What are my statutory rights when purchasing an ex-display electrical item?

[joe9t]

Hi,

I bought an ex-display electrical item last year and

 

 

about 6 months down the line it appeared that the bulb inside the item had blown,

but didn't do anything like attempt to replace the bulb until almost 6 months later,

where I found that it wasn't the bulb at all but part of the circuitry inside that had failed.

 

 

I still had the receipt and box and took it back to the place where I had bought the item.

 

 

They said that after all this time it wasn't something they were legally obliged to replace/exchange or refund for.

 

I am having to pay for a replacement part from the retailer instead.

 

Where do I legally stand here?

 

(I sent the item back to the retailer just within 12 months of purchase.)

[BankFodder]

You are covered by the Sale of Goods Act.

If the circuitry has failed then you are probably entitled to a free repair.

[diskmandave]

Personally, I'd take it back again, and as BF has stated, tell the retailer that as the problem was reported

within 12 months, that you ARE entitled to a free repair because you are covered by the Sale of Goods Act (Fit for Purpose).

http://www.which.co.uk/consumer-rights/sale-of-goods/understanding-the-sale-of-goods-act/your-rights/

 

If the retailer gets arsey, or if indeed it's already with the retailer, I'd be telling them that I was going to be

talking to my local Tradings Standards department and my local free newspaper/advertiser...

 

I'd also be making the point that if I was going to be forced to pay for the repair, that it would be under

protest, rather than lose use of the item altogether..... In the name of costs control, and that I would be

pursuing the seller through the County Court for a refund and costs after the repair...

 

Can you tell us what the item is, and who the retailer is...??

 

Good Luck. Please keep us updated...

My Best, Dave..

Edited December 22, 2012 by diskmandave

[BankFodder]

It's not much to do with 12 months. You could be demanding the repair for several years - depending on what the item is.

 

No point in threatening TS and the press won't be interested.

If they won't help you then the only way is the County Court. Quick and easy

[diskmandave]

It's not much to do with 12 months....

Agree, BUT this helps IMHO...

 

No point in threatening TS and the press won't be interested.

If they won't help you then the only way is the County Court. Quick and easy.

I don't agree BF. No harm in setting out your terms from the outset.

If that's TS and local press, when it comes to Court you've got an

extra bullet in your gun, in that you've attempted to settle before Court..

...

[joe9t]

@diskmandave

 

The item is a "Forever Flowers 48inch Fibre Optic Firework Explosion," which retailed at just over £100. Sadly it is no longer available to buy.

 

When I thought the bulb had blown, I just thought it was simply that and left it switched off until I could got round to replacing the bulb.

 

It was then after a further 4-6 months that I found that it was not the bulb but rather another part of the fixture that had failed instead.

 

The retailer is charging me £20, for another base unit, but that's if he can get one.

 

He said he could get me one, but I fear that in January when I go back, he'll just say that one was not available.

 

He has taken the item off me and is holding it at his shop until early January.

 

The shop is Stone The Crows, 1-5 The Moor, Sheffield S1 4PF

 

 

Thanks to eveyone for their advise and help

[steampowered]

I have some doubts about whether there is really a breach of the Sale of Goods Act here. Goods won't be of satisfactory quality if they don't last a reasonable time. However, what counts as a "reasonable time" is hard to say because it really depends on what the judge thinks. The added complication is that under the Sale of Goods Act, after six months, the burden of proof is on you to prove that the good was not "satisfactory quality" when you bought it (before six months the burden of proof is on the retailer).

 

I googled the product and it looks like a fairly cheap set of fairy lights. The pictures aren't clear but based on those pictures, if I saw that product in a shop, I would think "it will work this Christmas but might need replacing next Christmas". I am not an electrician but personally I am not surprised that bits need replacing a year down the line, especially as the left the product sitting and gathering dust for a number of months.

 

I think the shop are being reasonable here. They are trying to help you out by finding a new base unit. Personally I think you should pay the £20 charge, just my opinion.

[locutus]

You would be satisfied at lights that retailed at just over £100 should only last 1 year?

 

You are right that the retailer can say he will not do anything without an engineers report, but if joe9t gets the report and it confirms the issue is from manufacturing the shop will then have that to pay for the report aswell.

 

There is a nice flowchard on the site DMD linked to above that you can print out and educate the retailer as to what he does or does not have to do

[joe9t]

Hi, it has taken me two years to respond, but

I have just come across this thread and realised that I never updated you all on the outcome.

 

 

Well, I'm pleased to say that in the end I managed to fix the fault all on my own

after the shops electrician wouldn't replace a very simple part (where the halogen bulb fits into).

 

 

I went down to a reputable electrical shop in Sheffield (Bardwells) who supplied me what I needed and I fixed the fault myself..

. AND...it's up and working beautifully this Christmas - 3 years on from buying it!!

 

 

Thanks EVERYONE for your advise and once again my apologies for taking so long to update you on the outcome.

 

MERRY CHRISTMAS to you ALL.

[steampowered]

Better late than never!

 

Thanks for letting us know and Merry Xmas