elsewhere but Euro Car Parts won't take the battery back for a refund, only an exchange. Are they allowed to do this?

Thank you for contacting customer services regarding your recent order.
 
I am sorry to hear that your Battery has unexpectedly failed. Unfortunately, due to legislation surrounding the safe transport of dangerous goods act our couriers are unable to collect your battery due to these regulations.
 
Can we kindly request you to return the faulty battery back to any Euro Car Parts store, along with your original invoice where they can test and exchange the battery for you once the store has checked and confirmed that this is faulty.
 
** Please note we do not refund on faulty batteries; we only replace them.

Okell

My understanding of the consumer rights Act 2015 is that the seller is legally entitled to one attempt either to replace or to repair before they have to pay a refund.

Why did your son buy a new battery from a third party before giving Euro Car Parts an opportunity to replace?

[Edit: my view is that if you buy a faulty product from someone you obviously go back to them to complain rather than buy a replacement from elsewhere]

Ergates

"Are they allowed to do this?"

Maybe, maybe not - it depends. How long ago did your son buy the battery?

If it was less than 30 days ago, then your son can enact his short term right to reject - which means he can insist on a refund instead of a repair/replacement.

If it's more than 30 days ago, then the retailer is allowed 1 attempt to repair or replace the item.

Given you said your son bought the car in the summer, I'm guessing that he's had the battery for more than 30 days.

As a principal though: "Please note we do not refund on faulty batteries; we only replace them"

is not a lawful statement.

born_again

Maybe the charging system needs to be checked out.

Main issue here is if battery is keeping being allowed going flat, that is not a fault with the battery. Batteries do not like being flat. The more it happens the worse it gets.

Invest in a trickle charger.

Alderbank

I've looked over ECP's published terms & conditions of sale, which is always a good starting point.

Goods and Services

4.1 We are under a legal duty to supply Goods and Services that are in conformity with these Terms. To assist you, please see the box below for a summary of your key legal rights in relation to Goods and Services. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

The Consumer Rights Act 2015 says Goods must be as described, fit for purpose and of satisfactory quality. During the expected life of your Goods your legal rights entitle you to the following:

(i) up to 30 days: if your item is faulty, then you can get a refund.

(ii) up to six months: if your faulty item can't be repaired or replaced, then you're entitled to a full refund, in most cases.

(iii) up to six years: if the item can be expected to last up to six years you may be entitled to a repair or replacement, or, if that doesn't work, some of your money back.

…which I think is a fair summary of their legal obligations under CRA.

In their Warranty T&Cs they say (my bolding)

19.3 …we shall, at our discretion…assess the Goods…

19.4 Subject to the outcome of the Assessment, we will (at our sole discretion) either:

19.4.1 Replace or substitute such Goods on a like-for-like basis without charge;

19.4.2 provide a full refund; and/or

19.4.3 provide a contribution for the cost of labour and/or any associated costs.

Since the OP's son was returning the battery after about 6 months it looks as though the shop staff assumed it was a warranty claim. In general ECP's warranty terms are more generous than consumer rights.

Taken in context as part of the warranty T&Cs I think that the above statement is lawful.

Ergates

Yes, if it's part of a warranty then it's fine. If it's just a general statement, then it's not.