Re: Faulty Mobile Phone

"Peter Parry" <peter@xxxxxxxxxx> wrote in message news:1agc95duejf2oseufd2q6doq47jpkee88q@xxxxxxxxxx
On Thu, 27 Aug 2009 00:20:42 +0100, "Harry Stottle"
<thiswontwork@xxxxxxxxxxxxx> wrote:

"Peter Parry" <peter@xxxxxxxxxx> wrote

The response you were commenting on was neither untrue nor was it
misleading. The OP is not entitled to demand a replacement instead of
a repair.

That is only your opimion,

It is the law as set out in the Sale of Goods Act as amended by the
Sale and Supply of Goods to Consumers Regulations 2002.

and seeing as you omitted "or partial refund"
from the paragraph above,

If neither repair or replacement is possible a refund rebated to take
into account the use you have had from the goods may be offered (SoGA
48(C)(3).

This is where the problems can start to arise, it states in the above quote "- may be offered -", which could mean that the offer could be refused by the customer, or it could mean that no offer need even be given, then we have the problem of taking into account the amount of use someone might have had from the goods, in order to determine how much compensation should be paid, and how is the customer going to prove this? If I bought an item that went faulty after two years due to an inherent fault, I would be happy to accept compensation of two thirds of the original cost, or a repair, or replacement, which to me seems fair, but if that replacement was a scratched and grubby item that stunk of cigarette smoke, then that would not be acceptable to me, especially if the faulty item that I returned was in like new condition, so the law needs to clarify what is and what is not acceptable for refunds, replacements, and repairs, and also clarify what is an acceptable time to repair, replace or organise a refund for a faulty product. Until the law is clarified, we are always going to get the arguments of retailers interpreting the law as to what best suits them, and consumer groups and customers interpreting the law in favour of the customer.

.

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