Does consumer protection last just six months?

Q

I bought some garden furniture earlier this year, but the umbrella broke after seven months. The company, Laura James ( www. laura-james.co.uk), is refusing to replace it because I’ve owned the product for more than six months. I thought I had 12 months of protection. Who’s correct? Donald Macleod

A

It depends how Donald is seeking redress. If he’s using a six-month warranty, he’s now past the deadline, though most warranties are for 12 months. They also tend to be from the manufacturer, not the retailer.

However, if the umbrella has broken, Donald might be able to claim that it was inherently faulty under the Consumer Rights Act (CRA) - and here the six-month deadline is relevant. Within six months of purchase, it’s up to the retailer to prove that an item isn’t inherently faulty. After six months, the onus moves to the customer. This may be what Laura James is referring to.

As with all online purchases, Donald could’ve rejected the purchase within 14 days for a refund, whether or not it was faulty. This period starts from the day you receive your goods. If you buy multiple goods in a single order, the 14 days run from when you receive the final item.

Since first emailing us, Donald has bought a replacement umbrella. He can now seek damages from Laura James for the cost of this umbrella, emphasising that he had to buy it because the company hadn’t offered to repair or replace the original. CASE ONGOING