Distance selling regulations

  Linkslade 06 Feb 12
Locked

Anyone familiar with the above?

Bought a recorder on Amazon September 2011 which has stopped working.

Their website refers only to 30 day returns. I'm wondering if at six months there is an entitlement to return goods and if anyone done so.

All advice appreciated.

  Forum Editor 06 Feb 12

I'll transfer this to Consumerwatch from Speakers Corner, and respond to your question there.

  Forum Editor 06 Feb 12

Now that we're in Consumerwatch, here's the position regarding your recorder. You don't say what kind of recorder it is, so I'm going to assume it's a DVD recorder, and not a musical instrument.

The terms of The Sale and Supply of Goods to Consumers Regulations (2002) assume that a fault which reveals itself within six months of the date of purchase was present on that date, and you do not have to prove anything. It is assumed that the goods were faulty, and a seller must prove otherwise in order to avoid having to repair or replace the item.

In practice it's very difficult for a seller to provide such proof,and you can request a repair or a replacement. It's up to the seller to decide which option to go for, but if a repair is offered it must be completed to your satisfaction within a reasonable time frame. The law doesn't define what is 'reasonable' in this context, but two or three weeks seems to be generally accepted as the norm - certainly no more than a month.

If a repair or a replacement is not a practicable option then you can claim a partial or full refund, depending on the circumstances.

I hope that helps. If you contact the seller, make sure that any negotiations are confirmed (by you) via email.

You may find that although you made your purchase via the Amazon site the real seller is actually another company - an Amazon 'partner'. In that case you will need to follow the Amazon procedure for making a claim.

  Linkslade 06 Feb 12

Thank you Mr Editor, most informative, everything I need to know is outlined there.

It is video recorder and was purchased on the 9th September 2011 so it's two days inside the six months period.

I will contact Amazon at once and register the problem.

Many thanks.

  Forum Editor 06 Feb 12

Good luck. Perhaps you'll update your thread as and when there's some progress?

  interzone55 07 Feb 12

Linkslade

If it was bought on 7th September you're over a month inside the 6 month period

  morddwyd 07 Feb 12

This is just the normal Sale of Goods Act, as the FE said not the Distance Selling Regulations.

The Distance Selling Regs give you the right to return a perfectly serviceable and working item within 7 days, simply because you don't like it.

The intention is to compensate for the fact that in a store you would have had a chance to see and maybe handle the items.

When distance buying you are, ostensibly, buying sight unseen.

  proudfoot 07 Feb 12

(Linkslade

If it was bought on 7th September you're over a month inside the 6 month period)

When I was at school some 55 years ago 7th September to 7th February (todays date) was 5 months

If an electrical item over £100 fails out side the guarantee period it is covered by The Sale of Goods Act as Being Not Fit for Purpose. The usual period is taken as 6 years

  Linkslade 07 Feb 12

As requested an update on current situation.

Following the editor's response I contacted Amazon who were very helpful and immediately arranged for the recorder to be collected and a replacement delivered tomorrow 8th September.

Thanks to all for the advice given and top marks to the ones who spotted my deliberate mistake regarding the date!

  Forum Editor 07 Feb 12

Thanks for the update

I hope that all will now be well.

  Forum Editor 07 Feb 12

romanby1

"If an electrical item over £100 fails out side the guarantee period it is covered by The Sale of Goods Act as Being Not Fit for Purpose. The usual period is taken as 6 years"

That's not strictly true - there's no 'usual period'. The length of time that an item should last will obviously vary, depending on what it is, and in the event of a court action each case is taken on its merits. Various trade associations will advise on average life expectancies however,and that information can be useful when dealing with a supplier.

This case doesn't rely on the Sale of Goods Act however, it is covered by the The Sale and Supply of Goods to Consumers Regulations (2002).

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