The Sale of Goods Act makes reference to ‘the seller’, this is the shop, the retailer, or the individual you bought it from, and is who you made the contract with. It is not the manufacturer, and don’t let the shop tell you otherwise! If there is an obvious fault with the item at any time within the first 6 months and it has not been caused by wear and tear or misuse, your first port of call must be the shop you bought it from. They have the responsibility to put the matter right, and should not evade this responsibility by referring you to the manufacturer in the context of a guarantee or warranty. Even after this 6 month period, if the item breaks down prematurely , you should always go back to the shop or retailer in the first instance.
Your statutory rights under the Sale of Goods Act take precedence over and above any warranty or guarantee you may have with either the retailer or manufacturer. It is misleading for a shop to tell you they can do nothing simply because their warranty or guarantee has run out, because you will still have your statutory rights. See our section on guarantees and extended warranties for more info.
Common Complaints
- They say I’ve taken ownership so it’s my responsibility
- Do shops have to give me my money back?
- It’s second hand – do I have any rights?
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In September 2016 I purchased a refurbished Samsung Galaxy Note4 from a UK supplier on eBay with a 12 month warranty.
The motherboard and SIM reader have failed so I contacted the supplier.
They have confirmed that it is covered under warranty and have agreed to repair or replace it.
So far so good!…. Now it appears that the UK seller detailed on eBay along with a company name and address in Cardiff is just a front for a Chinese dealer. They are now advising me that the UK seller cannot repair or replace the phone and that if I want the problem resolved then I must return it to China at my own expense. The matter could take several months to conclude as they will return it via surface mail!
My question is that if I purchased the phone in good faith from a UK supplier who is unable to fulfil the terms of the warranty then am I entitled to a refund?
Obviously as a refurbished product the manufacturer’s warranty is not applicable.
https://www.which.co.uk/consumer-rights/regulation/consumer-rights-act
Don’t listen to the shop even after 12 months if it develops a fault it is still the shop who has to rectify it.
And also if you’ve had the product less then 6 months it’s down to the shop to prove the fault did not already exist.
But be warned after 6 months the shop can ask you to provide proof of the fault.
More of this can be read in the above link.
Hi Abby,
Your contract it with the person you paid the money to.
It is their job so repair the phone free of charge.
This can apply up to at least 5 years depending on the cost of the phone of course.
There is no such thing as a one year cutoff so best to forget about the warranty altogether.
So long as the money has been paid to a UK company, they must sort the phone out for free under the consumer rights act of 2015.
If they don’t they are breaking the law and can be reported to trading standards.
The company you purchased the item from are within their rights to demand you get a professional report on the fault.
However if the report goes in our favour that you have not caused the issue by misuse, and its a manufacturing defect i.e caused the product to not last within a reasonable period of time, then you are entitle to the free repair and also claim the report money back. Personally I would not be fobbed of by the person you bout the phone from to deal with China as you not bought it from there. If you get no joy from the UK business, then you could threaten to take them to the small claims court under the consumer right act of 2015 which states about not being fit for purpose or lasting a reasonable period of time etc. If the phone is beyond repair then you are legally entitled to a refund, minus the time you have had use of the phone on a pro rata bases. Hope this helps?
Hi
I bought a steam generator iron from Tesco on line direct, it stopped steaming in 13 months. Ineentvto a Tesco store and was told Tesco only garantee items for 12 months. Should I return it to the manufacturer and what are my rights
Thank you
No, your contract is with Tesco’s.
They should not be fobbing you off and sending you back to the manufactures.
Tesco has a legal obligation under the consumer rights act of 2015 to repair the item free of charge. Tesco’s are within their rights to demand you get a professional report on the fault.
However if the report goes in your favour that you have not caused the issue by misuse, and its a manufacturing defect i.e caused the product to not last within a reasonable period of time, then you are entitle to the free repair and also claim the report money back.
We have just bought a clear coating to apply to the oak veneer doors we have just had fitted which has gone horribly wrong the decorator has found after applying the product that there is a fault with it we do not now if it is a manufacturer problem or a problem with how the product was stored . The result is that the doors will have to be replaced at considerable expense , who is responsible for paying .
I bought a LG tv from Argos approx 3yrs last night it gave up suddenly and started blinking constantly impossible to watch how do I stand with the store what should I expect as it is a lot of money for it to break down already please help
purchased a satnav from argos feb 16 – as of april 17 the gps is well and truly lost! live help on argos said it was nothing to do with them and contact tomtom – who should i go to? sale of goods act states seller and not manuracturer – not in the mood for a barney at argos but whats the point of a sat nav that can’t direct you!
My van broke down so I took it to a garage they told me the problem charged me for the parts and repair. Two weeks later the van broke down again with the same problem when I took it back they told me a part attached to the part that has been change was twisted that’s why it has broken again, they are charging me for the part again and the new part which is twisted. Is it down to me to pay for the same part twice as they should of known it was twisted in the first place ? I would be very grateful for your help
I bought an ink cartridge for my Epson printer. The printer photos become faded and also it work slowly. My friends suggest me Go inkjet store in Wigan for ink cartridge and photo paper for my printer. Guys Please tell me, Is this correct to buy Ink cartridge from there?
I bought a double metal bed frame sept 2015 and today it has broke it looks like the weld joint has failed I rang the online retailers but they said it only had a 12 month guatentee. I expect a bed frame to last longer than 20 months. It is a double bed frame but only one person my daught is sleeping on it. Can I do anything
I ordered a television stand on the 29/04/2017 at currys pc world after waiting seven weeks for delivery I went back to the shop and was told the manufacture have not given any date for delivery so I ask for a refund to my surprise I was told I cannot have a refund I can only have a credit voucher I said to the manager I cannot use a curry voucher to buy my item in another store he said I can go to any of their stores and used the voucher I told him I do not wish to go into their stores I would like to have the money put back on my credit card the same way I paid he refused and said I can only have a credit voucher I feel I am entitled to my money back not a credit voucher they are at fault for not delivering the goods
2yr old bathroom unit(5yr garentee) paint coming of unit and draw shop says wholesalers said this happens with water!! Cost £300 what can I do as it is going worse please
I’ve a ceramic hob from AO.COM, barely used and 2 moths old – barely used because sometimes it works and sometimes it doesn’t – I had the electrics checked just to be on the safe side before contacting them.
They say as it’s under warranty to deal with BEKO – I did ring them and was told I need to provide proof for the electrician and if no fault is found I will be charged for the engineer visit.
Went back to AO.com who have said I have to go through BEKP before they will even look at my complaint.
I’ve gone back to them quoting the sales of goods act, currently awaiting there reply.
I will do a video for them to prove the fault (as it’s an intermittent problem)
Seems they are only interested if you take out their warranty at an extra cost!
Hi. Back in December 2016 I bought an acer iconia tablet for my daughter. It’s July now and tablet stopped charging. Argos sent it off to be repaired but they said the charging port was damaged and it’s not under manufacturers guarantee so they won’t repair it or exchange it. I’ve seen lots of people had same problem and it seems like the batch is faulty but the customer is blamed for breaking it. Is there anything that can be done? Thank you
I have purchased a firm mattress from united carpets wood floor and beds , we tried the bed in store and seemed good for us , they then ordered us one from the manufacturer but having slept in it the first night it was like sleeping on a concrete slab . We have persivered for 4 nights now and it’s still awful , aching an tossing and turning all night . Can u please tell my rights on exchange please .
hello i purchased 2 ovens from’the wright buy’ online through ebay . i have had the ovens for two years and they cost £ 149.99 each . the fans on both ovens have stopped working and they tell me that it is wear and tear . would it be worth taking to small claims court to compensate me . I have reported this matter to citizens advice and they have reported them to trading standards as the company do not want to help in any way
thanks
Tracey Watson
Got a new Peugeot vox and has broken down Peugeot refused to fix it as said I hadn’t had first service I had and sent them invoice from there dealer now they say it had no oil in it it had oil in it as checked it that morning and morning before but still they refuse to fix it bike is at anther dealers from the one I purchased it from .Which have tryed best the can to help . what should I do now nearly two months any ideas
What if a manufacturer does a replacement for you within first year. It fails after 15 months. Manufacturer says it should be taken back to seller but seller refuses as the item’s serial number is not associated with their system. So I can’t claim off seller and manufacturer is not accepting responsibility