Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
As a consumer, who has made a purchase from a business seller, you will have certain rights under the Sale of Goods Act 1979 (“SGA”) and the Sale and Supply of Goods to Consumers Regulations 2002 (“SGCR”).
When you purchase goods, whether they are new or second hand, your statutory rights say that you can expect them to be of satisfactory quality, as described and fit for their purpose. If they are not, you will have certain legal remedies against the retailer that sold you the goods (not against the manufacturer).
There is no remedy for fair wear and tear, misuse or accidental damage, or if you decide you no longer want the goods. Similarly, there is no legal remedy where you were aware of the fault before the sale or it should have been evident on reasonable inspection that there was a fault.
I suspect the main issue here would be whether the failure of the clutch can be attributed to wear and tear, which is unlikely to be covered under the SGA.
If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:
If the goods are returned within the first six months of purchase, there would be an assumption in law that they were faulty. If the retailer does not agree, it is for them to prove that this was not the case. However, if the complaint is made after the initial six months have passed, it would be down to the consumer to prove that the goods were faulty at the time of purchase or that they do not conform to the legal requirements I mentioned above.
As you are too late to reject the goods, I suggest that you write to the retailer and let them know that you are asserting your statutory rights under the SGA and SGCR. Advise them that you are requesting a repair or replacement instead and give them 14 days to comply. Inform them that if they fail to co-operate you will have no choice but to commence legal proceedings to recover any damages that have resulted from this.
You are welcome. Please let me know if this has answered your query or if you need me to clarify anything else for you in relation to this?