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Old 01-14-2023, 08:51 AM   #4
Quoth
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Posts: 14,232
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Location: Ireland
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SOGA National legislation (The EU equivalent is similar)

4.1 Australia
4.2 Bangladesh
4.3 India
4.4 Malaysia
4.5 New Zealand
4.6 United Kingdom
https://en.wikipedia.org/wiki/Sale_of_Goods_Act

Applies only to consumer, i.e. retail purchase. You may not have any protection in SOGA or EU equivalent if you buy from a wholesale or trade outlet, or a company only selling to business (i.e. VAT registered in many countries).

Strictly speaking there are no EU laws. The member countries agree via democratic votes on Directives, which unless there is an opt-out agreed, are then voted / implemented as laws in each country.
https://en.wikipedia.org/wiki/European_consumer_law
The issue of a retail "warranty" is one aspect. The UK SOGA by 2016 was matching the EU Directives, so the laws in EU countries and associated places (Norway, Switzerland) etc are nearly identical. The UK is proposing to ditch thousands of EU originated laws, which in many cases were slight variation of previous UK law purely by Ministerial Directive. This might involve removing consumer rights as in SOGA, product safety, workplace safety, worker rights etc as part of "bonfire of red tape". So far Brexit has increased UK red tape.

So just as Chinese or other sellers abroad from your country might ignore warranty rights, the UK also might be a risky source in the future. Already people in Ireland can't get warranty return of Nintendo controllers, because the return address is in the UK (rather than NL, DE or local) and Nintendo is refusing to do the UK customs paperwork even though they send a local courier to pick up the faulty controller. The courier then refuses the pickup as there is no customs declaration (making one yourself would go badly as the paper has to be matched by an online entry by Nintendo).

Here in Ireland any awkward retailer backs down and offers refund or replacement or repair (their choice and usually refund) as soon as you mention the Small Claims court.

I had a faulty Kobo on arrival and they wanted me to pay for shipping. I pointed out that it wasn't the "I'm changing my mind" scenario, but warranty so they needed to pay shipping. There was no argument and the customs/courier docs were emailed. Actually the return address was the Netherlands (also in EU). Eventually the working replacement arrived.

If I had not known my rights I would have had to pay Courier Ireland to Netherlands. No postage allowed because of the battery (cell). There is a long list of stuff that can only go by courier.

So find out your local rights. If you mail order from abroad it is local warranty law that applies!
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