Smart phone warranty/statutory rights query

ktc99

I'm wondering if anyone could help me with this query. Say I decide to buy a smartphone from a shop and they give me a 6 month warranty what are my statutory rights after the 6 month warranty has expired. I believe that under British law that a 6 year period applies to goods sold where a partial refund or replacement can be gotten. I have found this in in relation to UK law so was wondering can someone finally fully explain it in Irish law terms to me.

In the UK the refund should take into account how much use the customer has already had of a product. However, the likelihood of getting such a refund is dramatically reduced after just six months. The reason is that for six months after the purchase, it is up to the retailer to show that a fault on an item is down to the actions or misuse of the buyer, rather than an inherent fault in the product.

After six months, the burden of proof switches to the buyer and it is they who must then show a fault is due to some inherent problem, something that can be almost impossible in all but the most straightforward cases.

For example, the plasma TV you bought five months ago stops working without explanation and you return to the shop you bought it from, expecting a refund. The store manager is reluctant but can find no explanation for the fault. There are no scratches or damage to show it has been dropped, or signs of water damage. Complying with the Sales of Goods Act, he understands without such proof he must refund you money.

But were the fault to develop at seven months, he would not need such proof. The TV may show no signs of damage or misuse, but the store manager no longer needs to show there was any. Instead, you must show to him that there was a shoddy component or design fault that caused the problem. In the absence of these things, he is under no obligation to return your money.

In reality, most retailers offer returns policies that extend this 6-month period to 12 months. But after that refunds are hard to come by

So long story short I know full well that after 5 years there is no chance of getting a refund on a smartphone in Ireland. But what I want to know is what is a reasonable time after a smartphone is bought that a partial refund or replacement should be given in Ireland. Is it 6 months, 12 months, 24 months? And what is a reasonable time frame for which it is thought a smartphone should last for? Because this is very subjective (I believe 1 year but other might believe 18 months) and it is not made clear on any consumer websites I have checked online.

So any help would be greatly appreciated!! This is really bugging me!

Oryx

Your question is one that has no definitive answer. The law here gives consumers protection against faulty goods for up to 6 years but is based on what is reasonable for that product, specific timescales aren't given. In the case of a dispute its up to a court (small claims?) to decide. But you can make your claim up to six years after purchase. You might not win though

MarkR

Was it second hand?

dudara

I just want to make one thing clear. Your statutory rights are independent of a warranty and cannot be superseded by a warranty.

Do you have a specific consumer issue here, or are you posing a theoretical question?