Warranty less than a year?

Pixie84

A friend of mine bought an item on ebay last Christmas (a child's ride on electrical car). It broke shortly after first use, contacted seller no contact and due to moving home among other things didn't contact them again. So I contacted on their behalf and received a rude reply saying item is well out of warranty and should have contacted earlier etc which is true but couldn't be helped. Anyway I told them the problem and after 3 weeks no further contact. Surely an item like this would be guaranteed for at least a year? And surely they should be trying to help resolve problem regardless?

slimjimmc

Why do you assume is has a warranty, was it written anywhere at the time of purchase?
A warranty is a perk, consider it a bonus on top of your statutory rights. A retailer or manufacturer is not obliged to give any warranty at all, it's entirely their choice what level of warranty (if any) they offer at the time of sale, but when they do they are obliged to honour its terms (as is the buyer).

I think your confusing a retailer or manufacturer warranty with statutory rights. You have certain statutory rights when, as a consumer, you buy goods or services from a business. However, it's not a worldwide law so if the seller is based outside the EU (or perhaps EEA) then those rights may not be enforceable.

Pixie84

It was bought from an Irish company, I can't see anything about warranties on their site but surely if item if faulty they have a responsibility to their customer to fix it?

slimjimmc

Pixie84 wrote: »

It was bought from an Irish company, I can't see anything about warranties on their site but surely if item if faulty they have a responsibility to their customer to fix it?

You and your friend enquired about a warranty which had expired so they have no responsibility to fix it under those terms.
However, they may have a responsibility to fix it if you invoke consumer protection law. I say "may" because it has yet to be determined if the law covers the fault.

Read up on the Sale of Goods and Supply of Services Act, and get your friend to claim under that (don't mention the warranty, if it's expired it's irrelevant).
You have no contract with the seller so they don't have to deal with you but they do have to deal with your friend.
The seller has the right to inspect the item to determine the cause of the fault and there is no guarantee the defect is covered by the Act.

Pixie84

Alright will pass that info on and fingers crossed, many thanks

ytpe2r5bxkn0c1

Was it new? Secondhand cars can often only have a 6 months cover from a garage so a child's toy.....

slimjimmc

Cecilia Jolly Woman wrote: »

Was it new? Secondhand cars can often only have a 6 months cover from a garage so a child's toy.....

Perhaps that explains the short warranty, or there simply was only a short one anyway.

Either way the owner's only choice now is consumer law.
New or 'pre-used' you still have the same statutory rights, except you can't expect to get the same level of redress for a used item than a new one. For example you could still get a repair, or a full refund of the price paid, or a replacement of equivalent age/condition but don't expect a brand new replacement.

Pixie84

No it was new..although he did claim in email that it was on sale