A very common consumer question – which goes along the lines of:
I have bought an item from a shop/retailer which is faulty – I have taken it back to the shop but they tell me to go to the manufacturer. Who is responsible for fixing the faulty item?
The answer to this is quite simple – you bought the item from the shop and your contract is with the shop. You do not have a contract with the manufacturer. The shop has the legal liability to fix the item.
If the item is faulty then you will have your legal rights under the Consumer Rights Act 2015 against the retailer. You may also have a separate warranty direct with the manufacturer – and if you pay extra to the retailer for an ‘extended warranty’ you may also have another set of rights against the retailer or third party insurer.
Bottom line is that when a product breaks (especially if very soon after purchase) you should use your legal rights. Only if they do not cover the problem should you move onto a free manufacturer warranty or a paid for warranty (bear in mind a warranty will often cover things not covered by the Consumer Rights Act 2015 – such as accidental damage).
You should bear in mind of course- if you give the item to the shop they will often just pass it back to the manufacturer – so it is often quicker if you just go direct to the manufacturer if the manufacturer is happy to deal with you direct. You should always check with the shop first though and get permission as if you go to the manufacturer without giving them first chance to offer a refund/repair they may argue that you should have given them a chance to fix the item first.
Bear in mind your rights under the Consumer Right Act 2015 are:
-the item is faulty when it is sold to you (but that fault may be not become apparent until after it has been used) – this essentially means there is some sort of manufacturing defect with the product as it was not designed or made properly
– it is not as described
– it is not fit for the purpose for which it was sold
The Consumer Rights Act 2015 does not cover damage you cause yourself.
There are lots of guides online about the rights you have under the Consumer Rights Act 2015.
Due to so many comments/questions on this matter:
1 – you have a LEGAL CONTRACT with the seller. If you are being fobbed off then you need to take action against the seller.
2 – if the seller does not give you your rights (as explained above) then you must pursue them through the court system (in England the county court). That is what the court is there for – to resolve disputes where the law is not being complied with. You must be able to demonstrate to the court what LEGAL rights the seller has not given you – therefore you will need to read up on consumer laws like the Consumer Rights Act 2015 to understand what your rights are.
3 – whether you have a claim depends on the situation (e.g how long you have had the item, what the problem is etc). It is not possible to give advice for every situation – seek advice from the Citizens Advice consumer service (see relevant page on this site)
New comments which as the same questions in relation to the above points will not be approved.