consumer rights in returning faulty item after two years

sweetie

I bought an item from maplins over 2 years ago and it recently developed a fault. I rang the tech support in the Uk as typically couldn't get through to the Irish stores (and the item was bought on the uk website) and was told that even though it was out of warranty that I could return it to a store and pay £15 to have it sent back and looked at. If it was a minor thing it would be repaired otherwise they would contact me with a quote. I neglected to mention that I was in Ireland and when I rang the Jervis St, Dublin store to confirm the staff member told me that it was out of warranty and I wa sentitled to nothing. I then rang the national consumer agency and spoke to a very helpful guy who basically explained that the as product should have a life of more than two years I was entitled to a repair or replacement by law and to read the Sale of Goods and Supply of Services Act, 1980. I have checked this and feel it is quite vague and there is nothing to show I can demand this action apart from this:

"12.—(1) In a contract for the sale of goods there is an implied warranty that spare parts and an adequate after sale service will be made available by the seller in such circumstances as are stated in an offer, description or advertisement by the seller on behalf of the manufacturer or on his own behalf and for such period as is so stated or, if no period is so stated, for a reasonable period."

I've heard a six year term been mentioned regarding items but this seems absent in the legislation. Any ideas please?

Stealdo

sweetie wrote: »

I bought an item from maplins over 2 years ago and it recently developed a fault. I rang the tech support in the Uk as typically couldn't get through to the Irish stores (and the item was bought on the uk website) and was told that even though it was out of warranty that I could return it to a store and pay £15 to have it sent back and looked at. If it was a minor thing it would be repaired otherwise they would contact me with a quote. I neglected to mention that I was in Ireland and when I rang the Jervis St, Dublin store to confirm the staff member told me that it was out of warranty and I wa sentitled to nothing. I then rang the national consumer agency and spoke to a very helpful guy who basically explained that the as product should have a life of more than two years I was entitled to a repair or replacement by law and to read the Sale of Goods and Supply of Services Act, 1980. I have checked this and feel it is quite vague and there is nothing to show I can demand this action apart from this:

"12.—(1) In a contract for the sale of goods there is an implied warranty that spare parts and an adequate after sale service will be made available by the seller in such circumstances as are stated in an offer, description or advertisement by the seller on behalf of the manufacturer or on his own behalf and for such period as is so stated or, if no period is so stated, for a reasonable period."

I've heard a six year term been mentioned regarding items but this seems absent in the legislation. Any ideas please?

Can't help you with specifics Sweetie - but the at least 2 years piece comes from an EU directive relating to certain consumer goods including electronics (according to a fairly limited law module I did a couple of years ago). So maybe try looking for EU sources rather than Irish ones. I think the EU piece put a more definite frame around the "reasonable period" in so far as the Irish Sale of Goods.... Act is concerned.

jor el

sweetie wrote: »

I've heard a six year term been mentioned regarding items but this seems absent in the legislation. Any ideas please?

I've heard that typically 3 years should be expected on a warranty. There was someone from the NCA on The Last Word a while back and I'm pretty sure that's what he was saying.

Go into a Maplin shop and ask for the manager. Mention the Supply of Goods and Services 1980 act and that if you take a Small Claims Court case that you'll win. Tell them you've already been on to the NCA too. They may well just replace or take the item back to investigate a repair. If they refuse, then SCC it is.

mdebets

sweetie wrote: »

I ... (and the item was bought on the uk website)...

Wouldn't that imply that you don't have aby rights at all in Ireland, but only in the UK, so that you can't for example go to the small claims court here?

sweetie

mdebets wrote: »

Wouldn't that imply that you don't have aby rights at all in Ireland, but only in the UK, so that you can't for example go to the small claims court here?

Hope not But seeing as they have an Irish branch(es) and also European consumer law would seem to suggest I would be covered (under normal 1 year warranty anyway)

jor el wrote: »

I've heard that typically 3 years should be expected on a warranty. There was someone from the NCA on The Last Word a while back and I'm pretty sure that's what he was saying.

Go into a Maplin shop and ask for the manager. Mention the Supply of Goods and Services 1980 act and that if you take a Small Claims Court case that you'll win. Tell them you've already been on to the NCA too. They may well just replace or take the item back to investigate a repair. If they refuse, then SCC it is.

That's the thing though, I have looked at a few sites and all I've come up with is two years mentioned as a typical period on the European consumer site. Thank for all the advice. I'll call in person and speak to a manager.

EKRIUQ

Customer brought me to the small claims court after 4 years!!,

Before that I Repaired it and fixed it did everything I could but I wasn't prepared to replace it after 4 years of constant use of a everyday item, but he still wanted a brand new replacement, so feck it I went to the court, he wanted €1,200 judge gave him €200.

Judge said there's no time limit on a goods warranty they should last as long as expected. The judge determined that this item should last 5 years thus the verdict.