When does the guarantee start for a consumer distance sale item? Is it the date of order, date of payment, date of delivery to the buyer's address or date of first use? - HotUKDeals
We use cookie files to improve site functionality and personalisation. By continuing to use HotUKDeals, you accept our cookie and privacy policy.
Get the HotUKDeals app free at Google Play

Search Error

An error occurred when searching, please try again!

Login / Sign UpSubmit

When does the guarantee start for a consumer distance sale item? Is it the date of order, date of payment, date of delivery to the buyer's address or date of first use?

£0.00 @
In an instance of a typical consumer purchase classed as a distance sale (order via telephone, internet), there may be a delivery timeframe of say one week from placement of order to actual delivery. … Read More
AndyRoyd Avatar
2m, 1w agoPosted 2 months, 1 week ago
In an instance of a typical consumer purchase classed as a distance sale (order via telephone, internet), there may be a delivery timeframe of say one week from placement of order to actual delivery.

The Consumer Contract Regs 14 days cancellation option period starts from date of delivery not the date of order, but when does a typical guarantee start? If it starts from date of order, then the effective usefulness of any warranty may be reduced by the duration of the delivery timeframe or the period to first use.

What would apply for instances when an item is not in stock?

I'm ideally looking for the UK legal answer, possibly comparable to the Euro obligations identified at http://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/faq/index_en.htm neither of which may reflect a specific vendor's terms.

Not looking for "should" or "might" answers, although I am still interested to hear opinion as I am sure there will be informed HUKD members who can suggest reasonably justifiable reasons for a particular train of thought and / or unique circumstance.

Thanks.
AndyRoyd Avatar
2m, 1w agoPosted 2 months, 1 week ago
Options

All Responses

(18) Jump to unreadPost an answer
Responses/page:
#1
Sadly not a difinitive answer but I would suggest it's date or order. When registering a warranty they only ever ask for purchase and never delivery.
#2
It's normally date of order.
#3
1m00dybeaver
Sadly not a difinitive answer but I would suggest it's date or order. When registering a warranty they only ever ask for purchase and never delivery.
OK. I assume you are referring to a manufacturer warranty. What about the vendor obligations? Thanks.
#4
if talking ebay it is the date of delivery - in fact if your actual date of delivery is earlier than estimated date of delivery ebay go with the last poss estimated delivery date :(
#5
Contact citizens advice if you want legal advice but my non legal opinion is the warranty starts from the purchase date, not delivery date but *most* retailers give 14day grace beyond the year anniversary. Again, I don't know if that is a legal requirement. If there has been a significant delay from purchase to delivery you could argue this on a case by case basis.
#6
Date of delivery of goods for all guarantees, warranties and shop time frames ie refund timings.
#7
like many people you are confusing legal obligations with warranties, they are entirely separate, at the moment there is no legal obligation to provide any "warrenty" from any date
#8
maddogb
like many people you are confusing legal obligations with warranties, they are entirely separate, at the moment there is no legal obligation to provide any "warrenty" from any date

i worked in retail before and had this issue with a customer whose machine was just over a year purchased, but 3 days inside a year since they received the goods. Rang the manufacturer , was hotpoint , who had me email purchase date and delivery date. They honoured the warranty fine. Only happened a few times over 9 years and everytime the manufacturer honoured it (cant remember other 2 but think 1 was a samsung tv). i guess the fact they could walk into the store and speak to someone made it a lot easier to resolve though.

in no way am i saying its law, just saying if its went about the proper way i found they were usually helpful.
#9
maddogb
like many people you are confusing legal obligations with warranties, they are entirely separate, at the moment there is no legal obligation to provide any "warrenty" from any date
I used the term "guarantee" in the question rather than "warranty" as the Euro legislation ref uses it explicity within statements such as:
"...The legal guarantee is binding on the trader. It is valid for two years and covers products bought in the EU..." and "...The trader or manufacturer may also provide you with a commercial guarantee..."
so the question is still valid: when does the guarantee start, ideally shown via a UK ref.
#10
AndyRoyd
maddogb
like many people you are confusing legal obligations with warranties, they are entirely separate, at the moment there is no legal obligation to provide any "warrenty" from any date
I used the term "guarantee" in the question rather than "warranty" as the Euro legislation ref uses it explicity within statements such as:
"...The legal guarantee is binding on the trader. It is valid for two years and covers products bought in the EU..." and "...The trader or manufacturer may also provide you with a commercial guarantee..."
so the question is still valid: when does the guarantee start, ideally shown via a UK ref.
Dont need a reference..
The guarantee starts on day of delivery of goods. Delivery of goods to the final consumer can also mean purchase in store.
The contract binding when you buy something to be delivered to your address is a contract to supply goods so has no bearing on the guarantee of the product as they cannot guarantee you on a product that you dont have.


Edited By: bigweapon07 on May 19, 2017 08:30
#11
AndyRoyd
maddogb
like many people you are confusing legal obligations with warranties, they are entirely separate, at the moment there is no legal obligation to provide any "warrenty" from any date
I used the term "guarantee" in the question rather than "warranty" as the Euro legislation ref uses it explicity within statements such as:
"...The legal guarantee is binding on the trader. It is valid for two years and covers products bought in the EU..." and "...The trader or manufacturer may also provide you with a commercial guarantee..."
so the question is still valid: when does the guarantee start, ideally shown via a UK ref.

ASFAIK in the sense you are talking about "guarantee" also has no meaning in UK law, the terms warrenty and guarantee are pretty much interchangeable so my statement still applies, do you want to highlight where you got that quote from.
Believe it or not the UK legal system is not as pedantic as it maybe should be. the EU consumer law was never implemented in UK law as the courts felt the SOGA terms regarding fit for purpose, of merchantable quality etc and the six year limit could all be interpreted to cover it.
#12
maddogb
AndyRoyd
maddogb
like many people you are confusing legal obligations with warranties, they are entirely separate, at the moment there is no legal obligation to provide any "warrenty" from any date
I used the term "guarantee" in the question rather than "warranty" as the Euro legislation ref uses it explicity within statements such as:
"...The legal guarantee is binding on the trader. It is valid for two years and covers products bought in the EU..." and "...The trader or manufacturer may also provide you with a commercial guarantee..."
so the question is still valid: when does the guarantee start, ideally shown via a UK ref.
...do you want to highlight where you got that quote from....
No problem. Euro quotes are lifted from a few lines down on page below, where one of the first lines states "When does the two-year legal guarantee start? The two-year period starts from the day you took possession of the product..." http://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/faq/index_en.htm
#14
AndyRoyd
maddogb
AndyRoyd
maddogb
like many people you are confusing legal obligations with warranties, they are entirely separate, at the moment there is no legal obligation to provide any "warrenty" from any date
I used the term "guarantee" in the question rather than "warranty" as the Euro legislation ref uses it explicity within statements such as:
"...The legal guarantee is binding on the trader. It is valid for two years and covers products bought in the EU..." and "...The trader or manufacturer may also provide you with a commercial guarantee..."
so the question is still valid: when does the guarantee start, ideally shown via a UK ref.
...do you want to highlight where you got that quote from....
No problem. Euro quotes are lifted from a few lines down on page below, where one of the first lines states "When does the two-year legal guarantee start? The two-year period starts from the day you took possession of the product..." http://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/faq/index_en.htm

it would be interesting to see a test case but unfortunately the first stumbling block anyone would have in a UK court is the question of what language the original legislation was written in and whether of not the translation was correct.
#15
That is the closest reference I have seen, although it may be counter-productive as it appears to suggest any opportunity to enforce a consumer right lasts no longer then "six months beginning with the day on which the goods were delivered to the consumer," or do I misinterpret? Thanks.
#16
AndyRoyd
That is the closest reference I have seen, although it may be counter-productive as it appears to suggest any opportunity to enforce a consumer right lasts no longer then "six months beginning with the day on which the goods were delivered to the consumer," or do I misinterpret? Thanks.

maybe i have this wrong as to what you are asking?
"if" there is a guarantee, then it will be enforced in law from the day of delivery, but again there is no obligation in UK law to provide such a guarantee (this is covered in s1.30 of the above CRA
#17
AndyRoyd
That is the closest reference I have seen, although it may be counter-productive as it appears to suggest any opportunity to enforce a consumer right lasts no longer then "six months beginning with the day on which the goods were delivered to the consumer," or do I misinterpret? Thanks.

yeah you have misread that, UK law is structured, for each and every entry you must include the references made in the section itself, the part you are reading is, to paraphrase "if the part fails(from manufacturing defect) within six months it is taken that the fault that caused the failure was present at the time of sale.
suspended#18
Attitude problem...

Post an Answer

You don't need an account to leave a response. Just enter your email address. We'll keep it private.

...OR log in with your social account

...OR comment using your social account

Thanks for your comment! Keep it up!
We just need to have a quick look and it will be live soon.
The community is happy to hear your opinion! Keep contributing!