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Clarification of SOGA - Headset mic stops working after 21 months


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I have a Creative Fatal1ty Gaming Headset, purchased from Play.com in 2009. The headset has been well looked after however for no apparent reason the microphone has suddenly stopped working. One day it was fine, the next it is not working.


I contacted Play.com and asked them to replace the headset under SOGA, stating the less than 2 years for a £30 headset advertised as high quality fell short of expectations and as such the item wasn't fit for purpose. They responded stating that after 6 months it is the onus of the customer to prove the item was faulty, which I know is correct, and that without a fault report that stipulates the problems are the result of a manufacturing error there is nothing I can do.


My understanding of the rules were if a customer shows that the item is in a good condition that is sufficient proof that the item has been well cared for. As long as the headset remains in a good condition (no damage to the headset or cables) then that is sufficient to request a replacement on grounds that the item was not durable enough, and as such is unfit for purpose.


Can someone clarify where the law stands, and do I have to get an engineers report on this?

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SOGA won't apply at all because Play.com are based in Jersey.

The above post constitutes my personal opinion on the facts in the post compared with my personal knowledge of the applicable legislation. I make no guarantees of its legal accuracy. If you are in doubt seek advice of a legal professional specialising in the area concerned.


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