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I bought a set of lights in 2006 which failed last year. Returned them to the supplier who then sent them to the distributor for repair. They couldn't be fixed so I got a new set. This new set has just failed again, after almost the same amount of use as the first set - 4 months at around 8 hours use a week. Sent them back again. Supplier has advised they have sent them back for repair/replacement but to be honest I would rather have the money back.
But supplier will only give me vouchers. Where to I stand in terms of consumer law. I'm knida okay with vouchers but would obvioulsy rather have cash.
what did they say when you said "no I'd rather have the cash please"?
They said 'we will offer a voucher for amount paid'.
Google for sale of goods act and have a good read. On the BERR site there is good guidance. You are entitled to a replacement or your money back if there is a manufacturing fault which it is assumed to be unless proven otherwise within six months. You do not have to accept vouchers. Your contract is with the retailer not the manufacturer.
Under some circumstances repair may be reasonable - it depends what the fault is to some extent.
Have a good read of the BERR site http://www.berr.gov.uk/whatwedo/consumers/fact-sheets/page38311.html and see which of the various provisos fit your situation best. I think you are into the various grey areas / reasonableness tests within the act - not totally clear cut.
cheers TJ, thanks for the advice. I though that given this is the 2nd time the same model of lights have failed then getting my money back seems the right thing.
Ignore consumer law for a minute - 2 sides to this:
[list][*]Someone is offering you the value back for lights you bought 2+ years ago and have enjoyed the benefit of for 2 years. Given that bike lights have moved on a lot in 2 years - you will be able to use those vouchers to buy much better lights.
[/*][*]In the current economic climate I wouldn't want a credit note from even a large name bike shop - so would be buying replacement goods immediately.[/*][/list]
In terms of law you are heading towards an argument about fair wear and tear, what you are doing to the lights to damage them, how long they should last, etc. You may be within your rights to demand a cash refund - but they would not be unjustified in disputing it given that it in now >2 yrs since the original purchase.
But the goods have a 2 year guarantee. And they have both failed with the same problem; basically the control module in the battery pack is failing. I can’t see what I’m doing that would cause them to fail and I think the seller would struggle to prove otherwise. They worked fine last Thursday then wouldn’t work properly on Friday. I understand your points poly but this really isn’t an issue of wear and tear. The replacement lights have lasted almost the same length of time as the original set give or take a week. I don’t want another set because I’m pretty sure the same thing will happen next year.
I don’t want to name the seller or the manufacturer as I want to give them the opportunity to respond accordingly. I do know that the distributor is normally very helpful and I’m sure if it was up to them they would give a cash refund.
Gary, contact these guys, they're the official government Consumer helpline.
I contacted them only yesterday about some 1 week old forks that packed up that Fisher distribution were offering to repair. I mentioned that i'd been in contact with Consumer Direct and stated my rights and i've now got another brand new set. If it wasn't for mentioning these guys i'd probably have had to sent them back (again) and waited for them to be reparied.
You could dig your heels in a bit more but to be honest, for the amount of hassle i'd take the vouchers.
But the goods have a 2 year guarantee
Which will be with the manufacturer?
Absolutely Al - don't mix up your rights under the sale of goods act and a manufacturers warranty.
Very different case from the one week old forks. You might win under the sale of goods act but it is by no means certain due to the age of the lights. A good chance but by no means a certainty to get all your money back.
Update - just had a full refund of the original cost of the lights from the supplier. Thanks for your input guys.