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Originally Posted by pilotbob
Ok, so let's pretend I live in the UK.
I buy a mirror.
I bring it back 3 weeks later and say it is broken now so I want it replaced.
I would of course say that I "did nothing to break it".
Are you going to say that I am entitled to that? Or is it entirely reasonable that glass can break?
BOb
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Come on, Bob, I understand that you're trying to make a point but the hypothetical situation you're describing is a bit of stretch.
However, from a legal point of view (AIUI), then yes, you would be perfectly entitled to do that. However, the seller would be perfectly entitled to refuse your claim and state that the mirror had broken due to your negligence.
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Originally Posted by pilotbob
My "point" is that a cracked glass screen on a portable device is most probably NOT a manufacturing fault or defect. So, even if it is the retailer responsibility to deal with issues for a "reasonable time".. that doesn't make a broken piece of glass a warranted item.
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There's an easy solution for the retailer, though, as I outlined in response to your "mirror scenario" above. If Waterstone's are so certain that it is not an inherent fault with the Reader (i.e. that it has been damaged through user negligence, or suchlike), then they can refuse to repair or replace the item, giving their reasons why. If the OP disagreed with their assertions, they could then take Waterstone's to the Small Claims court in an attempt to obtain a repair/replacement and any applicable damages.
Out of interest, what do you think has caused the OP's problem, if you're so sure that it isn't a manufacturing fault or defect?
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Originally Posted by pilotbob
Even if it is, it would be very hard to prove this is so and would probably take a class action lawsuit to resolve.
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Perhaps in US law it would. The buyer can go to the Small Claims court in the UK, which is a lot more straightforward process and designed to deal with cases such as this - people can and regularly do successfully contest cases at the Small Claims court without any sort of legal representation.
All due respect to our colonial brothers and sisters
, but there's no way I'd swap my consumer rights in the UK for the ones available in the US.
Hope this helps to clarify the situation!