Refund question

[Central]

Bought a phone from these guys using my Credit Card

http://www.telephonesonline.co.uk/

It arrived in great time but was faulty and would not charge or turn on. I phoned the guy up on his crazy opening times and got a new one sent out. Its been ok for a month and then the same problem.

Would I still be entitled to a refund since I have already had one? I have emailed him but no answer as of yet

Any advice is great

Thanks

[haydnwalker]

I haven't checked out the official rules regards your rights etc, but, should it not be covered by the website's returns policy (as it may not be as it's been over a month) it may still be under manufacturer's warranty so contact them and find out what they can do if no reply from vendor.

[Cerberus]

I would imagine that it is covered by the standard manurfacturers warranty.

I have noticed from his returns policy that he only offers a 10 DMBG, which is above the normal 7 day policy requested by law. He also offers a 28 day policy for the return of faulty goods: "If there is a fault with your product (or other defect with your order) you may return the product within 28 days of delivery for replacement or refund"

Outside of 28 days: All telephonesonline products carry a twelve month 'return to base' warranty (excluding consumable products e.g. batteries, tapes, ink cartridges, etc). Once your product is more that 28 days old (but within the 12 month warranty) we will repair or replace it free of charge, or apply a Store Credit to your account that can be redeemed against any future purchase. Only the original purchase price excluding any delivery or return costs will be credited to your Store Credit account. It is solely at the discretion of Telephonesonline as to whether a repair, replacement or Store Credit is provided.

Would give him time to answer his email before sending another or contact them directly on the number given on their website. Failing that you can contact your local Trading Standards office or CAB.

[cookie_365]

If an electrical item goes faulty within 6 months the onus is on the retailer to demonstrate that the product wasn't faulty at the time of the purchase.

Otherwise you're within your rights to reject the phone and receive a full refund.

[nffc]

Originally Posted by cookie_365

If an electrical item goes faulty within 6 months the onus is on the retailer to demonstrate that the product wasn't faulty at the time of the purchase.

Otherwise you're within your rights to reject the phone and receive a full refund.

Incorrect. You do have a "reasonable time" to accept the goods, this is usually interpreted as 28 days but as with most timescales in law it is not defined.

Within six months the product is presumed to have been faulty when you got it and the retailer will have to demonstrate it was not when you got it if they disagree.

Outside six months then it is not presumed faulty when you got it and you have to demonstrate that the product was faulty when you got it, if the product has not otherwise lasted for a "reasonable time".

If a product is found to be faulty when purchased then the retailer is legally responsible to ensure the goods do conform to contract. They can do this in one of three ways in this order: repair, replacement or refund. Which one is chosen depends on the product and the cost and convenience of the three methods. Usually a repair is offered unless this is inconvenient to the buyer (which the buyer would then have to prove) or too expensive for the retailer. Likewise, if a replacement is disproportionately costly to a repair this is an inappropriate initial remedy.

Normally the goods are repaired then replaced then a refund is offered if all else fails but this depends as I said, on the purpose the goods were acquired for, the cost and nature of the goods. If a refund is offered the retailer is entitled to deduct a proportion of the purchase price to account for any use the buyer has had of the product.

[londoner_1]

Originally Posted by Be*

Bought a phone from these guys using my Credit Card

http://www.telephonesonline.co.uk/

It arrived in great time but was faulty and would not charge or turn on. I phoned the guy up on his crazy opening times and got a new one sent out. Its been ok for a month and then the same problem.

Would I still be entitled to a refund since I have already had one? I have emailed him but no answer as of yet

Any advice is great

Thanks

I bought a twin BT digital phone set off this site back in 2006, the phones are still going strong.