Know Your Rights – when buying tech and gadgets

Q. What is the difference between a warranty and a guarantee? A. There is no legal difference for Sale of Goods regulations. Either can be used.

Q. If the kit breaks down after a few months can I get my money back? A. If you use it and it fails in the first six months, you can ask the retailer for a replacement or repair. It is down to the retailer to prove that the product doesn’t have a manufacturing fault. If the item fails after six months, you will have to show the retailer that the failure was due to a manufacturing fault and not wear and tear. If you can, you will be entitled to a replacement or a repair. The retailer can decide whether to replace or repair.

Q. Who pays for delivery when goods are returned? A. If you have a valid complaint, the retailer has to pay reasonable delivery costs. Who decides if it is a valid complaint? Check the retailer’s returns policy and/or the warranty returns provisions for guidance. Either may suggest you refer to a nominated repair person for a view. Consider discussing the diagnosis and return provisions with the retailer before you hand over the kit and, if you have any concerns, ask a local repairer for an opinion.

Q. How long should hi-tech electrical goods last? A. There are no legal guidelines. If the manufacturer gives a guarantee, then the period of the guarantee would be a good guide to the minimum amount of time they should last. A common-sense approach is needed. How long they last depends on the quality, how much they are used, the type of use and the environment in which they are used. If you return kit to the retailer, you should be prepared to let them look at it and decide if it has a fault. It’s a good idea to get an expert to look at it and give you an opinion that you can pass on to the retailer when you return it. You could also research via the web for information to support you.

Q. Is there anything I can do if the kit breaks down just out of warranty? A. There might be. Your right to replacement or repair against the retailer is in addition to any benefit you might have from a manufacturer’s warranty. Even if the warranty has expired you still have a possible claim against the retailer if you can show that the breakdown was due to a manufacturing fault and not wear and tear. As with the previous question, you may need to obtain an expert opinion first.

Q. When my laptop broke down after two years I took it back to the shop, but they only offered me a discount on a new laptop. Is that fair? A. There has to come a point when wear and tear has a greater impact than any possible manufacturing or design fault – depending on the quality and demands made on the laptop of course. If you don’t have reasonable proof that it should have lasted longer, the retailer’s compromise might be a good deal. If you tried your luck in court, it’s likely that any compensation would be reduced to offset the two years’ good use you’ve had.

Q. Can I get my money back if I buy something because of what I read in an advertisement, but then it doesn’t match the hype? A. Yes, if an advertisement is misleading and you bought because of it then the goods have not matched the description. You should go back to the retailer.

Q. Does it matter if I buy in a sale? A. No, your rights are the same. However, if you buy a particular item on display – and you have an opportunity to inspect it – you will not be able to complain about defects that you should have seen or known about.