Hidden EU rule helps UK shoppers get refunds

Discussion in 'The Intelligence Cell' started by rockape34, Jun 4, 2009.

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  1. This is Money

    Hidden EU rule helps shoppers get refunds
    Ed Monk, This is Money
    4 June 2009

    A little-known EU directive is giving shoppers extra ammunition to return faulty goods, despite the obstacles put up by retailers. Read our guide to see if it can help you.

    Reports are beginning to emerge of clued-up consumers using a little-known European Union directive to force retailers to refund or replace faulty goods, even after the stated guarantee periods have ended.

    Interest was sparked after shopper Peter Ward returned his broken TV to the Tesco store where he bought it. Peter had read about the EU rule which says you can take goods back up to two years later and obtain a replacement, even if the guarantee has expired. In the end mighty Tesco backed down.

    The EU rule allowing the return of goods up to two years after purchase is at odds with the returns policies adoped by most major shops.

    Shoppers have become used to retailers allowing the return of faulty goods within a year of purchase, with any return after this time allowed only where buyers have also purchased a warranty.

    But the EU rule may change all that.

    So what has happened?

    Most major retailers will have a stated returns policy that complies with UK consumer law. Those interested can see the exact wording of the Sale of Goods act here, but put simply the law says that retailers must sell goods that are 'as described, fit for purpose and of satisfactory quality'.

    If a defect is detected when, or in a reasonable period of time after, the sale is made, then buyers can demand a full refund.

    However, the rules get fuzzier when faults develop over time and a buyer has to return goods after possessing them for a longer period.

    Under UK law, buyers in England and Wales can get a refund or repair up to six years after the purchase was made. 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.

    Sounds complicated?

    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 after 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 how does the EU rule change things?

    The EU directive in question is 1999/44/EC. The full wording is contained here (open the word documtent and scroll to page 7) but the important bit is this: 'a two-year guarantee applies for the sale of all consumer goods everywhere in the EU. In some countries, this may be more, and some manufacturers also choose to offer a longer warranty period.'

    As with UK law, a seller is not bound by the guarantee 'if the (fault) has its origin in materials supplied by the consumer'. But the EU rule does not require the buyer to show the fault is inherent in the product and not down to their actions.

    The EU rule also says buyers need to report a problem within two months of discovering it if they want to be covered under the rule.
     
  2. One of those lofty principles that is fine in concept but in practical terms would be extremely difficult to invoke. Even if it were applied the unintended consequence would be an increase in the sale price of the product.
     
  3. UK consumer laws already have something much better. I forget whereabouts it is - and the precise wording for that matter - but the gist is that all goods sold should have a reasonable lifetime.

    The sticking point is "What constitutes a reasonable lifetime?"

    Fridges should last almost forever - Mum had one that lasted over 30 years and was only replaced because it looked old-fashioned.

    TVs should last in excess of 5 years - my first big screen one was bought ex-rental (i.e. >3 years old at time of purchase) and lasted 10 years.

    Trouble is, there's no formal list that defines "reasonable lifetime" so beyond the manufacturer's or retailer's guarantee, you'd be looking at an interesting court case if the situation wasn't sorted amicably.

    Having said that, you could find that manufacturers back down, given a little push, when they're faced with their product being described as less durable than their competitors'. I've had a washing machine replaced after 5 years - three years beyond the manufacturer's "extended" guarantee period.
     
  4. Or the practice of selling unnecessary insurance.
    Interesting thread starter, thank you, very useful
     
  5. The 2 year rule has been in force here in Spain for many years and is well known by the local and expat population. No problems getting anything repaired for the first 2 years.
    The "reasonable" length of time electrical goods should give in the UK is actually 6 years but doubt if any retailer would honour this.
     
  6. <Watches tumbleweed drift across thread>

    Odd... There's usually a crowd of anti-EU types all over any thread that mentions it. Perhaps they're ignoring the good that occasionally comes out of Brussels in the hope it'll go away?
     
  7. I think it's prolly just the 'broken clock' syndrome...
     
  8. Or maybe - just maybe - despite its many, many faults, the EU isn't some sinister collection of moustache twirlers plotting how to murder John Bull in his bed?
     
  9. This rule is slowly getting accepted in Ireland by retailers - mostly the big guns like Currys & Tesco. The rule also means that the extended warranties you can buy are flawed as they usually start from the end of year 1
     
  10. The bosch even have offices to run to blubbing if the retailers refuse. As do the Ities too.

    Just another Brit none event as all hater the EU for some reason - like haiting the French, Belgains, Luxembergers, Spanish and most of the rest of them.
     
  11. BiscuitsAB

    BiscuitsAB LE Moderator

    Well there are the added benefits in spain of "the complaints book" and the ability to denounce the retailer.