different opinions on the statutory rights of a customer

Estelle77

New Member
May 10, 2014
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Hello folks, it has been a while since I was here last time. You helped me to get what I was entitled for in the past. So here I come again, but only to ask you who is correct and what I have missed.

Once I read a tech magazine, where they have a section of people asking for advice and getting this advice. When reading one case I did not quite agree with their suggestions, because it seemed in contrast to what I learned here. But maybe something else was in the game which I missed.

I sent them an e-mail like this:

...there was a closed case about a faulty TomTom. The reader asked that if the device has problems with charging whether he is only entitled for a full refund during the first 30 days and you said yes.
My view is: you are entitled for a full refund, regardless of the policies of the company if the fault shows up within first 6 months since purchase/delivery (not sure about this one, I think it is the delivery time when bought online), it is taken as the fault was present at the date of purchase/delivery, hence the customer has the right to request a full refund within 6 months, not 30 days. What is more, it is the customer who has the right of choice whether they want the full refund, replacement or repair. If the company tries it other ways, it is committing a criminal offence of misleading the customer about their statutory rights.

Have I missed something?

Obviously, the customer cannot insist on exchange when the company no longer sells such product but the full refund is always an option within those 6 months. Just saying. In addition to that, according to the distant selling regulations, the customer has the right for a full refund of the returning postage in three specific cases: if the item is faulty, not fit for purpose or not as described.

I have had a few cases like this as a customer and when making clear that I knew my statutory rights, I won and got a full refund. Until then the companies or sellers tried everything possible to get rid of me and keeping my money.


Their response was:

...that isn't correct. Under the Sale of Goods Act you were only entitled to a full refund within 'a reasonable time' - usually put at about 30 days. After this the retailer is entitled to either repair or replace first before offering a refund. The first 6 months alludes ONLY to the fact that if an inherent fault appears during this time - YOU the customer DO NOT have to prove the fault's inherent. The retailer has to prove there is no fault or it has been caused by accidental damage or fair wear and tear. And at that time - say five months down the line - the refund could be pro rata to take into account any use you had from the device.

Also regarding the distance selling regulations you were always entitled to a full refund including postage and packaging provided you let the retailer know within seven working days starting the day after reciept of the goods that you were rejecting them - for any reason. Fit for purpose, faulty etc has nothing what so ever to do with the DSRs - that is ONLY the Sale of Goods Act

So?
Your turn. I am curious to find out more.
Just adding, that regarding the distant selling regulations, I believe that the seller does not have to refund the returning postage when the customer has changed their mind within 7 days 'for any reason'. I have learned here that there are three specific cases when the seller must refund the postage for returning the item. In other cases it is their good will, usually providing a cost-free returning options.