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Ben Jones
Ben Jones, UK Lawyer
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We are a small retailer with a shop and website can you

Resolved Question:

We are a small retailer with a shop and website can you please advice
I understand most of the consumer rights act but need to know the following.
1) How does it apply to consumables such as rechargeable batteries and other items that naturally deteriorate within 3 months or so?
2) How does it apply to ex display/ demonstration or secondhand goods that we sell?
3) Is there anywhere i can find and download this information for future reference?
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

Is there a specific situation relating to the above points that you would like to know about or are you enquiring in general? Thank you

Expert:  Ben Jones replied 10 months ago.

Hi there. Sorry I am in court today and forgot to ask, what is your current policy on the sale and return of these items?

Customer: replied 10 months ago.
We generally follow the current consumer act for chargers etc but give 3 months on consumables such as rechargeable batteries and 2 weeks on clearomisers (which have a life span of upto 1 month).
Customer: replied 10 months ago.
We are about to put up some ex display and ex demonstration items for sale and want to know what we're required to offer
Expert:  Ben Jones replied 10 months ago.

OK thank you, ***** ***** it with me. As mentioned, I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 10 months ago.
ThanksIf you require any further info lease let me know.
Expert:  Ben Jones replied 10 months ago.

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience. Under the Consumer Rights Act 2015 a consumer has the right to reject an item within the first 30 days after purchase if it is not fit for purpose, of satisfactory quality or as described. If bought online they also have a right to return the item, no questions asked, within 14 days of receipt.

There is a clause which says that “If any of the goods are of a kind that can reasonably be expected to perish after a shorter period, the time limit for exercising the short-term right to reject in relation to those goods is the end of that shorter period.”

So if an item is likely to perish before the end of the above time limits the deadline to return them would be that shorter period within which they are likely to perish. If you are asking about rechargeable batteries, then any returns are unlikely to affect the perishability as at most they would need to be return within 30 days and then only if they are faulty.

The rights in relation to ex-display or second hand goods are exactly the same so you must satisfy yourselves that you have provided an adequate description of the item. It is entirely possible for a customer to buy a second hand item which was described in good working order, only to find out that there is a fault with it and if this was not mentioned at the point of sale, you will have to accept a return or if they prefer – a repair or replacement. So that is why you must test these goods thoroughly to ensure that what you are advertising is a true reflection to reality.

If you wanted to stick to the minimum time frames for returns then you may do so, which are 14 days for a return for items sold at a distance. You do not have to offer any returns period for items sold in store as once bought the buyer can only reject them if they are not as described, not fit for purpose or not of satisfactory quality.

If you need to refer to these rights then the official legislation is here:

http://www.legislation.gov.uk/ukpga/2015/15/pdfs/ukpga_20150015_en.pdf

For more specific guidance on parts of your rights then I would depend on which part you are after and these can be found scattered around on websites such as Which and the CAB. A simple Google search would also show most of them for your reference.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 10 months ago.
Thank you for your reply. May I just clarify the above
.
1) when we sell rechargeable batteries we tell customers to expect them to last about 6 months depending on usage (i.e. How many times it recharged) and the type of charger they use. We currently give them 3 months warranty. Is this ok? Or is this incorrect?Other components such as clearomisers have an expected life span of 2 to 4 weeks again dependent on useage. We currently offer 2 week warranty again is this ok within the act?And lastly if I understand you correctly even if we offer ex display items at a greatly reduced cost because them are ex display or ex demonstrators we still have to give the exact same warranties as if they were new and sold at full price. Have I got that correct?Withney.
Expert:  Ben Jones replied 10 months ago.

Hi here

You do not have to give them any warranty – this is voluntary and it is up to you if you want to offer that. You are entirely free not to offer them any warranty so how long a warranty you actually want is up to you. Whatever you offer, they will always have their statutory rights anyway and you cannot take these away

As to ex display items you do not have to give them the same warranties as new items – remember a warranty is just something the consumer gets in addition to their statutory rights which I explained earlier. So you can give them zero warranty but the customer can still return the item within 14 days if purchased online or reject it for a refund within 30 days if bought in store and the item is not fit for purpose, not as described or not of satisfactory quality.

Hope this clarifies?

Expert:  Ben Jones replied 10 months ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

Ben Jones and other Law Specialists are ready to help you
Customer: replied 10 months ago.
Hi ***** you are currently practising please forward your details for future reference. .
I will leave a rating now
Thanks again
Expert:  Ben Jones replied 10 months ago.

Hi there you can always contact me on here, you can just ask for me by name when you post a question, thanks