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Rights with defective item bought in the EU

2 replies

MooMaid · 25/05/2015 14:04

Hi all

Hoping someone can help & I've posted in the right place...

We purchased an item from a company in the EU at the end of last year. We started using the item this year. The item is distributed via distributors around the world and the distributor we used had a better offer than the distributor in the UK hence the reason we purchased in the EU.

We have encountered three separate issues with this item and I am now in the process of making a complaint.

When we encountered the first problem we were directed to the UK distributor as they're responsible for repairs however they told us they couldn't help us because it was under EU warranty and not UK warranty.

We've since spoken (again) to the company we bought from as the third issue required immediate fixing and they were pretty surprised the UK distributor wouldn't help us.

Does anyone know if this is true? That because we purchased it in the EU we cannot use the UK repairer now something has gone wrong? The UK repairer insinuated that because the item had been purchased in the EU it was somehow of a lesser quality and this was the reason that they couldn't help. If we'd been in Italy, for example, but purchased in France, the distributor seemed to think it'd be OK to be repaired but the UK distributor is saying they can't help.

Could anyone advise the rules surrounding EU/UK warranty rules?

Many thanks

OP posts:
RightSideOfWrong · 25/05/2015 14:10

The company can set whatever warranty rules it likes. There are no rules or laws around warranties, because they are over and above your legal rights.

Your legal rights here are more complicated because you bought from the EU. You'd need to look up the relevant laws in whichever country you purchased from - if you'd purchased in the UK, presuming that this is a consumer purchase and not a business purchase, it would be the Sale of Goods Act. You'll need to find and read the relevant law for wherever you purchased the item, and see what legal recourse it offers you.

It's also worth noting that any legal action you take will probably have to take place in the country that you purchased in, rather than the UK - there are a few exceptions, but not many.

You could also ask to see the terms and conditions of the warranty to see if what the distributor is saying is true, but I expect that if the company was wrong, they'd have said so. If they've just said that they are surprised, then they probably hoped that the repairer would help but know that they cannot legally force them too.

MooMaid · 25/05/2015 16:32

Ahhh thanks I hadn't thought to ask for a copy of the terms of warranty. I highly doubt I'd take legal action, just wondered if anyone knew the legalities of warranties UK v EU. I'll ask for a copy, sensible idea!

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