Is this Legal?

[bobbydazzler]

Hi all

I recently discovered a fatal fault with a computer item i bought online from a well known trader six months ago.

When I've looked into the process of returning it (RMA) I've noticed their web site states that it 'must be in it's original packaging'.

Unfortunately this was thrown out after a few months and I only have part of the original packaging....a small inner box in which the item was housed.

Can they legally refuse to accept it for replacement?

Thank for any advice

Bob

[kempie]

No, they cannot refuse to accept any of their liabilities under The Sale of Goods Act 1979 nor The Supply of Goods and Services Act 1982 by stipulating the return of a faulty item in its original packaging.

http://www.dti.gov.uk/ccp/topics1/saleandsupply.htm

Any "original packaging" clause is more pertinent to rejection of goods under The Consumer Protection (Distance Selling) Regulations 2000, where you have the right to return (certain) unused goods within a cooling-off period. This is totally unrelated to the return of faulty goods.

http://www.dti.gov.uk/ccp/topics1/ecomm.htm

[Oneeyedvic]

Agree with kempie 100% - if it is faulty they must repair / replace it if within warranty period.

[bobbydazzler]

Many, many thanks for the help :)

[lyndunnpoet]

I bought a laptop from dixons and it went very wrong soon as i put it on, me being me thought it was the laptops normal workings. I then found out it was most definetly broke. so i took it back the next time i was in town about 30 days later and was told they wont replace it because its outside 28 days. I said your joking right this is �700 worth and is not working you have to replace it. But I found out they didn't they just had to have it repaired. Which after contacting trading standards they repaired it. I will never buy another thing from Dixon's again they are a crap company who have no after sales care. You are within your rights to have your money back or a repair.

[yummymummy]

BTW, nothing to do with warranty periods. Warranties are on top of legal rights (SOGA as mentioned above) and it is these legal rights that say about repair/replace. These last for up to 6 years depending on life expectancy of product, so even if something goes wrong outside warranty period, shop still has responsibility to do something.

You're right, Lyn, Currys/Comet/PC World are the worst of the worst at this.