Following the letter last week about John Lewis not responding to a claim under its "never knowingly undersold" policy, one question springs to mind. I thought all electrical goods now come with a two-year guarantee under EU rules.
If so, surely that means John Lewis should be offering your writer the difference in the price – or perhaps other rival stores are not complying with EU regulations? HR, Llangeitho, Ceredigion
Yours was one of a number of letters we received making this point, so we thought it would be a good opportunity to clarify the rules. The European Directive 1999/44/EC says all EU countries have to ensure a retailer could be held liable for all "non-conformities" which manifest within two years from delivery.
However, because the Sale of Goods Act (SOGA) meets or exceeds most of the directive's requirements, this overrides the EU directive. The act requires three things: the goods must be as described; they must be of satisfactory quality, which is determined by description, price, durability, freedom from minor defects; and they must be fit for purpose.
Because manufacturers tend to give one year's warranty on goods, retailers will usually push you in their direction if the product breaks inside the first year.
However, SOGA provides cover for goods bought for up to six years – in England and Wales. This means if a TV fails after 13 months, you still have rights. Assuming the item has failed through no fault of yours, and it was "reasonable" to expect it to last longer – given its cost/quality – you should demand, under the Sale of Goods Act, that it be replaced or repaired by the retailed, not the manufacturer. Once the item is six months old, the onus is on you, the consumer, to show the item failed as a result of a manufacturing fault.
Try the Yellow Pages for an independent repairer. Most stores will reimburse the cost of an independent examination if the breakdown is the result of an inherent fault. In Scotland you get similar rights, but only up to five years.
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