If they do sticky it then all they have to do is remove the excess posts and leave the bare information. Infact im gonna update my thread accordingly EDIT - Done.
Few more changes. I've updated the Distance Selling Regulations with some more information and also provided a template letter. I'll be looking to simplify the Sale of Goods Act letters accordingly as I prefer the format MoneySavingExpert.com used as in the Section 75 template.
Thanks for the effort quoting all the requests for a 'sticky'! Just expanded the part explaining Section 75. Did you know it's actually enforceable for an entire 6 years? Imagine all those faulty 8 series GTX cards flung up on ebay over recent years. To think they could have gone for a refund if a credit card was used!
please be aware that sales of goods act 1979 says up to 6 years. it is up to the retailer wether or not a full refund is given, or a partial refund, as some use will have been had. 6 months after a sale, it is up to the customer to prove the goods were faulty when sold, and it is up to the retailer to agree a refund, swap or repair. it also only applies to goods that can reasonably be expected to last that long. you will not get a refund, swap or repair after 12 months for anything under £100 normally, unless you have a very willing retailer.
It's also possible to request 'damages' as opposed to the replacement/repair. The monetary value for damages in a courts eyes is the cost of replacement or repair of the faulty goods. The 6 month rule was outlined in the original post. Also it's perfectly within your rights to use the Sale of Goods Act 1979 on purchases under £100. My point is we really shouldn't have this willingness to accept our electrical equipment is doomed to fail in the space of a few years. If it has been used properly then most equipment should last far longer than 6 years. It's not an unreasonable expectation. You are correct to highlight the onus of proving the goods faulty past 6 months is with the original buyer and the fuss providing qualified proof of this can be more expensive than the item itself! Then it's simply not worth the hassle but I would still recommend sending a letter to the retailer to gauge what response is given. In the example of an Nvidia GPU failure for an expensive laptop a couple of years old, I would really gun for a repair, replacement or refund. It's not unknown to drop a couple of thousand on high spec laptops and I would expect it to last much longer than a couple of years!
Sale of goods act - as amended. DURABILITY is one of the conditions. You don't always have to prove a fault was there from purchase. I had a Philips plasma TV fail on me after 26months. I couldn't prove the fault was there from when I bought it, so I wrote to Comet stating I had a 20year old Toshiba and a 10 year old Panasonic TVs still working in my house and that I was claiming under the Sale of goods act-as amended due to lack of durability. I expected a TV worth £2500 to last alot longer than 26months. The engineers I used to inspect the TV happened to be the same one Comet used abit, so they accepted my casewithout question and sorted me out with a new TV to the full value of what I paid origionally. PS - one thing to point out if it hasn't been mentioned yet. The gaurantee on the new/replacement item is basically a continuation of the origional gaurantee, you don't start a fresh. So for my new TV i'd have 6 years minus the 26months I'd already had the origional tv for left on my SOGA cover.
Thanks for the information cdb, I hope more people will write their experiences on here over time. Just received confirmation of a claim I submitted to ebuyer.com using the Sale Of Goods Act 1979 for a partial refund on a faulty Belkin Superior SurgeMaster. Now this was a very low cost item at the time which set me back £5.94 way back on 6th March 2008! Taking in to Consideration the use I've had from the SurgeMaster, ebuyer has offered me a refund to the amount of £2.81. It's small chips but I'm really impressed with the way ebuyer has handled this. They replied within a few days of me sending them the original letter and they even sent the reply via recorded delivery. This is the kind of service we should expect and it's very reassuring that this is the level of customer service I can expect from ebuyer.
Definately sticky this, very useful - especially for the draft letters. Used DSR for my order of the U2711 from OCUK. I've read a few horrors on other boards of people buying "b-grade" "factory repacked" things from OCUK - only to find its just a broken product returned by a customer, refurbished badly repacked by OCUK and sent out again. I can't be bothered with the faff. So hopefully they cancel the order before they ship the thing. I'm not paying to have something like that sent back. Cheers for the thread Blogins.
Blogins, that is one hell of a guide. I see so many people fretting about DSR and the Sale of Goods and Services Act - this could make bit-tech a FAR more popular place. And so I say:
Please Sticky I'm sure this information will save many people a lot of money and also get prompt refunds when needed! I wonder how much rep Bloggins has been givenfrom this alone lol
Heh I should have bought shares in SSD chip companies. Would be making a killing if every computer/tech website suggested SSD's in every build advice thread xD
WHY ISN'T THIS STICKIED YET!?! ( I've got rid of this post now, sorry! ) Still, STICKY THIS THREAD!!! Still, STICKY THIS THREAD!!!
+1 Voice for the "STICKY THIS NOW" brigade, this information is priceless in today's economy. Fantastic write-up and +rep for you Blogins sir.
Just a note that the above post has a dedicated thread here... http://forums.bit-tech.net/showthread.php?t=218934 So don't bother replying in the consumer rights thread!
