Guess you've probably seen it at some point, but in case you haven't the below is an excerpt from the Which website, about faulty products.
Personally I would persist with Evolution - you clearly stated to them that the product was faulty within the first 30 days, and it was reasonable for you to keep an eye on it.
Turns out it is faulty as fuck, so I think you have a right to a refund, or a replacement, at a minimum.
The manufacturer's warranty is nice. But that's *in addition* to the rights you have as a consumer. Your contract is with the reatiler and they are still responsible for shitty goods, regardless of any warranty.
Even if it wasn't faulty when purchased, it should still last "a reasonable amount of time" (what is reasonable depends on the product). If it's within a year, they should definitely be sorting you out.
Can I get a full refund? - the first six months
If you've owned the item for less than six months, the retailer must give you a full refund if an attempt at a repair or replacement is unsuccessful.
The retailer can't make any deduction from a refund in the first six months.
The only exception to this is motor vehicles, where the retailer can make a deduction for fair use after the first 30 days.
It doesn't matter whether you bought your goods before or after 1 October 2015 - in the first six months from when you buy something, the onus is on the seller to prove your defective product was of satisfactory quality when you received it.
It's not for you to prove that the faulty item was not of satisfactory quality in order to get it repaired or replaced during the first six months after purchase.
However, you may find that the retailer will conclude that the product is of satisfactory quality by taking the product in for an ‘in-house’ inspection or arranging for it to be looked at by the manufacturer.
As a result, even if the retailer has not produced enough evidence to satisfy the legal burden of proof by doing this, you will likely have little choice but to find your own independent evidence to move matters forward.
Six months or more
If a defect develops after the first six months, the burden is on you to prove that the product was faulty at the time the goods were delivered to you.
In practice, this may require some form of expert report, opinion or evidence of similar problems or defects across the product range.
The retailer can also make a deduction from any refund for fair use after the first six months of ownership if an attempt at a repair or replacement is unsuccessful.
You have up to six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland, and five years in Scotland.
This doesn't mean that a product has to last six years - just that you have this length of time in which to make a claim if a retailer refuses to repair or replace a faulty product.
Was a fault present at purchase?
The truth is, the law doesn't explain how you can prove the fault was present at the point of purchase, which can make it problematic when you’re asked to do so.
Guidance has tended to focus on getting an independent report from a repair shop or expert, but this advice dates back to a time when these were a common presence on high streets.
You could be hard pressed to find one now. But it's worth looking in your local area for a repair shop if you need to get an objective opinion.
Here are a few suggestions on what you can do:
- If you can find a repair shop or expert to undertake an independent inspection and provide a report on a defective product, it’s worth doing so as long as the cost isn’t disproportionate to the value of the product. You should always check whether the retailer is happy with your choice of independent expert. Aim to work out how costs will be divided in the first instance and agree that any costs incurred by you will be reimbursed in the event the report lands in your favour.
- Are people on social media complaining of the same fault? What about any reviewers or journalists? The more evidence you can collect about the faulty product and how widespread the defect is, the more persuasive your case could be.
- If the retailer fobs you off and tells you there's nothing it can do, you could report it to Trading Standards
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- Do you have a guarantee or warranty? If so, check the terms of use. If you’re getting nowhere with the retailer, or if the retailer has gone bust, you may want to go straight to your warranty provider and make a claim.
Do I have to pay to return a faulty item?
Whether you'll need to pay depends on when you found the fault and whether you want a refund, repair or replacement.
Returning faulty goods
If you want to return your faulty goods for a refund, a repair or replacement, you should be refunded the delivery cost you paid to get it sent to you.
If you paid for enhanced or express delivery and you’re returning the faulty goods early on, this will also be refunded to you.
But if you’ve had the goods for a while and they’ve only just developed a fault, you probably won’t be able to claim back the initial delivery costs for getting the goods to you.
This is because you’ll have benefited from owning the product for a while already.
Returning faulty goods to be inspected
In some situations the retailer - or you - might want or need to send the faulty good to a manufacturer for closer inspection of the fault.
This is so that an expert can confirm whether the fault was present when you purchased it.
It is worth taking any conclusions from this with a pinch of salt if they do not side with you, particularly if it relates to a possible manufacturing fault.
This is because the manufacturer is not independent and accepting liability could have a knock-on effect on what it have to pay out to the retailer to indemnify it for paying you, as well as the costs of handling widespread issues if it transpires that this is a product-wide fault.
The first six months
If the fault developed within first six months of you owning the product and you’re looking for a repair or replacement, it’s down to the retailer to check the fault in order to demonstrate the product wasn’t faulty when you received it.
Because of this, the retailer will usually want to get it checked by a manufacturer. The retailer has a legal obligation to cover these costs.
So, if it asks for you to return the faulty item to the manufacturer, get confirmation from the retailer that it'll refund the cost of doing so.
The retailer has to cover the cost, so if it refuses to do this complain to its customer services team and refuse to send the faulty item without confirmation you’ll be compensated.
It is not advisable to arrange the return yourself even if the retailer says that you will be compensated. This is because you will be liable for any issues that occur during transit. You should therefore push for alternative arrangements such as the retailer providing a prepaid label and arranging the courier, or the dealership organising a recovery vehicle.
After the first six months
If the fault developed after the first six months of you owning the product, the onus is on you to prove the fault was present at the time you took ownership of it.
So, you should expect to pay for any reasonable steps and delivery costs to prove the fault was present at the time of purchase.
It’s always best to notify the retailer that you will be claiming any such costs back from the retailer in the event that the goods are found to be faulty.
If you manage to prove this, you can contact the retailer and ask them to reimburse you these delivery costs, plus any costs charged for inspecting the goods.
It’s always best to agree the approach the retailer will use to establish whether or not the goods are faulty.
If you don’t want to go down the route the retailer has suggested, make sure you’ve agreed a new approach with the retailer beforehand. This includes making sure costs are reasonable.
Your report will need to follow a prescribed form if you intend to use it as expert evidence in legal proceedings.
