Faulty goods under warranty: What are your rights?

In the UK, consumer rights regarding faulty goods under warranty are protected by robust laws. Understanding these rights is crucial when dealing with defective products, whether they’re everyday items or luxury goods. This guide demystifies warranties, explores your legal rights, and provides practical steps for resolving issues with retailers and manufacturers. While this information is valuable, complex cases may require professional legal assistance – don’t hesitate to seek expert advice if needed.

Read on to learn how to effectively handle faulty goods and secure the resolution you deserve.

Understanding warranties

The world of warranties can be complex, but understanding the main types is crucial for consumers:

• Implied warranties: Automatic protections provided by law.
• Extended warranties: Additional coverage offered for purchase.
• Lifetime warranties: Coverage for the entire lifespan of a product.
• Limited warranties: Protection with specific restrictions or conditions.
• Express warranties: Explicit promises made by the manufacturer or retailer.

What’s covered and what’s not

Most warranties typically cover manufacturing defects and failures that occur within normal use of the product. Common examples include:

• Manufacturing defects (e.g., a wobbly chair leg, a TV with dead pixels).
• Electrical issues (e.g., a short circuit in a kettle, power fluctuations in a gaming console).
• Faulty components (e.g., a malfunctioning car alternator, a defective smartphone battery).
• Failures within normal use (e.g., a washing machine that stops spinning, a laptop that won’t boot up).
• Software malfunctions in electronic devices (e.g., persistent app crashes on a tablet, operating system errors on a computer).

However, warranties also have exclusions that limit their coverage, such as:

• Normal wear and tear (e.g., worn out shoe soles, faded fabric on furniture).
• Accidental damage (e.g., dropping a phone and cracking the screen, spilling liquid on a laptop keyboard).
• Unauthorized modifications (e.g., jailbreaking a smartphone, upgrading a computer’s hardware without approval).
• Improper use or maintenance (e.g., using the wrong type of detergent in a dishwasher, failing to clean a vacuum cleaner filter).
• Cosmetic issues not affecting functionality (e.g., minor scratches on a car’s paintwork, slight discoloration of a garment).

Your legal rights under UK consumer law

When it comes to faulty goods, UK consumers are protected by robust legislation that complements and often supersedes manufacturer warranties.

The six-month presumption

For the first six months, any fault is assumed to have existed at the time of purchase. The retailer must prove otherwise if they believe the fault occurred due to misuse.

Returns policy in the UK

Retailers often have their own returns policies, but consumer rights under the Consumer Rights Act 2015 supersede any store policies. For faulty goods:

• Within 30 days, you are entitled to a full refund.
• After 30 days, you can request a repair or replacement.
• If repair/replacement fails, you can seek a refund or price reduction.

Amazon’s return policy

Amazon is bound by UK consumer law and has its own return policies. For faulty items:

• • You can return faulty goods within 30 days of receipt for a full refund.
  • After 30 days, Amazon typically offers a repair, replacement, or refund, depending on the situation.
  • Amazon also adheres to the Consumer Rights Act 2015, meaning they must ensure goods are fit for purpose and of satisfactory quality.

Do I need a lawyer?

While most faulty goods issues can be resolved without legal representation, certain situations may benefit from professional legal advice:

• High-value claims: If your claim involves a significant amount of money (typically over £10,000), legal expertise can be crucial.
• Complex cases: When dealing with multiple parties or intricate contract terms, a lawyer can help navigate the complexities.
• Persistent disputes: If a retailer consistently denies a valid claim or is unresponsive, legal intervention may be necessary.
• Potential court action: If you’re considering taking the matter to court, a lawyer can assess the strength of your case and guide you through the process.

FAQs

1. What is the difference between a manufacturer’s warranty and my statutory rights? A manufacturer’s warranty is a voluntary guarantee offered by the manufacturer, while statutory rights are legal protections provided by law, such as the Consumer Rights Act 2015.
2. Can a retailer refuse to help me and tell me to contact the manufacturer instead? No, your contract is with the retailer, not the manufacturer. The retailer is responsible for addressing issues with faulty goods, even if they’re under a manufacturer’s warranty.
3. How long do I have to make a claim for faulty goods? For most goods, you have up to six years from the date of purchase in England, Wales, and Northern Ireland (five years in Scotland) to make a claim, provided you can prove the fault was present at the time of purchase.
4. What if a faulty product causes death? In cases of death caused by a faulty product, it’s a serious matter beyond standard consumer law. Seek immediate legal advice. You may have grounds for a civil lawsuit and there could be criminal implications for the manufacturer or retailer.
5. Can I insist on a replacement for a faulty product? You can request a replacement, but the retailer has the discretion to offer a repair if it’s more cost-effective. If the repair fails, then a replacement or refund can be pursued.

Understanding your consumer rights is essential when dealing with faulty goods. By being informed of warranty terms and legal protections, you can effectively address issues with retailers and manufacturers. Always act promptly and assert your rights confidently to ensure fair treatment as a consumer.

Need expert guidance on faulty goods?

Qredible connects you with experienced consumer rights lawyers. They can help you navigate complex warranty issues, assert your rights, and resolve disputes effectively.

KEY TAKEAWAYS

1. Manufacturer warranties are voluntary offerings, while statutory rights are legally enforced and often provide more comprehensive protection for consumers.
2. The Consumer Rights Act 2015 stipulates that goods must be of satisfactory quality, fit for purpose, and as described. It also provides consumers with a 30-day right to reject faulty goods for a full refund.
3. After the initial 30-day period, consumers are entitled to a repair or replacement of faulty goods. If these remedies fail, consumers can then claim a refund or price reduction.
4. Time limits for making claims vary across the UK. Consumers have up to 6 years to claim in England, Wales, and Northern Ireland, and 5 years in Scotland. Additionally, there’s a 6-month reversed burden of proof period where faults are presumed to have been present at the time of purchase.