Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Do you have details of the contract to hand? If so, please can you tell me what it says in relation to their guarantee and issues relating to product / manufacturing faults?
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Many thanks for your patience. You will have two sets of rights here – firstly under contract as per the guarantee you have and secondly under consumer protection legislation.
In terms of the guarantee you can only expect what the terms of the guarantee offer you and if that is a repair or replacement then you cannot ask for a refund under that. In terms of breach of contract, it may be difficult to argue it amounts to that but it could be negligence which is a separate tort. However, to be able to claim under that (or breach of contract) you would have to show that you had suffered losses. So if you were only inconvenienced and stressed about it all, you cannot make a claim, you must show actual losses.
As to your statutory rights, when a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Sale of Goods Act 1979 and the Sale and Supply of Goods to Consumers Regulations 2002.
The law states that the goods must be of satisfactory quality, as described and fit for purpose. If they are not, you will have certain legal remedies against the seller. There is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.
If the goods are not as described, of satisfactory quality or fit for purpose, you have the following rights:
1. Reject the goods and request a refund - this is only possible if the rejection occurs within a 'reasonable time'. This period depends on the circumstances, although it is generally accepted to be within the first month after purchase.
2. Ask for a repair or replacement – if you are too late to reject the goods, you can ask the seller for a repair or replacement without causing any significant inconvenience.
A useful rule is that if the goods are returned within the first 6 months after purchase, the law assumes that they did not conform to the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the goods are returned more than 6 months after purchase, it would be down to the consumer to prove that the goods did not meet the statutory requirements set out above at the time of sale.
As you appear to be too late to reject the goods, you cannot ask for a refund now but you can still try and resolve this by contacting the seller and asking them for a repair or replacement with a further guarantee. A refund at this stage will only really be a possibility if a repair or replacement are no longer possible, such as the issues cannot be repaired or they no longer make these items or if numerous repairs/replacements have failed to resolve this. It is probably too early to argue that as you have only had two of these items, perhaps after the third one, assuming it fails too, you could be seeking a refund.
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